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Brown And The Desegregation Of Virginia Law Schools, Carl W. Tobias Nov 2004

Brown And The Desegregation Of Virginia Law Schools, Carl W. Tobias

University of Richmond Law Review

No abstract provided.


Reflections On Brown And The Future, Oliver W. Hill Sr. Nov 2004

Reflections On Brown And The Future, Oliver W. Hill Sr.

University of Richmond Law Review

No abstract provided.


The Promise Of Equality: Reflections On The Post-Brown Era In Virginia, Robert R. Mehrige Jr. Nov 2004

The Promise Of Equality: Reflections On The Post-Brown Era In Virginia, Robert R. Mehrige Jr.

University of Richmond Law Review

No abstract provided.


A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla Nov 2004

A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla

University of Richmond Law Review

No abstract provided.


Virginia's Next Challenge: Economic And Educational Opportunity, Mark R. Warner Nov 2004

Virginia's Next Challenge: Economic And Educational Opportunity, Mark R. Warner

University of Richmond Law Review

No abstract provided.


Legislative Restraint In The Confirmation Process, Kenneth W. Starr Mar 2004

Legislative Restraint In The Confirmation Process, Kenneth W. Starr

University of Richmond Law Review

No abstract provided.


The Three Independences, H. Jefferson Powell Mar 2004

The Three Independences, H. Jefferson Powell

University of Richmond Law Review

No abstract provided.


Judicial Independence, William H. Rehnquist Mar 2004

Judicial Independence, William H. Rehnquist

University of Richmond Law Review

No abstract provided.


Judicial Independence And The Scope Of Article Iii--A View From The Federalist, Michael G. Collins Mar 2004

Judicial Independence And The Scope Of Article Iii--A View From The Federalist, Michael G. Collins

University of Richmond Law Review

No abstract provided.


The Lost Original Meaning Of The Ninth Amendment, Kurt T. Lash Jan 2004

The Lost Original Meaning Of The Ninth Amendment, Kurt T. Lash

Law Faculty Publications

This article presents previously unrecognized evidence regarding the original meaning of the Ninth Amendment. Obscured by the contemporary assumption that the Ninth Amendment is about rights while the Tenth Amendment is about powers, the historical roots of the Ninth Amendment can be found in the state ratification convention demands for a constitutional amendment prohibiting the constructive enlargement of federal power. James Madison's initial draft of the Ninth Amendment expressly adopted the language suggested by the state conventions and he insisted the final draft expressed the same rule of construction desired by the states. In an episode previously unnoticed by scholars, …


When Yasir Esam Hamdi Meets Zacarias Moussaoui, Frank Durham Jan 2004

When Yasir Esam Hamdi Meets Zacarias Moussaoui, Frank Durham

Richmond Journal of Global Law & Business

No abstract provided.


Punishment And The War On Terrorism, Carl W. Tobias Jan 2004

Punishment And The War On Terrorism, Carl W. Tobias

Law Faculty Publications

Certain features of the war on terrorism impose novel and controversial punishment schemes. For example, President George W. Bush has unilaterally invoked executive authority to detain thousands suspected of terrorism over protracted times and to create military tribunals. The government has imprisoned two American citizens, denying them access to counsel for more than a year, and it has incarcerated 650 individuals without process at Guantanamo Bay. Bush administration officials recently announced that they would try some Guantanamo detainees in military commissions; however, these bodies will accord fewer protections than the civilian system or even courts-martial under the Uniform Code of …


Judicial Independence In Virginia, W. Hamilton Bryson Jan 2004

Judicial Independence In Virginia, W. Hamilton Bryson

University of Richmond Law Review

No abstract provided.


Sattazahn V. Pennsylvania: Double Jeopardy And The Definition Of "Acquittal" In Capital-Sentencing Proceedings, Matthew G. Howells Jan 2004

Sattazahn V. Pennsylvania: Double Jeopardy And The Definition Of "Acquittal" In Capital-Sentencing Proceedings, Matthew G. Howells

University of Richmond Law Review

No abstract provided.


Countermajoritarian Hero Or Zero - Rethinking The Warren Court's Role In The Criminal Procedure Revolution, Corinna Barrett Lain Jan 2004

Countermajoritarian Hero Or Zero - Rethinking The Warren Court's Role In The Criminal Procedure Revolution, Corinna Barrett Lain

Law Faculty Publications

With last fall marking the fiftieth anniversary of Earl Warren's appointment as Chief Justice, enough time has passed to place the criminal procedure revolution in proper historical perspective and rethink the Court's role there as countermajoritarian hero. In the discussion that follows, I aim to do that by examining five of the revolution's most celebrated decisions: Mapp v. Ohio, Gideon v. Wainwright, Miranda v. Arizona, Katz v. United States, and Terry v. Ohio. In none of these cases, I argue, did the Supreme Court act in a manner truly deserving of its countermajoritarian image. To be clear, I do not …