Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 7 of 7

Full-Text Articles in Entire DC Network

A Practical Companion To The Constitution: The Cumulative Supplement 2nd Series 2008-2017, Jethro K. Lieberman Jan 2017

A Practical Companion To The Constitution: The Cumulative Supplement 2nd Series 2008-2017, Jethro K. Lieberman

Books

This book serves as a supplement to A Practical Companion to the Constitution. It is a comprehensive update of constitutional topic from 2008-2017.


What Changes In American Constitutional Law And What Does Not, Edward A. Purcell Jr. Jan 2017

What Changes In American Constitutional Law And What Does Not, Edward A. Purcell Jr.

Articles & Chapters

No abstract provided.


State V. Saldierna, Brian Boyd Jan 2017

State V. Saldierna, Brian Boyd

NYLS Law Review

No abstract provided.


Immigration Adjudication: The Missing Rule Of Law, Lenni B. Benson Jan 2017

Immigration Adjudication: The Missing Rule Of Law, Lenni B. Benson

Articles & Chapters

No abstract provided.


How To Salvage Article I: The Crumbling Foundation Of Our Republic, David Schoenbrod Jan 2017

How To Salvage Article I: The Crumbling Foundation Of Our Republic, David Schoenbrod

Articles & Chapters

No abstract provided.


A Contextual Approach To Harmless Error Review, Justin Murray Jan 2017

A Contextual Approach To Harmless Error Review, Justin Murray

Articles & Chapters

Harmless error review is profoundly important, but arguably broken, in the form that courts currently employ it in criminal cases. One significant reason for this brokenness lies in the dissonance between the reductionism of modern harmless error methodology and the diverse normative ambitions of criminal procedure. Nearly all harmless error rules used by courts today focus exclusively on whether the procedural error under review affected the result of a judicial proceeding. I refer to these rules as “result-based harmlesserror review.” The singular preoccupation of result-based harmless error review with the outputs of criminal processes stands in marked contrast with criminal …


Vital Tissues Of The Spirit: Constitutional Emotions In The Antebellum United States, Doni Gewirtzman Jan 2017

Vital Tissues Of The Spirit: Constitutional Emotions In The Antebellum United States, Doni Gewirtzman

Articles & Chapters

This Chapter provides a framework for examining the ambivalent and reciprocal relationship between emotions and constitutional law through three interrelated lenses: text, instrument, and symbol. In the years before the Civil War, discourse about feelings impacted institutional struggles for interpretive supremacy over the constitutional text, affected the Constitution’s ability to function as a legal mechanism for emotion management, and shaped its status as a national symbol.