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Harmful Error: Arizona V. Fulminante And The Expansion Of The Harmless-Error Rule, Shawn O. Miller

Northern Illinois University Law Review

In Arizona v. Fulminante, the United States Supreme Court held that coerced confessions that are erroneously admitted at trial are now subject to the harmless-error rule. The Court's holding is a radical departure from precedent. Consequently, this note examines this precedent and the Fulminante decision. The author concludes that Fulminante has created inconsistency within the area of law dealing with coerced confessions, increased the possibility of unfair trials, and narrowed defendants' due process rights.

The Costs Of Incoherence: A Comment On Plain Meaning, West Virginia University Hospitals, Inc. V. Casey, And Due Process Of Statutory Interpretation, T. Alexander Aleinikoff, Theodore M. Shaw

Vanderbilt Law Review

Karl Llewellyn's classic article on the canons of statutory construction, which we rightly celebrate in this Symposium, is too clever by half. To the reader untutored in the scholarly literature on statutory interpretation, the "thrust but parry" pairing of the canons is a delightful demonstration of how legal argument is structured in a way guaranteed to maintain discretion in the judiciary and to keep lawyers in business. No case involving a statute is clear cut because the canons can lend support to either side. This means that no lawyer is without an argument, and a judge is free to do …

Seeking Procedural Due Process In Ncaa Infractions Procedures: States Take Action, Aidan Middlemiss Mccormack

Marquette Sports Law Review

No abstract provided.

Protective Sweep Incident To A Lawful Arrest: An Analysis Of Its Validity Under The Federal And New York State Constitution, Steven M. Fox

Touro Law Review

No abstract provided.

Right To Be Present

Touro Law Review

No abstract provided.

Procedural Due Process Rights Of Incarcerated Parents In Termination Of Parental Rights Proceedings: A Fifty State Analysis, Philip Genty

Faculty Scholarship

Disruption of families through incarceration of parents has become an increasingly serious problem over the past decade. The prison population has grown dramatically, and for women prisoners the increases in the population are particularly striking. From 1980 through 1990, the number of women incarcerated in state and federal prisons increased from 13,420 to 43,845, an increase of 227 percent. In a single year, from 1988 to 1989, the number of incarcerated women increased by 24.4 percent. In 1990 there were an additional 37,844 women in local jails. For men the prison population increased by 130 percent from 316,401 to 727,398 …

Notes For A Consistent And Meaningful Sixth Amendment, Randolph N. Jonakait

Articles & Chapters

No abstract provided.

Evidence Of Religion And The Religion Of Evidence, Michael S. Ariens

Faculty Articles

When testimony about the religiosity of a victim is elicited, a jury will likely become aware of the religious affiliation of the victim. Any revelation to a jury of the religiosity of a victim can be an aid to the jury in assessing the punishment to be given to the defendant, since being religious and talking with people about religion is deemed a communal good. However, prescribing a harsher punishment to a defendant because of the religious affiliation of a victim is a form of religious discrimination which is unconstitutional. In light of this inherent difficulty of evidence of religion, …

"Academic Challenge" Cases: Should Judicial Review Extend To Academic Evaluations Of Students?, Thomas A. Schweitzer

Scholarly Works

No abstract provided.

The Burden Of Proving Competence To Stand Trial: Due Process At The Limits Of Adversarial Justice, Benjamin J. Vernia

Vanderbilt Law Review

A defendant's mental competence to stand trial is a fundamental prerequisite to participation in our adversarial system of criminal justice, but proving that this requirement is satisfied presents unique challenges. While an incompetent defendant's inability to comprehend the nature of the proceedings or to assist his attorney challenges the very validity of the adversarial system, most jurisdictions rely on that same adversarial system to resolve questions of competence. These questions about the competence of the defendant and the legitimate scope of the adversarial system all arise in the context of the competency hearing procedure.

The burden of proof in competency …

A Constitutional Analysis Of Compulsory School Attendance Laws In The Southeast: Do They Unlawfully Interfere With Alternatives To Public Education?, Mark H. Murphy

Georgia State University Law Review

No abstract provided.