January 3, 2012
Outline/draft of SCOTUS-focused amicus draft for Jackson and Miller
My efforts at making a mega-draft by stitching together pieces of the submitted amicus drafts created something of a Frankenstein monster: by seeking to preserve different parts of different texts, I produced an ugly creature that seemed unlikely to be able to do much good. Consequently, I turned to developing a detailed outline/draft that was "inspired by" the class efforts rather than working too hard trying to preserve language used in submitted drafts.
I am now posting below the outline/draft that I produced for collective discussion and reflection. This outline/draft is now only a little over 3000 words, so we could (and likely should) add a lot more stuff. In addition, this outline/draft is for now focused only on SCOTUS Eighth Amendment doctrines/cases: materials concerning brain science, international law and state cases have not (yet) been incorporated, but they all might readily find (various) places in this outline/draft.
Starting later today, I should be around most weekday afternoon this week and next. I would be eager to work with any and all students (1) interested in moving forward with the outline/draft I have posted here OR (2) interested in revising their initial draft to produce their own distinctive amicus brief for potential filing. But because the briefs need to be close to finalized over the next 8-10 days in order to enable actual filing in the Supreme Court by January 17, I need to hear from folks ASAP about any serious interest in moving ahead on any of these SCOTUS fronts.
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