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Affirmative Action And Judicial Incoherence, Robert C. Power
Affirmative Action And Judicial Incoherence, Robert C. Power
Robert C Power
No abstract provided.
The Quest For The Common Good: Neutrality And Deliberative Democracy In Sunstein's Conception Of American Constitutionalism, Robert Justin Lipkin
The Quest For The Common Good: Neutrality And Deliberative Democracy In Sunstein's Conception Of American Constitutionalism, Robert Justin Lipkin
Robert Justin Lipkin
No abstract provided.
Spelling Guilt Out Of A Record? Harmless-Error Review Of Conclusive Mandatory Presumptions And Elemental Misdescriptions, John M. Greabe
Spelling Guilt Out Of A Record? Harmless-Error Review Of Conclusive Mandatory Presumptions And Elemental Misdescriptions, John M. Greabe
John M Greabe
Part I of this Article summarizes the history of harmless-error review. Part II explains more fully the constitutional infirmities generated by conclusive mandatory presumptions and elemental misdescriptions, and demonstrates that the unique nature of these infirmities complicates the question of how courts should review them for harmlessness. It also examines the Supreme Court's attempts to answer the questions of whether, and how, conclusive mandatory presumptions and elemental misdescriptions should be reviewed for harmlessness. In so doing, it focuses particularly on how these attempts have been undermined by the Court's failure to take account of the structural rights undermined by these …
Twenty-Five Years After Goldberg V. Kelly: Traveling From The Right Spot On The Wrong Road To The Wrong Place, Randy Lee
Randy Lee
No abstract provided.
What Does Due Process Have To Do With Jurisdiction?, Jay Conison
What Does Due Process Have To Do With Jurisdiction?, Jay Conison
Jay Conison
No abstract provided.