Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Due Process Clause (4)
- Fourteenth Amendment (4)
- Fourteenth amendment (4)
- Commerce clause (3)
- Confrontation Clause (3)
-
- Fifth Amendment (3)
- Fifth amendment (3)
- First amendment (3)
- Fourth amendment (3)
- Miranda (3)
- Sex discrimination (3)
- Takings (3)
- Title vii (3)
- Caretaking (2)
- Commerce Clause (2)
- Criminal trial (2)
- Dormant commerce clause (2)
- Equal protection (2)
- Equality (2)
- Federalism (2)
- First Amendment (2)
- Fundamental rights (2)
- Habeas corpus (2)
- Maine Constitution (2)
- OUI (2)
- Originalism (2)
- Originalist (2)
- Standing (2)
- Supreme court (2)
- Transgender (2)
Articles 61 - 63 of 63
Full-Text Articles in Law
The Magic Mirror Of "Original Meaning": Recent Approaches To The Fourteenth Amendment, Bret Boyce
The Magic Mirror Of "Original Meaning": Recent Approaches To The Fourteenth Amendment, Bret Boyce
Maine Law Review
Nearly a century and a half after its adoption, debate continues to rage over the original meaning of the Fourteenth Amendment’s guarantees of basic rights. Of the three clauses in the second sentence of Section One, the latter two (the Due Process and Equal Protection Clauses) loom very large in modern Supreme Court decisions, while the first (the Privileges or Immunities Clause) is of minimal importance, having been invoked only once to strike down a state law. Originalists—those who hold that the Constitution should be interpreted according to its original meaning—have often deplored this state of affairs. Many have argued …
What Constitutes "Custody" Under Miranda?: An Examination Of Maine's Test As Applied In State V. Kittredge, Elizabeth L. Tull
What Constitutes "Custody" Under Miranda?: An Examination Of Maine's Test As Applied In State V. Kittredge, Elizabeth L. Tull
Maine Law Review
In recent years, the Maine Supreme Judicial Court, sitting as the Law Court, has issued several opinions addressing whether a defendant’s statements are admissible when made to law enforcement in the absence of “Miranda warnings.” These cases have similar features: a defendant made a personally incriminating statement; raised an appeal arguing that Miranda warnings should have been, but were not, read to him or her; and the Court—in many cases—determined that the defendant was not technically in police custody, and thus there was no requirement to recite Miranda warnings to him or her. Miranda warnings are an important safeguard that …
State V. Lovejoy: Should Pre-Arrest, Pre-Miranda Silence Be Admissible During The State's Case-In-Chief As Substantive Evidence Of Guilt?, Mark A. Rucci
Maine Law Review
Article 1, section 6 of Maine Constitution reads in part that “[t]he accused shall not be compelled to give evidence against himself or herself, nor be deprived of life, liberty, property, or privileges . . . .” Further, the Law Court has held that “the State constitutional protection against self-incrimination is the equivalent of the Fifth Amendment." However, as with most provisions of the Constitution, the protection against self-incrimination is open to interpretation. While the Supreme Court has answered some questions surrounding the Fifth Amendment’s protections, it has left many decisions regarding its scope largely within the purview of the …