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Articles 1 - 4 of 4
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Errors In Good Faith: The Leon Exception Six Years Later, David Clark Esseks
Errors In Good Faith: The Leon Exception Six Years Later, David Clark Esseks
Michigan Law Review
Given this vast literature on the good faith exception, little room appears to exist for additional commentary on the propriety of the decision, its theoretical weaknesses or strengths, or what further changes in constitutional criminal procedure it forebodes. This Note will not add to the many voices complaining of the Court's misconstrual of the grounding of the exclusionary rule, nor of its crabbed notion of deterrence. Instead, it accepts, arguendo, the propriety of the exception and its underlying purpose, and then examines the six-year experience with the revised rule. The proliferation of reported applications of the good faith exception …
Form And Function In The Administration Of Justice: The Bill Of Rights And Federal Habeas Corpus, Larry W. Yackle
Form And Function In The Administration Of Justice: The Bill Of Rights And Federal Habeas Corpus, Larry W. Yackle
University of Michigan Journal of Law Reform
Part I critiques the Report's insistence that accurate fact finding exhausts, or nearly exhausts, the objectives of criminal justice, identifies the fundamental role of the Bill of Rights in the American political order, and situates federal habeas corpus within that framework. Part II traces the Report's historical review of the federal habeas jurisdiction and critiques the Report's too-convenient reliance on selected materials that, on examination, fail to undermine conventional understandings of the writ's development as a postconviction remedy. Part III responds to the Report's complaints regarding current habeas corpus practice and refutes contentions that the habeas jurisdiction overburdens federal dockets …
A Functional Approach To "General Principles Of International Law", M. Cherif Bassiouni
A Functional Approach To "General Principles Of International Law", M. Cherif Bassiouni
Michigan Journal of International Law
"General Principles of International Law" are among the sources of national and international law' which have long been recognized and applied in disputes between States.2 They were embodied in the Statute of the Permanent Court of International Justice ["PCIJ"], article 38 (I)(3), and in the Statute of the International Court of Justice ["ICJ"], article 38 (1)(c), under the terms "general principles of law recognized by civilized nations." As discussed below, both the PCIJ and ICJ have relied on this source.
Gideon V. Wainwright A Quarter-Century Later, Yale Kamisar
Gideon V. Wainwright A Quarter-Century Later, Yale Kamisar
Articles
In a brief working paper sent to all conference participants, Professor Burt Neuborne suggested that we might consider several themes, among them "Gideon Celebrated," "Gideon Fulfilled," and "Gideon Betrayed." I think these are useful headings.