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Constitutional Law

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Faculty Articles and Papers

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2013

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Public Debt In The United States And Germany: A Constitutional Perspective, Stephen Utz Oct 2013

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 Jan 2013

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 Jan 2013

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 …