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Law

Selected Works

2008

Criminal Law and Procedure

Articles 1 - 3 of 3

Full-Text Articles in Entire DC Network

Informants In The Us A View From The Outside, Tamara Dimovska Jan 2008

Informants In The Us A View From The Outside, Tamara Dimovska

Tamara Dimovska

Men may be without restraints upon their liberty; they may pass to and fro at pleasure: but if their steps are tracked by spies and informers, their words noted down for crimination, their associates watched as conspirators—who shall say that they are free?... This is America is what Americans say when they talk about the peculiarities that differentiate them from the rest of the world. Even though one associates secrecy and temptation with the use of the term informant, the US criminal justice candidly acknowledges the wide use of Informants…This Article shall not be construed as an attempt to change …


Human Rights And Gun Confiscation, David B. Kopel Jan 2008

Human Rights And Gun Confiscation, David B. Kopel

David B Kopel

This Article addresses a human rights problem which has been generally ignored by the advocates of firearms confiscation: the human rights abuses stemming from the enforcement of coercive disarmament laws.

Part I conducts a case study of the U.N.-supported gun confiscation program in Uganda, a program which has directly caused massive, and fatal, violations of human rights. Among the rights violated have been those enumerated in Article 3 (“the right to life, liberty and security of person” ) and Article 5 (“No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”) of the Universal …


The Peculiar Story Of United States V. Miller Jan 2008

The Peculiar Story Of United States V. Miller

Brian L. Frye

This article provides a comprehensive history and interpretation of United States v. Miller, the only Supreme Court case construing the Second Amendment. It presents evidence Miller was a test case designed by the government to test the constitutionality of federal gun control. It shows the holding in Miller is narrower than generally assumed. It argues Miller adopts neither the individual nor the collective right theory of the Second Amendment. It suggests the Supreme Court’s pragmatic, deferential approach in Miller remains appropriate.