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Choosing Federal Judges In The Second Clinton Administration, Carl Tobias
Choosing Federal Judges In The Second Clinton Administration, Carl Tobias
UC Law Constitutional Quarterly
One of the critical responsibilities which the Constitution entrusts to the President of the United States is the appointment of federal judges. The Chief Executive nominates, and with the advice and consent of the Senate, appoints these officials who enjoy life tenure and must resolve disputes which implicate the basic freedoms of America's inhabitants. President Clinton's careful discharge of this crucial duty may well have yielded the foremost success of his first term in office.
When Governor Clinton was campaigning for the presidency in 1992, he promised to name as judges women and men who would be very intelligent, possess …
Private Financing Of Criminal Prosectuions And The Differing Protections Of Liberty And Equality In The Criminal Justice System, Joseph E. Kennedy
Private Financing Of Criminal Prosectuions And The Differing Protections Of Liberty And Equality In The Criminal Justice System, Joseph E. Kennedy
UC Law Constitutional Quarterly
Government prosecutors have begun accepting, and in some cases soliciting, voluntary contributions from the private sector in order to finance certain types of criminal prosecutions. Such private financing introduces a new tension between society's interest in punishing the guilty and society's interest in equal treatment by government. Private financing of criminal prosecution also raises interesting questions as to whether institutions, as opposed to individuals, can be biased by money.
This Article concludes that private financing in any of its likely forms threatens important equality interests. Part I argues that conflict-of-interest rules provide the only protection for important equality interests implicated …
Mixed Questions And The Scope Of Federal Habeas Review: Consideration Of Miranda Claims In Thompson V. Keohane, Rachel Meyers
Mixed Questions And The Scope Of Federal Habeas Review: Consideration Of Miranda Claims In Thompson V. Keohane, Rachel Meyers
UC Law Constitutional Quarterly
Federal habeas corpus review has a long historical tradition, at common law and in the United States. Over time, federal habeas review has expanded to its modern dimensions, which permit lower federal courts to overturn decisions of the states' highest courts. When federal courts review claims raised by state prisoners, the mandate to protect individual constitutional rights competes with other fundamental constitutional values: the promotion of federalism, in the form of respect for state court judgments, finality and fairness.
This Comment analyzes a federal habeas claim of a Miranda violation, a claim which has traditionally been deemed a "mixed question" …