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The Politics Of Judicial Interpretation: The Federal Courts, Department Of Justice, And Civil Rights, 1866-1876, Robert John Kaczorowski Nov 2004

The Politics Of Judicial Interpretation: The Federal Courts, Department Of Justice, And Civil Rights, 1866-1876, Robert John Kaczorowski

History

This landmark work of Constitutional and legal history is the leading account of the ways in which federal judges, attorneys, and other law officers defined a new era of civil and political rights in the South and implemented the revolutionary 13th, 14th, and 15th Amendments during Reconstruction.


Student Fact Book, Fall 2004, Twenty-Eighth Annual Edition, Wright State University, Office Of Student Information Systems, Wright State University Oct 2004

Student Fact Book, Fall 2004, Twenty-Eighth Annual Edition, Wright State University, Office Of Student Information Systems, Wright State University

Wright State University Student Fact Books

The student fact book has general demographic information on all students enrolled at Wright State University for Fall Quarter, 2004.


Two Standards Of Competency Are Better Than One: Why Some Defendants Who Are Not Competent To Stand Trial Should Be Permitted To Plead Guilty, Jason R. Marshall May 2004

Two Standards Of Competency Are Better Than One: Why Some Defendants Who Are Not Competent To Stand Trial Should Be Permitted To Plead Guilty, Jason R. Marshall

University of Michigan Journal of Law Reform

This Note argues that the present uniform standard of competency, competence to stand trial, be abolished in favor of two standards: competence to stand trial and competence to plea bargain. Part I traces the history of the competency standard by exploring its common law origins, the Supreme Court rulings that frame the debate, an academic reformulation of the competency inquiry, and the interests protected by requiring that defendants be competent to proceed through the criminal process. Part II contrasts the cognitive abilities, capacity to communicate with counsel, and courtroom behavior of defendants standing trial with those qualities required of defendants …


Spectrum, Volume 22, Issue 22, Sacred Heart University Apr 2004

Spectrum, Volume 22, Issue 22, Sacred Heart University

Newspapers (Obelisk & Spectrum)

Highlights include: Dr. George: Faculty Voice, Visionary, and True Pioneer -- Rats Infest Psychology Classes -- Building Bridges at Fairfield U. Conference -- Textbook Costs Stack Up -- Lambda Fraternity Raises Awareness -- Hard Work Pays Off With Leadership Awards -- Reactions To Last Week's Letters -- Women Rally Rights of Abortion -- My True Love -- Outing Club is SHU's Hidden Gem -- Students Prepare for Summer Break -- SHU Art Students Garner National Recognition -- Studios, Audiences Gear up for an Exciting Summer -- One Last Time -- The Tragic Loss of Pat Tillman -- Softball Splits on …


The Pacifican April 22, 2004, University Of The Pacific Apr 2004

The Pacifican April 22, 2004, University Of The Pacific

All Issues - Student Newspaper, The Pacifican, Pacific Weekly

No abstract provided.


Time Travel, Hovercrafts, And The Fourth Amendment: If James Madison Could Have Seen The Future, George C. Thomas Mar 2004

Time Travel, Hovercrafts, And The Fourth Amendment: If James Madison Could Have Seen The Future, George C. Thomas

ExpressO

Recent historical work has raised the intriguing possibility that the Framers meant to accomplish only one goal in the Fourth Amendment: to forbid general warrants. On this historical account, the first clause stating a right of the people to be "free from unreasonable searches and seizures" is merely declaratory of the principle that led the Framers to ban general warrants. Rephrased to be true to this history, the Fourth Amendment would say: "The right of the people to be secure in their persons, houses, papers, and effects against general warrants shall not be violated, and no general warrants shall issue." …


The Fatty Arbuckle Trial: The Injustice Of The Century, Elizabeth Fischer Jan 2004

The Fatty Arbuckle Trial: The Injustice Of The Century, Elizabeth Fischer

Constructing the Past

This article discusses the Fatty Arbuckle case, an incident in which it is still not known whether or not he caused the death of Virginia Rappe. It discusses the various accounts given of the incident and whether or not some of the witnesses may have purposely lied about events for their own gain.


Vulcan Historical Review 8 (Complete Issue), Vulcan Historical Review Staff Jan 2004

Vulcan Historical Review 8 (Complete Issue), Vulcan Historical Review Staff

Vulcan Historical Review

No abstract provided.


Plain Words, Plain Meanings: Hugo Black And The Right To Counsel, William Grayson Jan 2004

Plain Words, Plain Meanings: Hugo Black And The Right To Counsel, William Grayson

Vulcan Historical Review

pp. 50-60


Vulcan Historical Review 8 (Front Matter), Vulcan Historical Review Staff Jan 2004

Vulcan Historical Review 8 (Front Matter), Vulcan Historical Review Staff

Vulcan Historical Review

No abstract provided.


The Confrontation Clause Re-Rooted And Transformed, Richard D. Friedman Jan 2004

The Confrontation Clause Re-Rooted And Transformed, Richard D. Friedman

Articles

For several centuries, prosecution witnesses in criminal cases have given their testimony under oath, face to face with the accused, and subject to cross-examination at trial. The Confrontation Clause of the Sixth Amendment to the U.S. Constitution guarantees the procedure, providing that ‘‘[i]n all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witness against him.’’ In recent decades, however, judicial protection of the right has been lax, because the U.S. Supreme Court has tolerated admission of outof- court statements against the accused, without cross-examination, if the statements are deemed ‘‘reliable’’ or ‘‘trustworthy.’’ …


Face To Face With The Right Of Confrontation, Richard D. Friedman Jan 2004

Face To Face With The Right Of Confrontation, Richard D. Friedman

Other Publications

This article is an edited excerpt from the amicus curiae brief filed in Crawford v. Washington, heard before the United States Supreme Court on November 10, 2003. Prof. Friedman wrote the brief for the Court.


Face To Face': Rediscovering The Right To Confront Prosecution Witnesses, Richard D. Friedman Jan 2004

Face To Face': Rediscovering The Right To Confront Prosecution Witnesses, Richard D. Friedman

Articles

The Sixth Amendment to the United States Constitution protects the right of an accused 'to confront the witnesses against him'. The United States Supreme Court has treated this Confrontation Clause as a broad but rather easily rebuttable rule against using hearsay on behalf of a criminal prosecution; with respect to most hearsay, the exclusionary rule is overcome if the court is persuaded that the statement is sufficiently reliable, and the court can reach that conclusion if the statement fits within a 'firmly rooted' hearsay exception. This article argues that this framework should be abandoned. The clause should not be regarded …