Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
With Malice Toward Some: United States V. Kirby, Malicious Prosecution, And The Fourteenth Amendment, David J. Achtenberg
With Malice Toward Some: United States V. Kirby, Malicious Prosecution, And The Fourteenth Amendment, David J. Achtenberg
Faculty Works
In 1869, the Supreme Court treated United States v. Kirby as a simple case. In 1994, it treated Albright v. Oliver as a case divorced from history. Understanding the factual complexity of Kirby provides the historical framework missing from Albright and casts new light on the issue of whether the Fourteenth Amendment forbids malicious prosecution.
United States v. Kirby appeared straightforward. John W. Kirby was indicted for interferring with the United States mail by detaining a mail agent, Dr. Cyrus W. Farris, and a mail steamer. John Kirby's defense was simple. He was the sheriff of Gallatin County, Kentucky. The …
The Other Right-To-Life Debate: When Does Fourteenth Amendment Life End, Douglas O. Linder
The Other Right-To-Life Debate: When Does Fourteenth Amendment Life End, Douglas O. Linder
Faculty Works
No abstract provided.