CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Monday, June 29, 2020

Meyer on Kahler v. Kansas

Linda Ross Meyer (Quinnipiac University School of Law) has posted How the Supreme Court Lost its Reason on SSRN. Here is the abstract:
This is a short essay on the U.S. Supreme Court's opinion in Kahler v. Kansas, in which the Court held that the right/wrong M'Naghten test of insanity is insufficiently fundamental to be required by Due Process. I argue that the holding is, in part, the symptom of a deep and pernicious positivism and moral cynicism that is itself a kind of "not knowing" of the difference between right and wrong.

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