Digital Commons Network^™

Second Class Citizen Soldiers: A Proposal For Greater First Amendment Protections For America's Military Personnel, Emily Reuter

William & Mary Bill of Rights Journal

No abstract provided.

Responsible Freedom Under The Religion Clauses: Exemptions, Legal Pluralism, And The Common Good, Angela C. Carmella

West Virginia Law Review

No abstract provided.

Why Student Religious Speech Is Speech, John E. Taylor

West Virginia Law Review

No abstract provided.

Cruelty To The Mentally Ill: An Eighth Amendment Challenge To The Abolition Of The Insanity Defense, Stephen M. Leblanc

American University Law Review

This Comment addresses the present gap in insanity-defense laws

created by the defense’s abolition and offers an Eighth Amendment

based remedy. Part I reviews the history and evolution of the insanity

defense in Anglo-American law. It then describes how four states

have statutorily abolished the defense. It concludes with a discussion

of Clark v. Arizona, the Court’s most recent decision on the

constitutionality of the insanity defense. Part II turns to the Eighth

Amendment, examining its historical understanding and the

contemporary evolving-standards-of-decency analysis, through which

the Court assesses the constitutionality of modern-day punishments.

Part II concludes with a discussion of …

Standing Alone: Conformity, Coercion, And The Protection Of The Holdout Juror, Jason D. Reichelt

University of Michigan Journal of Law Reform

The holdout juror in felony criminal trials is a product of the near-universal decision rule in federal and state courts of a unanimous verdict. In recent years, courts have increasingly inquired into a jury's deliberations when a holdout juror has been identified amid allegations of misconduct. This Article helps bridge the considerable gap between cognitive psychology and legal scholarship, analyzing the thought processes of the holdout juror through the application of empirical evidence and psychological modeling, to conclude that the improved protection of the holdout juror is a necessary and critical component to the preservation of a defendant's right to …

The Meaning Of Life (Or Limb): An Originalist Proposal For Double Jeopardy Reform, Justin W. Curtin

University of Richmond Law Review

No abstract provided.

A Sign-Post Without Any Sense Of Direction: The Supreme Court's Dance Around The Inevitable Discovery Doctrine And The Exclusionary Rule In Hudson V. Michigan, David A. Stuart

Pace Law Review

No abstract provided.

The Difficult Task Of Model Rule Of Professional Conduct 3.6: Balancing The Free Speech Rights Of Lawyers, The Sixth Amendment Rights Of Criminal Defendants, And Society's Right To The Fair Administration Of Justice, Mattei Radu

Campbell Law Review

This article will begin with a review of trial publicity rules from the earliest efforts to curb harmful statements of lawyers during trials to the promulgation of Model Rule 3.6 in 1983 by the American Bar Association. It will then examine Gentile, the main Supreme Court case in this area. The article will next consider the 1994 and 2002 amendments to Model Rule 3.6, which were inspired in part by the Court's ruling in Gentile. It will also look specifically at the trial publicity situation in North Carolina, where Durham District Attorney Michael B. Nifong has been charged with violating …

The Charter 25 Years Later: The Good, The Bad, And The Challenges, Beverley Mclachlin

Osgoode Hall Law Journal

This year, as we celebrate the 25th anniversary of the adoption of the Charter, journals and newspapers are replete with evaluations. Some are positive, some less so. Some are downright critical. Today, I would like to offer my reflections on the good news and the bad news about the Charter,a quarter-century on.

Not Just "Every Man": Revisiting The Journalist's Privilege Against Compelled Disclosure Of Confidential Sources, Jaime M. Porter

Indiana Law Journal

No abstract provided.

Silenced Citizens: The Post-Garcetti Landscape For Public Sector Employees Working In National Security, Jamie Sasser

University of Richmond Law Review

No abstract provided.

Dwi And Drugs: A Look At Per Se Laws For Marijuana, Charles R. Cordova, Jr.

Nevada Law Journal

No abstract provided.

Electing One Of Our Own: The Importance Of Black Communities In The Context Of Local Government , Royce Brooks

The Modern American

No abstract provided.

Separate And Unequal: Federal Tough-On-Guns Program Targets Minority Communities For Selective Enforcement, Bonita R. Gardner

Michigan Journal of Race and Law

This Article examines the Project Safe Neighborhoods program and considers whether its disproportionate application in urban, majority- African American cities (large and small) violates the guarantee of equal protection under the law. This Article will start with a description of the program and how it operates-the limited application to street-level criminal activity in predominately African American communities. Based on preliminary data showing that Project Safe Neighborhoods disproportionately impacts African Americans, the Article turns to an analysis of the applicable law. Most courts have analyzed Project Safe Neighborhoods' race-based challenges under selective prosecution case law, which requires a showing by the …

United States Implementation Of The International Criminal Court: Toward The Federalism Of Free Nations, Lauren Fielder Redman

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Sharpening The Dialogue Debate: The Next Decade Of Scholarship, Kent Roach

Osgoode Hall Law Journal

The first part of this commentary examines the roles of coordinate construction in which legislatures act on their own interpretation of the constitution, second look cases in which the courts judge the constitutionality of a legislative reply to a judicial decision, and various constitutional remedies. The second part examines some differences in emphasis between the author's approach to dialogue and that taken by Hogg and his co-authors with respect to the justification of the judicial role in the dialogue, the relation between Charter dialogue and common law constitutionalism, and the proper interpretive approach to section 7 of the Charter. Three …

The Constitution Is The Social Contract So It Must Be A Contract ... Right? A Critique Of Originalism As Interpretive Method, Paul Lermack

William Mitchell Law Review

No abstract provided.

Falling To Pieces: New York State Civil Legal Remedies Available To Lesbian, Gay, Bisexual, And Transgender Survivors Of Domestic Violence, Sharon Stapel

NYLS Law Review

No abstract provided.

Double Jeopardy Law And The Separation Of Powers, Alex Tsiatsos

West Virginia Law Review

No abstract provided.

The Day The Dialogue Died: A Comment On Sauve V. Canada, Christopher P. Manfredi

Osgoode Hall Law Journal

In Sauvé v. Canada (2002) a sharply divided Supreme Court of Canada nullified the inmate disenfranchisement provision of the Canada Elections Act. One of the more important aspects of the majority decision by Chief Justice McLachlin is her refusal to let the concept of dialogue take her down the path of judicial deference. This commentary examines the chief justice's reasons for not taking this path and explores how these reasons reveal the limitations of the dialogue metaphor as originally articulated by Peter Hogg and Allison Bushell. The commentary concludes that any meaningful concept of legislative-judicial dialogue must recognize a coordinate …

Taking The "Banks" Out Of Banks V. Gonzales: Dna Databanks And The Fourth Amendment Prohibition On Unreasonable Searches And Seizures, Heather Bennett

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Human Zoning: The Constitutionality Of Sex-Offender Residency Restrictions As Applied To Post-Conviction Offenders, Ryan Hawkins

The University of New Hampshire Law Review

[H]igh recidivism rates shows that the threat of jail time alone is not sufficient to curb sex crimes. With this in mind, legislators sought to find other ways that would protect potential victims. Community notification laws were the first policy to be implemented. Community notification methods included press releases, flyers, phone calls, door-to-door contact, neighborhood meetings, and Internet sites, which informed citizens of the name, location, and/or other information of persons who had been convicted of sex crimes.

Part II of this note will describe current sex-offender restrictions in place across the country. Part III will provide a constitutional analysis …

Misplaced Angst: Another Look At Consent-Search Jurisprudence, Daniel R. Williams

Indiana Law Journal

No abstract provided.