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Full-Text Articles in Law
Risky Business: Massachusetts V. Epa, Risk-Based Harm, And Standing In The D.C. Circuit, Amanda Leiter
Risky Business: Massachusetts V. Epa, Risk-Based Harm, And Standing In The D.C. Circuit, Amanda Leiter
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The State Secrets Privilege And Separation Of Powers, Amanda Frost
The State Secrets Privilege And Separation Of Powers, Amanda Frost
Articles in Law Reviews & Other Academic Journals
Since September 11, 2001, the Bush administration has repeatedly invoked the state secrets privilege in cases challenging executive conduct in the war on terror, arguing that the very subject matter of these cases must be kept secret to protect national security. The executive's recent assertion of the privilege is unusual, in that it is seeking dismissal, pre-discovery, of all challenges to the legality of specific executive branch programs, rather than asking for limits on discovery in individual cases. This essay contends that the executive's assertion of the privilege is therefore akin to a claim that the courts lack jurisdiction to …
Exploring The Myths About The Ninth Circuit, Stephen Wermiel
Exploring The Myths About The Ninth Circuit, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
True Integration: Advancing Brown's Goal Of Educational Equity In The Wake Of Grutter, Lia Epperson
True Integration: Advancing Brown's Goal Of Educational Equity In The Wake Of Grutter, Lia Epperson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Anthrax Hoaxes, Ira Robbins
Anthrax Hoaxes, Ira Robbins
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: "[Y]ou are a disgusting piece of dirt."' Judge Steven Shutter, a county judge in South Florida, used these words to describe a twenty- four-year-old woman whom he labeled a terrorist2 and who was condemned by the media.3 Aside from name-calling, Judge Shutter raised the woman's bail from $3,500 to $25,000 when he learned the nature of the offense, 'just in case" the woman might be able to afford the lower bond.4 Given the strength of Judge Shutter's animosity toward her, one might assume that Yasmin Kassima Sealey- Doe had provided assistance to the terrorists who attacked the World Trade …
Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira Robbins
Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira Robbins
Articles in Law Reviews & Other Academic Journals
The grand jury practice of naming individuals as unindicted co-conspirators routinely results in injury to reputations,lost employment opportunities, and a practical inability to run for public office. Yet, because these individuals are not parties to a criminal trial, they have neither the right to present evidence northe opportunity to clear their names. Thus, Professor Robbins argues that the practice violates the Fifth Amendment guarantee that “[n]o person shall . . . be deprived of life, liberty, or property,without due process of law[.]” While prosecutors may offer many justifications to support the practice of namingunindicted co-conspirators, these reasons do not withstand …
What To Do With Bin Laden And Al Qaeda Terrorists?: A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson
What To Do With Bin Laden And Al Qaeda Terrorists?: A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
This article, published in a special post 9-11 issue of the Harvard Journal of Law & Public Policy, offers a defense of the view that terrorists such as Osama Bin Laden should be tried, if captured, outside of regular US civilian courts and in some form of military commission.
The article argues that terrorists should be seen as criminals as well as enemies of the United States. Criminals who are simply deviants from the domestic social order are properly dealt with within the constitutionally constituted civilian court structure. Enemies who are not also criminals - legal combatants - are properly …
A Claim For Third Party Standing In America's Prisons, N. Jeremi Duru
A Claim For Third Party Standing In America's Prisons, N. Jeremi Duru
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The American Prosecutor: Independence, Power, And The Threat Of Tyranny, Angela J. Davis
The American Prosecutor: Independence, Power, And The Threat Of Tyranny, Angela J. Davis
Articles in Law Reviews & Other Academic Journals
This Article compares the power, practices, and policies of the Independent Counsel with those of ordinary state and federal prosecutors and suggests that the purported distinctions turn out to be illusory. Part I charts the principal structural characteristics of the Independent Counsel and regular prosecutors, with particular focus on prosecutorial discretion and the charging power. This section notes the public outrage over former Independent Counsel Kenneth Starr and argues that the American prosecutor deserves similar scrutiny. Using illustrations from the author’s former experience as a public defender, this Part explains how regular prosecutors engage in the same acts of misconduct …
The Imprint Of Kosovo On International Law, Diane Orentlicher
The Imprint Of Kosovo On International Law, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Bill Of Rights And The Constitution: Facing The Challenge Of The Future, Stephen Wermiel
The Bill Of Rights And The Constitution: Facing The Challenge Of The Future, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Resolving Tensions Between Copyright And The Internet, Walter Effross
Resolving Tensions Between Copyright And The Internet, Walter Effross
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Law And Human Dignity: The Judicial Soul Of Justice Brennan, Stephen Wermiel
Law And Human Dignity: The Judicial Soul Of Justice Brennan, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Case Against The Prison-Industrial Complex, Ira P. Robbins
The Case Against The Prison-Industrial Complex, Ira P. Robbins
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Confirming The Constitution: The Role Of The Senate Judiciary Committee, Stephen Wermiel
Confirming The Constitution: The Role Of The Senate Judiciary Committee, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Revitalization Of The Common-Law Civil Writ Of Audita Querela As A Post-Conviction Remedy In Criminal Cases: The Immigration Context And Beyond, Ira Robbins
Articles in Law Reviews & Other Academic Journals
Introduction: An alien lawfully enters the United States in 1972. He gets a job, gets married, and becomes a productive worker in the community. He is subsequently convicted of a felony, such as making false statements on a loan application. As a result, the Immigration and Naturalization Service (INS) brings deportation proceedings against him. The individual will seek any means possible to vacate the conviction, in order to stay in this country.' This Article explores whether the writ of audita querela. primarily used to provide post-judgment relief in civil cases at common law, can be used to challenge criminal convictions …
Has The Contract Clause Counter-Revolution Halted? Rhetoric, Rights, And Markets In Constitutional Analysis, Jonathan Baker
Has The Contract Clause Counter-Revolution Halted? Rhetoric, Rights, And Markets In Constitutional Analysis, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Federalism, State Prison Reform, And Evolving Standards Of Human Decency: On Guessing, Stressing, And Redressing Constitutional Rights, Ira P. Robbins
Federalism, State Prison Reform, And Evolving Standards Of Human Decency: On Guessing, Stressing, And Redressing Constitutional Rights, Ira P. Robbins
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira P. Robbins, Michael B. Buser
Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira P. Robbins, Michael B. Buser
Articles in Law Reviews & Other Academic Journals
No abstract provided.