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Articles 1 - 27 of 27
Full-Text Articles in Entire DC Network
Righteous Shooting, Unreasonable Seizure? The Relevance Of An Officer's Pre-Seizure Conduct In An Excessive Force Claim, Aaron Kimber
Righteous Shooting, Unreasonable Seizure? The Relevance Of An Officer's Pre-Seizure Conduct In An Excessive Force Claim, Aaron Kimber
William & Mary Bill of Rights Journal
No abstract provided.
"The House Was Quiet And The World Was Calm The Reader Became The Book", Burt Neuborne
"The House Was Quiet And The World Was Calm The Reader Became The Book", Burt Neuborne
Vanderbilt Law Review
Professor Neuborne argues that we err in reading the Bill of Rights "in splendid isolation" as a randomly ordered set of clause-bound norms. Instead, he argues that the disciplined order and placement of the thirty-three ideas in the Bill of Rights, especially the six textual ideas united in the First Amendment, reveals a deep contextual structure imposed by the Founders that sheds important light on the meaning of the constitutional text. He argues that the "vertical" order of the first ten amendments, as well as the "horizontal" order of ideas within each amendment, provides important clues to a judge seeking …
The Forgotten Constitutional Right To Present A Defense And Its Impact On The Acceptance Of Responsibility-Entrapment Debate, Katrice L. Bridges
The Forgotten Constitutional Right To Present A Defense And Its Impact On The Acceptance Of Responsibility-Entrapment Debate, Katrice L. Bridges
Michigan Law Review
This Note argues that Section 3El.1 of the Federal Sentencing Guidelines must be interpreted to allow defendants who claim entrapment at trial to remain eligible for the acceptance-of-responsibility adjustment. To interpret Section 3El.1 in any other way would run afoul of defendants' constitutional right to present a defense. Part I argues that the entrapment defense does not put factual guilt at issue; instead the entrapment defense challenges whether the statute should apply to the defendant's conduct. Part II contends that the legislative intent in creating the sentencing guidelines in general and the acceptance-of-responsibility adjustment in particular are furthered by requiring …
An Examination And Analylsis Of The Equity And Adequacy Concepts Of Constitutional Challenges To State Education Finance Distribution Formulas, R. Craig Wood, Bruce D. Baker
An Examination And Analylsis Of The Equity And Adequacy Concepts Of Constitutional Challenges To State Education Finance Distribution Formulas, R. Craig Wood, Bruce D. Baker
University of Arkansas at Little Rock Law Review
No abstract provided.
Structuring Sentencing: Apprendi, The Offense Of Conviction, And The Limited Role Of Constitutional Law, Benjamin J. Priester
Structuring Sentencing: Apprendi, The Offense Of Conviction, And The Limited Role Of Constitutional Law, Benjamin J. Priester
Indiana Law Journal
No abstract provided.
Jurisprudence: Due Process Concerns For The Underrepresented Domestic Violence Victim, Rebecca Fialk, Tamara Mitchel
Jurisprudence: Due Process Concerns For The Underrepresented Domestic Violence Victim, Rebecca Fialk, Tamara Mitchel
Buffalo Women's Law Journal
No abstract provided.
Reconsidering The Constitutionality Of Federal Sentencing Guidelines After Blakely: A Former Commissioner's Perspective, Michael Goldsmith
Reconsidering The Constitutionality Of Federal Sentencing Guidelines After Blakely: A Former Commissioner's Perspective, Michael Goldsmith
BYU Law Review
No abstract provided.
The Constitutional Floor Doctrine And The Right To A Speedy Trial, Darren Allen
The Constitutional Floor Doctrine And The Right To A Speedy Trial, Darren Allen
Campbell Law Review
This article will begin with a quick description of the historical origins of the speedy trial right and the events marking its quiet evolution into a hallmark of our criminal justice system. It will then move into a discussion of the decisions articulating principles of new federalism which require that state courts defer to the federal interpretations of fundamental rights, before discussing of the controlling Supreme Court cases fashioning the test by which violations of the right are measured. Next, this article will showcase the critical differences between Spivey and Barker to demonstrate why North Carolina's speedy trial test intrudes …
Human Agency, Negated Subjectivity, And White Structural Oppression: An Analysis Of Critical Race Practive/Praxis, Reginald Leamon Robinson
Human Agency, Negated Subjectivity, And White Structural Oppression: An Analysis Of Critical Race Practive/Praxis, Reginald Leamon Robinson
American University Law Review
No abstract provided.
Re-Balancing State And Federal Power: Toward A Political Principle Of Subsidiarity In The United States, Jared Bayer
Re-Balancing State And Federal Power: Toward A Political Principle Of Subsidiarity In The United States, Jared Bayer
American University Law Review
No abstract provided.
Endorsing Religion: Drug Courts And The 12-Step Recovery Support Program, Emily M. Gallas
Endorsing Religion: Drug Courts And The 12-Step Recovery Support Program, Emily M. Gallas
American University Law Review
No abstract provided.
The Futile Quest For Racial Neutrality In Capital Selection And The Eight Amendment Argument For Abolition Based On Unconscious Racial Discrimination, Scott W. Howe
William & Mary Law Review
No abstract provided.
Unraveling Ring V. Arizona: Balancing Judicial Sentencing Enhancements With The Sixth Amendment In Capital Punishment Schemes, Daren S. Koudele
Unraveling Ring V. Arizona: Balancing Judicial Sentencing Enhancements With The Sixth Amendment In Capital Punishment Schemes, Daren S. Koudele
West Virginia Law Review
No abstract provided.
Does History Defeat Standing Doctrine?, Ann Woolhandler, Caleb Nelson
Does History Defeat Standing Doctrine?, Ann Woolhandler, Caleb Nelson
Michigan Law Review
According to the Supreme Court, the Federal Constitution limits not only the types of matters that federal courts can adjudicate, but also the parties who can bring those matters before them. In particular, the Court has held that private citizens who have suffered no concrete private injury lack standing to ask federal courts to redress diffuse harms to the public at large. When such harms are justiciable at all, the proper party plaintiff is the public itself, represented by an authorized officer of the government. Although the Court claims historical support for these ideas, academic critics insist that the law …
Gun Rights And The Constitutional Significance Of Violent Crime, Jonathan Simon
Gun Rights And The Constitutional Significance Of Violent Crime, Jonathan Simon
William & Mary Bill of Rights Journal
No abstract provided.
"Democratic Despotism" And Constitutional Constraint: An Empirical Analysis Of Ex Post Factor Claims In State Courts, Wayne A. Logan
"Democratic Despotism" And Constitutional Constraint: An Empirical Analysis Of Ex Post Factor Claims In State Courts, Wayne A. Logan
William & Mary Bill of Rights Journal
This Article explores the history of the Ex Post Facto Clause, including the Supreme Court's seminal 1798 decision in Calder v. Bull, and analyzes the results of a survey of ex post facto claims decided in state courts from 1992-2002, the first study to catalog the types of claims generated among the states, and the institutional response of state courts to them. The author provides an overview of the claims resolved in state courts, examining the nature of the laws challenged, how the challenges fared, and the rationales used by courts in their dispositions. Discussion focuses on two abiding sources …
Resorting To External Norms And Principles In Constitutional Decision-Making, Alvin L. Goldman
Resorting To External Norms And Principles In Constitutional Decision-Making, Alvin L. Goldman
Kentucky Law Journal
No abstract provided.
Exorcizing Wechsler's Ghost: The Influence Of The Model Penal Code On Death Penalty Sentencing Jurisprudence, Russell Dean Covey
Exorcizing Wechsler's Ghost: The Influence Of The Model Penal Code On Death Penalty Sentencing Jurisprudence, Russell Dean Covey
UC Law Constitutional Quarterly
The constitutional law of capital sentencing currently is torn between its past and its future, its inheritance of a utilitarian, offender-based, sentencing theory and the powerful contemporary resurgence of retributivism as the dominant justification for criminal punishment. The basic procedural and jurisprudential structures all originated as the offspring of an explicitly nonretributive penal theory crafted in large part by Herbert Wechsler and codified in the Model Penal Code. To bring death penalty procedure more in line with contemporary understandings of the death penalty's theoretical and moral justification, the ghost of Herbert Wechsler must be exorcized from the constitutional law of …
Houses Built On Sant: Police Expert Testimony In California Gang Prosecutions; Did Gardeley Go Too Far, Patrick Mark Mahoney
Houses Built On Sant: Police Expert Testimony In California Gang Prosecutions; Did Gardeley Go Too Far, Patrick Mark Mahoney
UC Law Constitutional Quarterly
In 1998, faced with a gang-violence epidemic, California passed the Street Terrorism Enforcement and Prevention Act ("STEP"), becoming the first state to enact a law specifically targeting criminal street gangs. Through STEP, California courts began to gradually expand the scope of evidence admissible to prove gang membership and to loosen restrictions on expert testimony regarding gang behavior. This trend culminated in People v. Gardeley, in which the California Supreme Court upheld an extremely broad view of permissible uses of expert testimony. This note argues that not only did Gardeley goes too far, but also that in its Gardeley decision the …
Remaining Silent: A Right With Consequences, 38 J. Marshall L. Rev. 649 (2004), Jeffrey D. Waltuck
Remaining Silent: A Right With Consequences, 38 J. Marshall L. Rev. 649 (2004), Jeffrey D. Waltuck
UIC Law Review
No abstract provided.
The New Judicial Federalism In Ohio: The First Decade , Robert F. Williams
The New Judicial Federalism In Ohio: The First Decade , Robert F. Williams
Cleveland State Law Review
There are a number of tentative conclusions that may be reached based on this selective analysis of the Ohio Supreme Court's first decade of experience with the New Judicial Federalism. First, the court is to be commended for taking the first steps toward recognizing the Ohio Constitution as a document of independent political and legal force. The Arnold decision, together with the others discussed in this article, serve to alert the lower bench, the bar, the media, and students and professors to the potential contained within state constitutions. Next, to the extent that there is inconsistency to be detected in …
State Constitutional Law, New Judicial Federalism, And The Rehnquist Court , Shirley S. Abrahamson
State Constitutional Law, New Judicial Federalism, And The Rehnquist Court , Shirley S. Abrahamson
Cleveland State Law Review
Today, I believe, we find ourselves at an interesting crossroads. Over the past few decades, under the banner of new judicial federalism, many state courts have asserted a role for state constitutions in the protection of individual liberties and the resolution of legal disputes. This outburst of state constitutional fervor, however, has been met with great criticism from different camps, all believing that the uniformity provided by our federal constitution as interpreted by the U.S. Supreme Court should guide state court decisions and especially state constitutional interpretation. At the same time, the very ability of state courts to decide state …
The Constitutionality Of School Corporal Punishment Of Children As A Betrayal Of Brown V. Board Of Education, Susan H. Bitensky
The Constitutionality Of School Corporal Punishment Of Children As A Betrayal Of Brown V. Board Of Education, Susan H. Bitensky
Loyola University Chicago Law Journal
No abstract provided.
Racial Profiling Of African-American Males: Stopped, Searched, And Stripped Of Constitutional Protection, 38 J. Marshall L. Rev. 439 (2004), Floyd D. Weatherspoon
Racial Profiling Of African-American Males: Stopped, Searched, And Stripped Of Constitutional Protection, 38 J. Marshall L. Rev. 439 (2004), Floyd D. Weatherspoon
UIC Law Review
No abstract provided.
Stories About Miranda, George C. Thomas Iii
Stories About Miranda, George C. Thomas Iii
Michigan Law Review
It is no exaggeration to say that Yale Kamisar was present at the creation of Miranda v. Arizona. To be sure, the seeds of Miranda had been sown in earlier cases, particularly Escobedo v. Illinois, but Escobedo was a Sixth Amendment right to counsel case. Professor Kamisar first saw the potential for extending the theory of Escob edo to the Fifth Amendment right against compelled self-incrimination. Escob edo theorized that a healthy criminal justice system requires that the accused know their rights and are encouraged to exercise them. The Escobedo Court read history to teach that no system …
Publications By Professor Yale Kamisar, Michigan Law Review
Publications By Professor Yale Kamisar, Michigan Law Review
Michigan Law Review
A bibliography of publications by Yale Kamisar.
Tribute To Yale Kamisar, Ruth Bader Ginsburg
Tribute To Yale Kamisar, Ruth Bader Ginsburg
Michigan Law Review
When the editors of this issue told me of Professor Yale Kamisar's decision to retire from full-time teaching after a near half century of law faculty service, two thoughts came immediately to mind. First, I thought of the large loss to Michigan students unable to attend his classes and to faculty colleagues at Ann Arbor unable routinely to engage his bright mind. Second, I thought it altogether right for the Michigan Law Review to publish an issue honoring one of the Law School's most prized professors. When invited to write a tribute, I could not resist saying yes.