Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (276)
- Selected Works (212)
- UC Law SF (195)
- William & Mary Law School (192)
- Touro University Jacob D. Fuchsberg Law Center (128)
-
- Washington and Lee University School of Law (123)
- University of Pennsylvania Carey Law School (117)
- SelectedWorks (82)
- American University Washington College of Law (81)
- Maurer School of Law: Indiana University (79)
- Seattle University School of Law (78)
- Duke Law (76)
- UIC School of Law (76)
- Villanova University Charles Widger School of Law (70)
- The University of Akron (66)
- Pepperdine University (64)
- Fordham Law School (60)
- Vanderbilt University Law School (59)
- BLR (57)
- Georgetown University Law Center (57)
- Columbia Law School (55)
- Northwestern Pritzker School of Law (55)
- University of Maryland Francis King Carey School of Law (55)
- Florida State University College of Law (52)
- University at Buffalo School of Law (50)
- University of Richmond (49)
- Osgoode Hall Law School of York University (46)
- West Virginia University (46)
- New York Law School (44)
- University of Arkansas at Little Rock William H. Bowen School of Law (44)
- Keyword
-
- Constitutional Law (357)
- Constitutional law (252)
- Sixth Amendment (191)
- Constitution (156)
- Supreme Court (155)
-
- United States Supreme Court (139)
- Fourth Amendment (137)
- Due process (130)
- Fifth Amendment (119)
- Death penalty (118)
- Eighth Amendment (117)
- Criminal law (108)
- Right to counsel (107)
- Criminal Law and Procedure (104)
- Criminal procedure (100)
- First Amendment (93)
- Capital punishment (92)
- Police (92)
- Criminal Law (81)
- Fourteenth Amendment (73)
- Criminal justice (72)
- Civil rights (71)
- Privacy (70)
- Sentencing (70)
- Evidence (68)
- Federalism (67)
- Equal protection (66)
- Jurisprudence (63)
- Race (61)
- Punishment (57)
- Publication Year
- Publication
-
- UC Law Constitutional Quarterly (195)
- Faculty Scholarship (194)
- Michigan Law Review (137)
- Articles (115)
- Touro Law Review (101)
-
- All Faculty Scholarship (86)
- Faculty Publications (84)
- UIC Law Review (73)
- Villanova Law Review (70)
- William & Mary Bill of Rights Journal (69)
- Pepperdine Law Review (60)
- Washington and Lee Law Review (56)
- William & Mary Law Review (56)
- University of Pennsylvania Journal of Constitutional Law (55)
- ExpressO (54)
- Georgetown Law Faculty Publications and Other Works (52)
- Seattle University Law Review (52)
- Indiana Law Journal (50)
- Scholarly Works (47)
- Publications (46)
- West Virginia Law Review (45)
- Vanderbilt Law Review (39)
- Akron Law Review (36)
- Maryland Law Review (36)
- Kentucky Law Journal (35)
- University of Michigan Journal of Law Reform (35)
- Scholarly Publications (34)
- University of Richmond Law Review (34)
- American University Law Review (33)
- Northwestern University Law Review (33)
- Publication Type
Articles 31 - 60 of 3945
Full-Text Articles in Entire DC Network
Dinamika Kebijakan Ganja Dalam Politik Hukum Global Dan Indonesia, Aristo Pangaribuan
Dinamika Kebijakan Ganja Dalam Politik Hukum Global Dan Indonesia, Aristo Pangaribuan
Jurnal Hukum & Pembangunan
This article discusses legal and political issues related to marijuana in global literature and its influence in the Indonesian context. Moreover, this article also tries to predict the dynamics of the ongoing reform process related to Indonesian narcotic laws. To achieve such missions, mainly, this article summarizes the debate within marijuana literature and highlights its influence within the Indonesian context. The first part of this article discusses the legal and political dynamics of marijuana laws globally. Here, this article found that there is a paradigm shift toward marijuana use -- from a crime problem to a health problem. Subsequently, this …
A New Federalist Approach To Reducing Gun Violence: Model State Policy For Medicaid-Funded, Hospital-Based Violence Intervention Programs, Racquel Bozzelli
A New Federalist Approach To Reducing Gun Violence: Model State Policy For Medicaid-Funded, Hospital-Based Violence Intervention Programs, Racquel Bozzelli
Buffalo Law Review
No abstract provided.
Regulating Social Media Through Family Law, Katharine B. Silbaugh, Adi Caplan-Bricker
Regulating Social Media Through Family Law, Katharine B. Silbaugh, Adi Caplan-Bricker
Faculty Scholarship
Social media afflicts minors with depression, anxiety, sleeplessness, addiction, suicidality, and eating disorders. States are legislating at a breakneck pace to protect children. Courts strike down every attempt to intervene on First Amendment grounds. This Article clears a path through this stalemate by leveraging two underappreciated frameworks: the latent regulatory power of parental authority arising out of family law, and a hidden family law within First Amendment jurisprudence. These two projects yield novel insights. First, the recent cases offer a dangerous understanding of the First Amendment, one that should not survive the family law reasoning we provide. First Amendment jurisprudence …
Fourteen Going On Forty: Challenging Sex Offender Registration For Juveniles Under The Fourteenth Amendment Equal Protection Clause, Emily Baker
William & Mary Bill of Rights Journal
Part I of this Note reviews the historical background leading to the development of sex offender registration laws and examines relevant Supreme Court precedent. Part II analyzes the principles of juvenile justice, the application of juvenile sex offender registration policies, and the collateral consequences of youth sex offender registration. Part III argues that registered juvenile offenders should be considered a quasi-suspect class and thus receive intermediate scrutiny in equal protection analysis, and challenges the constitutionality of juvenile sex offender registries, particularly the South Carolina statutory scheme. Part IV examines the turning legal tide against juvenile registration through the recent Model …
Charging Abortion, Milan Markovic
Charging Abortion, Milan Markovic
Fordham Law Review
As long as Roe v. Wade remained good law, prosecutors could largely avoid the question of abortion. The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization has now placed prosecutors at the forefront of the abortion wars. Some chief prosecutors in antiabortion states have pledged to not enforce antiabortion laws, whereas others are targeting even out-of-state providers. This post-Dobbs reality, wherein the ability to obtain an abortion depends not only on the politics of one’s state but also the policies of one’s local district attorney, has received minimal scrutiny from legal scholars.
Prosecutors have broad charging discretion, …
Preempting Private Prisons, Christopher Matthew Burgess
Preempting Private Prisons, Christopher Matthew Burgess
Washington Law Review
In 2019 and 2021, respectively, California and Washington enacted laws banning the operation of private prisons within each state, including those operated by private companies in contracts with the federal government. Nevertheless, the federal government continues to contract with private prisons through Immigrations and Customs Enforcement for the detention of non-United States citizens. In 2022, the Ninth Circuit Court of Appeals held in GEO Group, Inc. v. Newsom that federal immigration law preempted California’s private prison ban.
Preemption—when federal law supersedes state law—is a doctrinal thicket. Federal courts analyze preemption issues in multiple different ways in a particular case, often …
Willfully Forgetting Miranda's True Nature: Vega V. Tekoh Severs The Warnings Requirement From The Constitution, George M. Dery Iii
Willfully Forgetting Miranda's True Nature: Vega V. Tekoh Severs The Warnings Requirement From The Constitution, George M. Dery Iii
Marquette Law Review
This Article analyzes Vega v. Tekoh, in which the Supreme Court ruled that
a violation of Miranda was not a violation of the Fifth Amendment privilege
against self-incrimination. This Article examines the original language of the
Miranda opinion, the statements and intentions of the members of the Miranda
Court, and subsequent precedent to determine Miranda’s true nature. Further,
this Article examines the reasoning of Vega and the dangers created by its
pronouncements, especially in light of the Court’s earlier characterization of
Miranda as a constitutional rule in Dickerson v. United States. This Article
asserts that the Justices who …
Charging Abortion, Milan Markovic
Charging Abortion, Milan Markovic
Faculty Scholarship
As long as Roe v. Wade remained good law, prosecutors could largely avoid the question of abortion. The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization has now placed prosecutors at the forefront of the abortion wars. Some chief prosecutors in antiabortion states have pledged to not enforce antiabortion laws, whereas others are targeting even out-of-state providers. This post-Dobbs reality, wherein the ability to obtain an abortion depends not only on the politics of one’s state but also the policies of one’s local district attorney, has received minimal scrutiny from legal scholars.
Prosecutors have broad charging discretion, …
Who Let The Ghouls Out? The History And Tradition Test’S Embrace Of Neutrality And Pluralism In Establishment Cases, Jake S. Neill
Who Let The Ghouls Out? The History And Tradition Test’S Embrace Of Neutrality And Pluralism In Establishment Cases, Jake S. Neill
Pepperdine Law Review
In June of 2022, the Supreme Court decided in Kennedy v. Bremerton School District that an Establishment Clause inquiry “focused on original meaning and history” would replace Lemon’s endorsement test. But after announcing the test, the Court neglected to describe or apply it. This Comment attempts to fill that void. After analyzing the Court’s Establishment Clause jurisprudence, this Comment proposes tenets of the history and tradition test and applies those tenets to Allegheny County v. ACLU, a case decided under Lemon. Finally, this Comment concludes by arguing that the history and tradition inquiry supports pluralism, humility, tolerance, and a healthy …
Full Faith And Credit In The Post-Roe Era, Celia P. Janes
Full Faith And Credit In The Post-Roe Era, Celia P. Janes
Duke Journal of Constitutional Law & Public Policy Sidebar
In 2022, the Supreme Court overturned Roe v. Wade, once again leaving the question of whether abortion should be legal to individual state legislatures. This decision allowed the Texas law known as S.B. 8, alternatively known as the Texas Heartbeat Act, to go into effect. The law allows private individuals to sue anyone who has performed or has aided and abetted the performance or inducement of an abortion in Texas. California responded to this law with Assembly Bill 2091, which prevents California state courts from issuing subpoenas arising under S.B. 8 and similar laws in other states. This Note addresses …
How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, Mary R. Rose, Marc A. Musick
How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, Mary R. Rose, Marc A. Musick
Chicago-Kent Law Review
No abstract provided.
Judges, Lawyers, And Willing Jurors: A Tale Of Two Jury Selections, Barbara O'Brien, Catherine M. Grosso
Judges, Lawyers, And Willing Jurors: A Tale Of Two Jury Selections, Barbara O'Brien, Catherine M. Grosso
Chicago-Kent Law Review
No abstract provided.
Race, Peremptory Challenges, And State Courts: A Blueprint For Change, Nancy S. Marder
Race, Peremptory Challenges, And State Courts: A Blueprint For Change, Nancy S. Marder
Chicago-Kent Law Review
No abstract provided.
Lay Participation Reform In China: Opportunities And Challenges, Zhiyuan Guo
Lay Participation Reform In China: Opportunities And Challenges, Zhiyuan Guo
Chicago-Kent Law Review
No abstract provided.
The Hybridization Of Lay Courts: From Colombia To England And Wales, Jeremy Boulanger-Bonnelly
The Hybridization Of Lay Courts: From Colombia To England And Wales, Jeremy Boulanger-Bonnelly
Chicago-Kent Law Review
No abstract provided.
Beacons Of Democracy? A Worldwide Exploration Of The Relationship Between Democracy And Lay Participation In Criminal Cases, Sanja K. Ivkovic, Valarie P. Hans
Beacons Of Democracy? A Worldwide Exploration Of The Relationship Between Democracy And Lay Participation In Criminal Cases, Sanja K. Ivkovic, Valarie P. Hans
Chicago-Kent Law Review
No abstract provided.
Virtual Technology And The Changing Rituals Of Courtroom Justice, Meredith Rossner, David Tait
Virtual Technology And The Changing Rituals Of Courtroom Justice, Meredith Rossner, David Tait
Chicago-Kent Law Review
No abstract provided.
"The Key-Stone To The Arch": Unlocking Section 13'S Original Meaning, Kevin Bendesky
"The Key-Stone To The Arch": Unlocking Section 13'S Original Meaning, Kevin Bendesky
University of Pennsylvania Journal of Constitutional Law
The Supreme Court of Pennsylvania holds that Section 13 of the State’s constitution, which prohibits all “cruel punishments,” is coextensive with the Eighth Amendment, which prohibits only punishments that are both “cruel and unusual.” Rather than analyze the state provision independently, the court defers to the U.S. Supreme Court’s interpretation of the Eighth Amendment. This, says the court, is because Pennsylvania history does not provide evidence that the Commonwealth’s prohibition differs from the federal one. And without that historical basis, the court believes it is bound by federal precedent. This is mistaken.
History reveals that Pennsylvanians had a distinct, original …
The Federal War On Guns: A Story In Four-And-A-Half Acts, Brandon E. Beck
The Federal War On Guns: A Story In Four-And-A-Half Acts, Brandon E. Beck
University of Pennsylvania Journal of Constitutional Law
“History is a jangle of accidents, blunders, surprises and absurdities, and so is our knowledge of it, but if we are to report it at all we must impose some order upon it.”
Beginning in the early 1990s, the Executive Branch took a novel approach to the enforcement of federal firearms offenses. It replaced traditional notions of restraint with a newfound willingness to exercise its power broadly, leading to a sharp increase in the number of federal firearms offenders that continues today. A recent development, however, threatens to dismantle the core of the federal firearms scheme. Decided in 2022, the …
Expanding Equality, Terry Skolnik
Expanding Equality, Terry Skolnik
Dalhousie Law Journal
Section 15 of the Canadian Charter provides a constitutional right to equality. But the Supreme Court of Canada has interpreted this right restrictively. Today, the Constitution fails to protect certain individuals and groups against obvious forms of direct and indirect discrimination. This article argues that s. 15 of the Charter is interpreted narrowly in three respects and advances proposals to expand the right to equality. First, the right to equality framework fails to protect marginalized persons and groups against direct discrimination. Second, courts overlook how individuals can suffer discrimination based on quasi-immutable traits, which are personal characteristics that are relatively …
If Black Lives Really Matter, We Must End Traffic Stops!, Kenneth Williams
If Black Lives Really Matter, We Must End Traffic Stops!, Kenneth Williams
William & Mary Journal of Race, Gender, and Social Justice
This Article will argue that African Americans will continue to be fatally shot and killed by police disproportionately and in many cases unjustifiably as long as police are allowed to stop motorists for minor non-violent traffic infractions. These stops do little to combat crime and are not worth the lives they upend and the continued unconstitutional racial discrimination that motivates many of these stops. Although the standards for police use of force need to be reformed and police culture has to be changed, the other reform that is imperative in order to significantly reduce the disproportionate fatal police shootings of …
The Second Founding And Self-Incrimination, William M. Carter Jr.
The Second Founding And Self-Incrimination, William M. Carter Jr.
Northwestern University Law Review
The privilege against self-incrimination is one of the most fundamental constitutional rights. Protection against coerced or involuntary self-incrimination safeguards individual dignity and autonomy, preserves the nature of our adversary system of justice, helps to deter abusive police practices, and enhances the likelihood that confessions will be truthful and reliable. Rooted in the common law, the privilege against self-incrimination is guaranteed by the Fifth Amendment’s Self-Incrimination and Due Process Clauses. Although the Supreme Court’s self-incrimination cases have examined the privilege’s historical roots in British and early American common law, the Court’s jurisprudence has overlooked an important source of historical evidence: the …
Sentence Served And No Place To Go: An Eighth Amendment Analysis Of "Dead Time" Incarceration, Christopher B. Scheren
Sentence Served And No Place To Go: An Eighth Amendment Analysis Of "Dead Time" Incarceration, Christopher B. Scheren
Northwestern University Law Review
Although the state typically releases incarcerated people to reintegrate into society after completing their terms, indigent people convicted of sex offenses in Illinois and New York have been forced to remain behind bars for months, or even years, past their scheduled release dates. A wide range of residency restrictions limit the ability of people convicted of sex offenses to live near schools and other public areas. Few addresses are available for them, especially in high-density cities such as Chicago or New York City, where schools and other public locations are especially difficult to avoid. At the intersection of sex offenses …
When Fines Don't Go Far Enough: The Failure Of Prison Settlements And Proposals For More Effective Enforcement Methods, Tori Collins
When Fines Don't Go Far Enough: The Failure Of Prison Settlements And Proposals For More Effective Enforcement Methods, Tori Collins
Maine Law Review
The Eighth Amendment’s Punishments Clause provides the basis on which prisoners may bring suit alleging unconstitutional conditions of confinement. Only a small number of these suits are successful. The suits that do survive typically end in a settlement in which prison authorities agree to address the unconstitutional conditions. However, settlements such as these are easily flouted for two primary reasons: prison authorities are not personally held liable when settlements are broken, and prisoners largely lack the political and practical leverage to self-advocate beyond the courtroom. Because of this, unconstitutional prison conditions may linger for years after prison authorities have agreed …
The Purpose And Practice Of Precedent: What The Decade Long Debate Over Stare Decisis Teaches Us About The New Roberts Court, Russell A. Miller
The Purpose And Practice Of Precedent: What The Decade Long Debate Over Stare Decisis Teaches Us About The New Roberts Court, Russell A. Miller
UC Law Constitutional Quarterly
The Supreme Court’s tectonic decision in Dobbs v. Jackson Women’s Health upended the Doctrine of Substantive Due Process by radically reinterpreting the doctrine of stare decisis. The Court’s established practice regarding stare decisis should have operated to preserve the fifty-year-old abortion jurisprudence. But we should have seen this change coming. Although there has been an intense and involved debate over the purpose and practice of precedent for generations, that debate shifted at the beginning of 2018. Four approaches to stare decisis emerged along a continuum, from complete abandonment of the doctrine and incremental erosion to modernized adherence to precedent. This …
Editor-In-Chief’S Forward, Zoë Grimaldi
Editor-In-Chief’S Forward, Zoë Grimaldi
UC Law Constitutional Quarterly
No abstract provided.
Politicians The Founders Warned You About, Neil Fulton
Politicians The Founders Warned You About, Neil Fulton
UC Law Constitutional Quarterly
Many articles have explored the Founders’ intentions regarding the constitutional text. Much less attention has focused on the Founders’ ideas regarding the traits needed of the leaders in a constitutional republic. The Constitution focuses on governing structures, many of which relate to the electoral process. The Constitution does not spell out the ideal traits of the leaders elected pursuant to those processes. Nonetheless, the Founders possessed clear views about the virtues and qualifications that ideal political leaders required. Indeed, the Founders issued warnings about certain archetypal political figures who, because of their flagrant disregard of the ideal virtues and qualifications, …
Getting Off Off-Duty: The Impact Of Dobbs On Police Officers’ Private Sexual Lives, Joshua Arrayales
Getting Off Off-Duty: The Impact Of Dobbs On Police Officers’ Private Sexual Lives, Joshua Arrayales
UC Law Constitutional Quarterly
Upon its leak and subsequent official release, the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization shocked and worried the nation. Overnight, the Court overturned forty-nine years of precedent. Those forty-nine years of overturned precedent not only implicate the ability to obtain abortion, but also the ability to engage in relationships, marry, make decisions about our own body, and keep our personal lives private. As a result, many advocates worry about the status of fundamental rights since many of those rights relied on the now overturned cases Roe v. Wade and Planned Parenthood v. Casey as well as …
The Inadmissibility Of Victim Impact Evidence, Fernanda Gonzalez
The Inadmissibility Of Victim Impact Evidence, Fernanda Gonzalez
UC Law Constitutional Quarterly
Currently, 41% of inmates on death row in the United States are Black, even though Black people make up only 13.6% of the total population in the country. Additionally, the data has repeatedly shown that states that do not have the death penalty have lower murder rates than states that do. Despite these disparities, more than half of states in the United States continue to allow capital punishment in some form as an alternative to a life sentence. These disparities were further exacerbated by the Supreme Court’s decision in Payne v. Tennessee, which allowed prosecutors to introduce victim impact evidence …
Equal Protection Against Policing, Evan Bernick
Equal Protection Against Policing, Evan Bernick
University of Pennsylvania Journal of Constitutional Law
No abstract provided.