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Articles 1 - 10 of 10
Full-Text Articles in Entire DC Network
Intangible Property Under The Federal Mail Fraud Statute And The Takings Clause: A Case Study, Michael J. Hostetler
Intangible Property Under The Federal Mail Fraud Statute And The Takings Clause: A Case Study, Michael J. Hostetler
Duke Law Journal
No abstract provided.
Why Modest Proposals Offer The Best Solution For Combating Racial Profiling, Sean P. Trende
Why Modest Proposals Offer The Best Solution For Combating Racial Profiling, Sean P. Trende
Duke Law Journal
No abstract provided.
The Constitutional Failure Of The Strickland Standard In Capital Cases Under The Eighth Amendment, Amy R. Murphy
The Constitutional Failure Of The Strickland Standard In Capital Cases Under The Eighth Amendment, Amy R. Murphy
Law and Contemporary Problems
Criminal defendants are guaranteed the right to effective assistance of counsel under the Sixth Amendment, but the Supreme Court's decision in "Strickland" has given appellate courts overly broad discretion to determine exactly what constitutes ineffective assistance of counsel. Murphy reviews the right to counsel and discusses the crucial role of counsel in capital cases throughout the trial and appellate processes.
Threading Between The Religion Clauses, Ira C. Lupu
Threading Between The Religion Clauses, Ira C. Lupu
Law and Contemporary Problems
A careful review of the overall record suggests that Pres Clinton's Administration has been more solicitous of the First Amendment's Religious Clauses as a whole than can normally be expected of elected national officials and their appointees.
Foreword: Small World, Herbert L. Bernstein
Foreword: Small World, Herbert L. Bernstein
Duke Journal of Comparative & International Law
No abstract provided.
The Law And Politics Of The Pinochet Case, Michael Byers
The Law And Politics Of The Pinochet Case, Michael Byers
Duke Journal of Comparative & International Law
No abstract provided.
Assessing The Practicality And Constitutionality Of Alaska’S Split-Recovery Punitive Damages Statute, Scott Dodson
Assessing The Practicality And Constitutionality Of Alaska’S Split-Recovery Punitive Damages Statute, Scott Dodson
Duke Law Journal
No abstract provided.
Establishing An Equal Playing Field For Criminal Defendants In The Aftermath Of United States V. Singleton, Korin K. Ewing
Establishing An Equal Playing Field For Criminal Defendants In The Aftermath Of United States V. Singleton, Korin K. Ewing
Duke Law Journal
No abstract provided.
The Problem Of Using Hearsay In Domestic Violence Cases: Is A New Exception The Answer?, Neal A. Hudders
The Problem Of Using Hearsay In Domestic Violence Cases: Is A New Exception The Answer?, Neal A. Hudders
Duke Law Journal
No abstract provided.
How Congress Might Redesign A Leaner, Cleaner Writ Of Habeas Corpus, Brian M. Hoffstadt
How Congress Might Redesign A Leaner, Cleaner Writ Of Habeas Corpus, Brian M. Hoffstadt
Duke Law Journal
In the last thirty years, the Supreme Court and Congress have made the federal writ of habeas corpus increasingly less available to state prisoners. By and large, they have restricted the writ through the creation and expansion of procedural barriers to federal habeas review. Recently, however, the policy debate over how to handle the deluge of federal habeas petitions has begun to shift away from creating procedural hurdles and toward a more straightforward narrowing of the substantive scope of the writ, as Congress has started to consider bills that would preclude state prisoners from raising certain federal constitutional claims in …