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Articles 1 - 30 of 60
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.
Not So Landmark After All? Lawrence V. Texas: Classical Liberalism And Due Process Jurisprudence, Davin J. Hall
Not So Landmark After All? Lawrence V. Texas: Classical Liberalism And Due Process Jurisprudence, Davin J. Hall
William & Mary Bill of Rights Journal
No abstract provided.
Hess V. Indiana Revisited: A Panel Discussion With Case Participants (Video), Ralph F. Gaebler, Richard Vaughan
Hess V. Indiana Revisited: A Panel Discussion With Case Participants (Video), Ralph F. Gaebler, Richard Vaughan
Maurer Law Events
On November 19th, 2004, a panel discussion was held in the Moot Court Room of the Indiana University-Bloomington School of Law. The topic of the discussion was the landmark United States Supreme Court case, Hess v. Indiana. The case is particularly relevant to the law school because two members of the faculty (Tom Schornhorst and Pat Baude) served as lawyers to the defendant Greg Hess. Additionally, the protest and arrest took place half a block from the law school in front of the University's administration building (Bryan Hall) in 1970.
Joining Professors Schornhorst and Baude on the panel are three …
Beyond Gay Rights: Lawrence V. Texas And The Promise Of Liberty, Philip Chapman
Beyond Gay Rights: Lawrence V. Texas And The Promise Of Liberty, Philip Chapman
William & Mary Bill of Rights Journal
No abstract provided.
Turning The Page On Section 5: The Implication Of Multiracial Coalition Districts On Section 5 Of The Voting Rights Act, Daniel A. Zibel
Turning The Page On Section 5: The Implication Of Multiracial Coalition Districts On Section 5 Of The Voting Rights Act, Daniel A. Zibel
Michigan Law Review
This Note analyzes the use of coalition districts in light of current section 5 and equal protection jurisprudence and argues that, in some circumstances, the Equal Protection Clause compels the use of coalition districts to achieve non retrogression under section 5. Part I examines the use of coalition districts, using the litigation in Page v. Bartels as an example. It then argues that the Supreme Court's opinion in Georgia v. Ashcroft permits jurisdictions to create viable racial coalition districts to comply with section 5. Part II argues that while Georgia v. Ashcroft permits the use of coalition districts to achieve …
Richmond V. Polk 375 F.3d 309 (4th Cir. 2004)
Richmond V. Polk 375 F.3d 309 (4th Cir. 2004)
Capital Defense Journal
No abstract provided.
Foreword: Pursuing Equal Justice In The West, Lynne Henderson
Foreword: Pursuing Equal Justice In The West, Lynne Henderson
Nevada Law Journal
No abstract provided.
Is "Don't Ask, Don't Tell" Unconstitutional After Lawrence? What It Will Take To Overturn The Policy, Diane H. Mazur
Is "Don't Ask, Don't Tell" Unconstitutional After Lawrence? What It Will Take To Overturn The Policy, Diane H. Mazur
UF Law Faculty Publications
There can be a certain politeness to legal challenges to "Don't Ask, Don't Tell," the congressional policy that attempts - fitfully, incompletely, and arbitrarily - to exclude gay citizens from both the responsibilities and privileges of military service.' We consider whether the military has articulated a "rational basis" for the policy – some explanation of the military's belief that it is at least rational (as opposed to irrational) to classify servicemembers as straight or gay and accept or reject them accordingly, all in the interest of military effectiveness. We accept the fact that judges assume there is a need for …
Capital Jurors As The Litmus Test Of Community Conscience For The Juvenile Death Penalty, Michael E. Antonio, Benjamin Fleury-Steiner, Valerie P. Hans, William J. Bowers
Capital Jurors As The Litmus Test Of Community Conscience For The Juvenile Death Penalty, Michael E. Antonio, Benjamin Fleury-Steiner, Valerie P. Hans, William J. Bowers
Cornell Law Faculty Publications
This fall, the United States Supreme Court will consider the constitutionality of the juvenile death penalty in Simmons v. Roper. The Eighth Amendment issue before the Court in Simmons will be whether the juvenile death penalty accords with the conscience of the community. This article presents evidence that bears directly on the conscience of the community in juvenile capital cases as revealed through extensive in-depth interviews with jurors who made the critical life-or-death decision in such cases. The data come from the Capital Jury Project, a national study of the exercise of sentencing discretion in capital cases conducted with …
Too Young For The Death Penalty: An Empirical Examination Of Community Conscience And The Juvenile Death Penalty From The Perspective Of Capital Jurors, William J. Bowers, Benjamin Fleury-Steiner, Valerie P. Hans, Michael E. Antonio
Too Young For The Death Penalty: An Empirical Examination Of Community Conscience And The Juvenile Death Penalty From The Perspective Of Capital Jurors, William J. Bowers, Benjamin Fleury-Steiner, Valerie P. Hans, Michael E. Antonio
Cornell Law Faculty Publications
As our analysis of jury decisionmaking in juvenile capital trials was nearing completion, the Missouri Supreme Court declared the juvenile death penalty unconstitutional in Simmons v. Roper. The court held that the execution of persons younger than eighteen years of age at the time of their crime violates the Eighth and Fourteenth Amendments to the United States Constitution. This decision patently rejected the U.S. Supreme Court's ruling in Stanford v. Kentucky, which permitted the execution of sixteen- and seventeen-year-olds. In deciding Simmons, the Missouri Supreme Court applied the U.S. Supreme Court's reasoning in Atkins v. Virginia to …
Foreword: Loving Lawrence, Pamela S. Karlan
Foreword: Loving Lawrence, Pamela S. Karlan
Michigan Law Review
Two interracial couples. Two cases. Two clauses. In Loving v. Virginia, the Supreme Court struck down a Virginia statute outlawing interracial marriage. In Lawrence v. Texas, the Court struck down a Texas statute outlawing sexual activity between same-sex individuals. Each case raised challenges under both the Equal Protection Clause and the Due Process Clause of the Fourteenth Amendment.
Euthanasia In America - Past, Present, And Future: A Review Of A Merciful End And Forced Exit, Edward J. Larson
Euthanasia In America - Past, Present, And Future: A Review Of A Merciful End And Forced Exit, Edward J. Larson
Michigan Law Review
Nearly 170 years ago, in the classic first volume of his Democracy in America, Alexis de Tocqueville observed, "Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question." De Tocqueville viewed this as a peculiarly U.S. development. He attributed it to the authority of the judiciary in the United States to review governmental enactments and establish individual rights based on judicial interpretation of the federal and state constitution. "Whenever a law that the judge holds to be unconstitutional is invoked in a tribunal of the United States, he may …
Generalizing Disability, Michael Ashley Stein
Generalizing Disability, Michael Ashley Stein
Michigan Law Review
Published in 1949, Joseph Tussman and Jacobus tenBroek's article The Equal Protection of the Laws has exerted longstanding influence on subsequent Fourteenth Amendment scholarship. Insightfully, Tussman and tenBroek identified a paradox: although the very notion of equality jurisprudence is a "pledge of the protection of equal laws," laws themselves frequently classify individuals, and "the very idea of classification is that of inequality." Notably, classification raises two sometimes concurrent varieties of inequality: over-inclusiveness and under-inclusiveness. Of these, over-inclusiveness is a more egregious equal protection violation due to its ability to "reach out to the innocent bystander, the hapless victim of circumstance …
The Undiscovered Country: Northern Views Of The Defeated South And The Political Background Of The Fourteenth Amendment, Garrett Epps
The Undiscovered Country: Northern Views Of The Defeated South And The Political Background Of The Fourteenth Amendment, Garrett Epps
All Faculty Scholarship
In 1866, Harper's Weekly announced a new series of woodcuts of Southern life with the remark, "[t]o us the late Slave States seem almost like a newly discovered country." It is difficult for Americans in the Twenty-First Century, in a culture of cable news coverage and national newspapers, to appreciate just how mysterious the former Confederacy seemed to Northerners in the months after Appomattox. It was not simply that four years of war had made communication between the two halves of the nation difficult - though that was true, and both Northern and Southern society had changed during the searing …
Reflections On Brown, Paul D. Carrington
Reflections On Brown, Paul D. Carrington
The Journal of Appellate Practice and Process
No abstract provided.
Introduction: Brown In The Supreme Court, Dennis J. Hutchinson
Introduction: Brown In The Supreme Court, Dennis J. Hutchinson
The Journal of Appellate Practice and Process
No abstract provided.
Back To Basics: Returning To The Matter Of Black Inferiority And White Supremacy In The Post-Brown Era, Regina Austin
Back To Basics: Returning To The Matter Of Black Inferiority And White Supremacy In The Post-Brown Era, Regina Austin
The Journal of Appellate Practice and Process
No abstract provided.
Litigation Campaigns And The Search For Constitutional Rules, Mark V. Tushnet
Litigation Campaigns And The Search For Constitutional Rules, Mark V. Tushnet
The Journal of Appellate Practice and Process
No abstract provided.
Enforcing Brown In The Little Rock Crisis, Tony A. Freyer
Enforcing Brown In The Little Rock Crisis, Tony A. Freyer
The Journal of Appellate Practice and Process
No abstract provided.
Brown Et Al. V. Board Of Education Of Topeka Et Al., 347 U.S. 483 (1954), Supreme Court Of The United States
Brown Et Al. V. Board Of Education Of Topeka Et Al., 347 U.S. 483 (1954), Supreme Court Of The United States
The Journal of Appellate Practice and Process
No abstract provided.
Voices Of The Brown Generation: Description Of A Project, Mildred Wigfall Robinson
Voices Of The Brown Generation: Description Of A Project, Mildred Wigfall Robinson
The Journal of Appellate Practice and Process
No abstract provided.
A Time To Lose, D. P. Marshall Jr.
A Time To Lose, D. P. Marshall Jr.
The Journal of Appellate Practice and Process
No abstract provided.
Symposium Discussion
The Journal of Appellate Practice and Process
No abstract provided.
Speech On Brown V. Board Of Education, May 1, 1981, Paul E. Wilson
Speech On Brown V. Board Of Education, May 1, 1981, Paul E. Wilson
The Journal of Appellate Practice and Process
No abstract provided.
Profiling With Apologies, Sherry F. Colb
Profiling With Apologies, Sherry F. Colb
Cornell Law Faculty Publications
No abstract provided.
Did The Government Finally Get It Right? An Analysis Of The Former Ins, The Office Of Refugee Resettlement And Unaccompanied Minor Aliens' Due Process Rights, Jessica G. Taverna
Did The Government Finally Get It Right? An Analysis Of The Former Ins, The Office Of Refugee Resettlement And Unaccompanied Minor Aliens' Due Process Rights, Jessica G. Taverna
William & Mary Bill of Rights Journal
No abstract provided.
Wilson V. Ozmint 352 F.3d 847 (4th Cir. 2003)
Wilson V. Ozmint 352 F.3d 847 (4th Cir. 2003)
Capital Defense Journal
No abstract provided.
Palmer V. Clarke 293 F. Supp. 2d 1011 (D. Neb. 2003)
Palmer V. Clarke 293 F. Supp. 2d 1011 (D. Neb. 2003)
Capital Defense Journal
No abstract provided.
Prejudiced By The Presence Of God: Keeping Religious Material Out Of Death Penalty Deliberations, Terrence T. Egland
Prejudiced By The Presence Of God: Keeping Religious Material Out Of Death Penalty Deliberations, Terrence T. Egland
Capital Defense Journal
No abstract provided.
Lovitt V. Warden 585 S.E.2d 801 (Va. 2003)
Lovitt V. Warden 585 S.E.2d 801 (Va. 2003)
Capital Defense Journal
No abstract provided.