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Articles 1 - 30 of 57
Full-Text Articles in Entire DC Network
The Opinion Volume 51 Issue 4 – December 6, 1999, The Opinion
The Opinion Volume 51 Issue 4 – December 6, 1999, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated December 06, 1999
Recovering The Original Fourth Amendment, Thomas Y. Davies
Recovering The Original Fourth Amendment, Thomas Y. Davies
Michigan Law Review
Claims regarding the original or intended meaning of constitutional texts are commonplace in constitutional argument and analysis. All such claims are subject to an implicit validity criterion - only historically authentic assertions should matter. The rub is that the original meaning commonly attributed to a constitutional text may not be authentic. The historical Fourth Amendment is a case in point. If American judges, lawyers, or law teachers were asked what the Framers intended when they adopted the Fourth Amendment, they would likely answer that the Framers intended that all searches and seizures conducted by government officers must be reasonable given …
The Opinion Volume 51 Issue 2 – November 1, 1999, The Opinion
The Opinion Volume 51 Issue 2 – November 1, 1999, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated November 01, 1999
Interview With Regina Austin, Randy Lee, Regina Austin, Legal Oral History Project, University Of Pennsylvania Carey Law School
Interview With Regina Austin, Randy Lee, Regina Austin, Legal Oral History Project, University Of Pennsylvania Carey Law School
Legal Oral History Project
For transcript, click the Download button above. For video index, click the link below.
Regina Austin (L '73), William A. Schnader Professor of Law at the University of Pennsylvania, pursues her interest in the overlapping burdens of race, gender, and class oppression in traditional legal scholarship, as well as in her work on documentary films. She is the director of the Penn Program on Documentaries & the Law, which holds an annual Visual Legal Advocacy Roundtable for public interest lawyers, hosts screenings of law-genre documentary films throughout the year, and maintains a national repository of dozens of clemency videos as …
The Opinion Volume 51 Issue 1 – October 18, 1999, The Opinion
The Opinion Volume 51 Issue 1 – October 18, 1999, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated October 18, 1999
Their Pride And Ornament: Judge Benjamin Johnson And The Federal Courts In Early Arkansas, Lynn Foster
Their Pride And Ornament: Judge Benjamin Johnson And The Federal Courts In Early Arkansas, Lynn Foster
University of Arkansas at Little Rock Law Review
No abstract provided.
When Does The Curiae Need An Amicus?, Luther T. Munford
When Does The Curiae Need An Amicus?, Luther T. Munford
The Journal of Appellate Practice and Process
An argument is made for freely granting leave of amicus motions.
Discretionary Appellate Review Of Non-Final Orders: It’S Time To Change The Rules, Howard B. Eisenberg, Alan B. Morrison
Discretionary Appellate Review Of Non-Final Orders: It’S Time To Change The Rules, Howard B. Eisenberg, Alan B. Morrison
The Journal of Appellate Practice and Process
This article discusses the uncertainty of United States Courts of Appeals jurisdiction over non-final orders.
Rules Of Appellate Advocacy: An Australian Perspective, Michael Kirby
Rules Of Appellate Advocacy: An Australian Perspective, Michael Kirby
The Journal of Appellate Practice and Process
A justice of Australia's highest court gives advice to appellate advocates. The essay begins with an overview of Australia’s judicial structure. The discussion then focuses on ten rules for appellate advocacy.
The American Founders' Responsibility, Ralph Lerner
The American Founders' Responsibility, Ralph Lerner
Washington and Lee Law Review
No abstract provided.
From Renaissance Poland To Poland's Renaissance, Daniel H. Cole
From Renaissance Poland To Poland's Renaissance, Daniel H. Cole
Michigan Law Review
Poland is located in Eastern Europe - the "other Europe" - which shares a continent, but seemingly little else, with Western Europe. Most histories of Europe, legal histories included, are actually histories of Western Europe only. The "euro-centrism" some scholars complain about is, more accurately, a "western eurocentrism." The eastern half of the continent is ignored like the embarrassing black sheep of the European family. Economic historians have described Eastern Europe as a "backward" place, where feudal and mercantilist economies persisted as Western European economies modernized and industrialized. In geopolitical terms, Eastern Europe has been characterized as a region of …
Appendix: Biographies Of Participants , American University Law Review
Appendix: Biographies Of Participants , American University Law Review
American University Law Review
No abstract provided.
Transcript: Responses To The Debate On Whether Congress Must End The Disenfranchisement Of The District Of Columbia , American University Law Review
Transcript: Responses To The Debate On Whether Congress Must End The Disenfranchisement Of The District Of Columbia , American University Law Review
American University Law Review
No abstract provided.
Reconceiving The Right To Present Witnesses, Richard A. Nagareda
Reconceiving The Right To Present Witnesses, Richard A. Nagareda
Michigan Law Review
Modem American law is, in a sense, a system of compartments. For understandable curricular reasons, legal education sharply distinguishes the law of evidence from both constitutional law and criminal procedure. In fact, the lines of demarcation between these three subjects extend well beyond law school to the organization of the leading treatises and case headnotes to which practicing lawyers routinely refer in their trade. Many of the most interesting questions in the law, however, do not rest squarely within a single compartment; instead, they concern the content and legitimacy of the lines of demarcation themselves. This article explores a significant, …
Transcript: The Nature Of The American Constitution: Is There A Constitutional Right To Vote And Be Represented? , American University Law Review
Transcript: The Nature Of The American Constitution: Is There A Constitutional Right To Vote And Be Represented? , American University Law Review
American University Law Review
No abstract provided.
Transcript: Must Congress End The Disenfranchisement Of The District Of Columbia? A Constitutional Debate , American University Law Review
Transcript: Must Congress End The Disenfranchisement Of The District Of Columbia? A Constitutional Debate , American University Law Review
American University Law Review
No abstract provided.
The Privilege's Last Stand: The Privilege Against Self-Incrimination And The Right To Rebel Against The State, Michael S. Green
The Privilege's Last Stand: The Privilege Against Self-Incrimination And The Right To Rebel Against The State, Michael S. Green
Faculty Publications
No abstract provided.
Systems Of Belief In Modern American Law: A View From Century's End, Gerald B. Wetlaufer
Systems Of Belief In Modern American Law: A View From Century's End, Gerald B. Wetlaufer
American University Law Review
No abstract provided.
Regulatory Takings And Original Intent: The Direct, Physical Takings Thesis "Goes Too Far", Andrew S. Gold
Regulatory Takings And Original Intent: The Direct, Physical Takings Thesis "Goes Too Far", Andrew S. Gold
American University Law Review
No abstract provided.
The First Women Members Of The Supreme Court Bar, 1879-1900, Mary Clark
The First Women Members Of The Supreme Court Bar, 1879-1900, Mary Clark
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Justice Blackmun's Mark On Criminal Law And Procedure, Kit Kinports
Justice Blackmun's Mark On Criminal Law And Procedure, Kit Kinports
Journal Articles
When Justice Blackmun was nominated to the Court in 1970, Americans were consumed with the idea of crime control. In the 1968 presidential campaign, Richard Nixon had called the Supreme Court "soft on crime" and had promised to "put 'law and order' judges on the Court." While sitting on the Eighth Circuit, the Justice had "seldom struck down searches, seizures, arrests or confessions," and most of his opinions in criminal cases had "affirmed guilty verdicts and sentences." Thus, according to one commentator, Justice Blackmun seemed to be "exactly what Nixon was looking for: a judge who believed in judicial restraint, …
"High Crimes And Misdemeanors": Recovering The Intentions Of The Founders, Gary L. Mcdowell
"High Crimes And Misdemeanors": Recovering The Intentions Of The Founders, Gary L. Mcdowell
Law Faculty Publications
Such serious charges by so many distinguished historians demand a careful consideration of what the Founders meant by "high Crimes and Misdemeanors": Were they only indictable crimes or did they include what one of the Framers called "political crimes and misdemeanors?" Were they offenses that a President would commit only in "the exercise of executive power" or did they also include a President's malfeasance committed in his private capacity? Were they subject to a reasonably fixed meaning or were they to be determined simply by the exercise of the "awful discretion" of those in Congress called upon to impeach and …
Legal Doctrine And The Gender Issue In Brazil, Leila Linhares Barsted, Jacqueline Hermann
Legal Doctrine And The Gender Issue In Brazil, Leila Linhares Barsted, Jacqueline Hermann
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Rationing Justice—What Thomas More Would Say, Michael E. Tigar
Rationing Justice—What Thomas More Would Say, Michael E. Tigar
Faculty Scholarship
No abstract provided.
An Empirical Evaluation Of Specialized Law Reviews, Chris Guthrie, Tracey E. George
An Empirical Evaluation Of Specialized Law Reviews, Chris Guthrie, Tracey E. George
Vanderbilt Law School Faculty Publications
The sudden, rapid, and widespread increase in the number of specialized law reviews has attracted relatively little scholarly attention even though it is the most significant development in legal academic publishing in the second half of the twentieth century. As a consequence, there is a dearth of information about the proliferation, significance, and status of specialized reviews. In this Article, we attempt to fill this information gap by documenting the rise of the specialized review and by providing an empirical ranking of the top 100 specialized reviews.
Notaries Public: A Pathfinder, 32 J. Marshall L. Rev. 1065 (1999), Glenn-Peter Ahlers Sr.
Notaries Public: A Pathfinder, 32 J. Marshall L. Rev. 1065 (1999), Glenn-Peter Ahlers Sr.
UIC Law Review
No abstract provided.
Law's Territory (A History Of Jurisdiction), Richard T. Ford
Law's Territory (A History Of Jurisdiction), Richard T. Ford
Michigan Law Review
Pop quiz: New York City. The United Kingdom. The East Bay Area Municipal Utilities District. Kwazulu, South Africa. The Cathedral of Notre Dame. The State of California. Vatican City. Switzerland. The American Embassy in the U.S.S.R. What do the foregoing items have in common? Answer: they are, or were, all territorial jurisdictions. A thesis of this Article is that territorial jurisdictions - the rigidly mapped territories within which formally defined legal powers are exercised by formally organized governmental institutions - are relatively new and intuitively surprising technological developments. New, because until the development of modern cartography, legal authority generally followed …
Civics 2000: Process Constitutionalism At Yale, Daniel J. Hulsebosch
Civics 2000: Process Constitutionalism At Yale, Daniel J. Hulsebosch
Michigan Law Review
One or another form of historical fidelity has long been in the repetoire of constitutional interpretation, and during the last two decades conservative jurists have searched for the "original intent" of various clauses. Increasingly, however, it is liberal law professors who are turning to history to make sense of American constitutionalism. What they find there is not a document listing eternal rights or duties but rather a multidimensional structure of government, captured as much in practice as on paper, that has metamorphosed over time. It seems we have, in that familiar phrase, a living Constitution. But interest is shifting from …
Life, Death And The Law - And Why Capital Punishment Is Legally Insupportable , Peter Fitzpatrick
Life, Death And The Law - And Why Capital Punishment Is Legally Insupportable , Peter Fitzpatrick
Cleveland State Law Review
Given that law has an integral commitment to life, in this lecture I want to show how the law should manifest something of a fundamental dissonance, even a terminal incoherence, when law is called upon to deal death. That is what happens in the judicial discourse on the death penalty in the United States. I will approach this demonstration in a way that may at first seem paradoxical, in a way that will bring out the deep affinity between law and death. That affinity is one in which death is, in a sense, the limit of law; a limit that …