Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Entire DC Network
Public Debt In The United States And Germany: A Constitutional Perspective, Stephen Utz
Public Debt In The United States And Germany: A Constitutional Perspective, Stephen Utz
Faculty Articles and Papers
No abstract provided.
Due Process And The Future Of Class Actions, Alexandra Lahav
Due Process And The Future Of Class Actions, Alexandra Lahav
Faculty Articles and Papers
No abstract provided.
A Modest Defense Of Mind Reading, Kiel Brennan-Marquez
A Modest Defense Of Mind Reading, Kiel Brennan-Marquez
Faculty Articles and Papers
The last decade has witnessed a profusion of commentary on "mind-reading" devices. Instead of offering traditional legal arguments against such devices, most scholars have simply assumed their use to be unconstitutional. The consensus is clear: by essentially "speaking for" defendants, mind-reading devices offend the basic spirit of the Self-Incrimination Clause. In this Article, I defend the constitutionality of mind-reading on both doctrinal and normative grounds. First, I reconstruct the Court's self-incrimination jurisprudence to demonstrate that evidence is only "testimonial" and thus, privileged if it involves a "communicative act" from the suspect. Whether or not particular types of mind-reading devices would …