Digital Commons Network^™

Split Definitive, Lawrence Baum, Neal Devins

Neal E. Devins

For the first time in a century, the Supreme Court is divided solely by political party.

The Structural Safeguards Of Federal Jurisdiction, Tara Leigh Grove

Tara L. Grove

Scholars have long debated Congress’s power to curb federal jurisdiction and have consistently assumed that the constitutional limits on Congress’s authority (if any) must be judicially enforceable and found in the text and structure of Article III. In this Article, I challenge that fundamental assumption. I argue that the primary constitutional protection for the federal judiciary lies instead in the bicameralism and presentment requirements of Article I. These Article I lawmaking procedures give competing political factions (even political minorities) considerable power to “veto” legislation. Drawing on recent social science and legal scholarship, I argue that political factions are particularly likely …

The International Judicial Dialogue: When Domestic Constitutional Courts Join The Conversation, Tara Leigh Grove

Tara L. Grove

No abstract provided.

A College-Level Discussion Guide To "Speaking Their Peace: Personal Stories From The Frontlines Of War And Peace" By Colette Rausch, Christie S. Warren, Meghan Phillips, Abby Riley

Christie S. Warren

No abstract provided.

Restoring Fairness To Campus Sex Tribunals, Cynthia Ward

Cynthia V. Ward

No abstract provided.

Sentencing Roulette: How Virginia’S Criminal Sentencing System Is Imposing An Unconstitutional Trial Penalty That Suppresses The Rights Of Criminal Defendants To A Jury Trial, Caleb R. Stone

Caleb R. Stone

No abstract provided.

Constitutional Law - The Eighth Amendment And Prison Reform, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.

Patents Absent Adversaries, Sarah R. Wasserman Rajec

Sarah R. Wasserman Rajec

No abstract provided.

A Theory Of Civil Liability, Nathan B. Oman

Nathan B. Oman

No abstract provided.

Q: Will The Supreme Court Intervention In Florida Fail The Test Of Time?, Ira Glasser, Alan J. Meese

Alan J. Meese

No abstract provided.

Why The United States Supreme Court Got Some [But Not A Lot] Of The Sixth Amendment Right To Counsel Analysis Right, Paul Marcus

Paul Marcus

No abstract provided.

White Collar Crime: A Legal Overview, Paul Marcus

Paul Marcus

No abstract provided.

The Use Of Criminal Statutes To Regulate Financial Markets In The United States, Paul Marcus

Paul Marcus

No abstract provided.

Toward An Expanded View Of The Due Process Claim In Entrapment Cases, Paul Marcus

Paul Marcus

No abstract provided.

The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus

Paul Marcus

No abstract provided.

The United States Criminal Justice System: A Brief Overview, Paul Marcus

Paul Marcus

No abstract provided.

The Right To Counsel In Criminal Cases, A National Crisis, Mary Sue Backus, Paul Marcus

Paul Marcus

No abstract provided.

The Reporter's Privilege: An Analysis Of The Common Law, Branzberg V. Hayes , And Recent Statutory Developments, Paul Marcus

Paul Marcus

No abstract provided.

The Miranda Custody Requirement And Juveniles, Paul Marcus

Paul Marcus

Concerns about the interrogation process and the ability of minors to navigate the criminal justice system often intersect. The impact of the age of juveniles can be seen in a variety of judicial decisions, most markedly those dealing with punishment. But judicial concern for juveniles goes well beyond sentencing. The interrogation process raises especially grave fears.

Since the Supreme Court issued its landmark ruling in Miranda v. Arizona disallowing compelled inculpatory statements by criminal suspects and defendants, there has been concern as to whether juveniles fully understand and appreciate their rights as articulated in Miranda and based in the Fifth …

The Media In The Courtroom: Attending, Reporting, Televising Criminal Cases, Paul Marcus

Paul Marcus

No abstract provided.

The Proposed Revised Federal Criminal Code: Conspiracy Provisions, Paul Marcus

Paul Marcus

No abstract provided.

The Faretta Principle: Self Representation Versus The Right To Counsel, Paul Marcus

Paul Marcus

The United States Constitution makes provision for criminal defendants to be represented by counsel. In the federal jurisdiction this principle was vigorously applied, even to indigent persons, very early in the Twentieth Century. The United States Supreme Court, however, was reluctant to impose this requirement on the states except in cases of unusual circumstances where the absence of counsel would have affected the basic fairness of the trial. Finally, in a landmark decision by the Supreme Court, it was held that the right to counsel applies in both federal and state cases. For the past twenty years, federal and state …

The Exclusion Of Evidence In The United States, Paul Marcus

Paul Marcus

No abstract provided.

The Entrapment Defense: An Interview, Paul Marcus

Paul Marcus

No abstract provided.

The Entrapment Defense And Procedural Issues: Burden Of Proof, Questions Of Law And Fact, Inconsistent Defenses, Paul Marcus

Paul Marcus

Paul Marcus has produced an extremely thorough article on the intriguing and complex defense of entrapment. After analyzing the subjective and objective approaches to the defense, the author turns to the infrequently addressed question of evidence on predisposition. Included here are the recent ABSCAM cases.

Finally, the author explores the vagaries of inconsistent defenses and, on the whole, provides academics and practitioners with a refreshing and useful guide to some of the most important questions involving entrapment.

The Development Of Entrapment Law, Paul Marcus

Paul Marcus

No abstract provided.

The Crisis In Indigent Defense: A National Perspective, Mary Sue Backus, Paul Marcus

Paul Marcus

No abstract provided.

State Constitutional Protection For Defendants In Criminal Prosecutions, Paul Marcus

Paul Marcus

No abstract provided.

The Allen Instruction In Criminal Cases: Is The Dynamite Charge About To Be Permanently Defused?, Paul Marcus

Paul Marcus

No abstract provided.

Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus

Paul Marcus

No abstract provided.