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Articles 1 - 30 of 230
Full-Text Articles in Law
Guilt: Henry Friendly Meets The Maharal Of Prague, Irene Merker Rosenberg, Yale L. Rosenberg
Guilt: Henry Friendly Meets The Maharal Of Prague, Irene Merker Rosenberg, Yale L. Rosenberg
Michigan Law Review
So while the overnight deliberation rule is at least partially bound up with the question of reliability and relates to the judicial process itself, the broader and more fundamental issue raised by this law is whether we should free the guilty to preserve a value that we deem necessary to proper working of the criminal justice process, regardless of the culpability of individual defendants. To this Judge Friendly's answer is generally no, 113 and the MaHaRaL's is yes.
The Breath Of The Unfee'd Lawyer: Statutory Fee Limitations And Ineffective Assistance Of Counsel In Capital Litigation, Albert L. Vreeland Ii
The Breath Of The Unfee'd Lawyer: Statutory Fee Limitations And Ineffective Assistance Of Counsel In Capital Litigation, Albert L. Vreeland Ii
Michigan Law Review
This Note argues that fee limitations deprive indigent defendants of their right to effective assistance of counsel. Part I of this Note reviews state court decisions that address Sixth Amendment challenges to fee limitations, yet fail to address the broader concerns about the appointed counsel system. Part II considers the inherent disincentives and burdens fee limitations impose on attorneys and suggests that the limits threaten the indigent accused's right to effective assistance of counsel. A comparison of the fee limitations and the time required to prepare and try a capital case reveals the gross inadequacy of statutory fee provisions. In …
Looking Back At City Of Richmond V. J.A. Croson Co.: Its Effects On State And Local Set-Aside Programs, Bryan B. Chambers
Looking Back At City Of Richmond V. J.A. Croson Co.: Its Effects On State And Local Set-Aside Programs, Bryan B. Chambers
BYU Law Review
No abstract provided.
Et Tu Raoul? Or The Original Misunderstanding Misunderstood, Stephen B. Presser
Et Tu Raoul? Or The Original Misunderstanding Misunderstood, Stephen B. Presser
BYU Law Review
No abstract provided.
The Sun Rises On The Florida Legislature: The Constitutional Amendment On Open Legislative Meetings, Thomas Ross Mcswain
The Sun Rises On The Florida Legislature: The Constitutional Amendment On Open Legislative Meetings, Thomas Ross Mcswain
Florida State University Law Review
No abstract provided.
Devolution Or Disunion: The Constitution After Meech Lake, Calvin Massey
Devolution Or Disunion: The Constitution After Meech Lake, Calvin Massey
Osgoode Hall Law Journal
Professor Massey discusses the theoretical benefits of decentralized federalism and proposes constitutional changes to obtain those benefits and to respond to the disparate aspirations of the Canadian polity. He proposes that the provinces and federal government share concurrent authority over most powers, with provincial legislation paramount in cases of conflict. He suggests an empowered Senate, partially selected by the provinces and partially appointed by the federal government, aboriginal self-government, and territorial Senate representation. Finally, Massey proposes altering the constitutional amending formula to enhance public participation and facilitate amendment where unanimity is not critical.
Partisan Gerrymandering: A New Concept For Florida's 1992 Reapportionment, Bill L. Bryant, Katherine E. Giddings, Mark E. Kaplan
Partisan Gerrymandering: A New Concept For Florida's 1992 Reapportionment, Bill L. Bryant, Katherine E. Giddings, Mark E. Kaplan
Florida State University Law Review
No abstract provided.
Paradox And Pandora's Box: The Tragedy Of Current Right-To-Die Jurisprudence, Cathaleen A. Roach
Paradox And Pandora's Box: The Tragedy Of Current Right-To-Die Jurisprudence, Cathaleen A. Roach
University of Michigan Journal of Law Reform
Part I of this Article examines the trilogy of recent right-to-die cases and contrasts the results of those cases with recent national opinion polls and statistical surveys of the issue. Part II examines federal and state legislative responses to the debate. It suggests that both the courts and legislatures are out of sync with an emerging national consensus on the death-with- dignity debate. In fact, the federal legislative response may only exacerbate the problem. Instead of creating new rights, it feeds individuals into the existing state network, which is a quagmire of confusing and inequitable statutory provisions. Part III examines …
Constitutional Law—Taxation—Intramedia Differential Tax Scheme Upheld. Leather V. Medlock, 111 S. Ct. 1438 (1991)., John W. Campbell
Constitutional Law—Taxation—Intramedia Differential Tax Scheme Upheld. Leather V. Medlock, 111 S. Ct. 1438 (1991)., John W. Campbell
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Freedom Of Religious Speech—When Freedom Of Speech In The Classroom Conflicts With The Establishment Clause. Bishop V. Aronov, 926 F.2d 1066 (11th Cir. 1991), D. Grant Carwile
University of Arkansas at Little Rock Law Review
No abstract provided.
Suny Buffalo & Military Recruiters: Funding Unconstitutional Conditions?, Christopher J. Kalil
Suny Buffalo & Military Recruiters: Funding Unconstitutional Conditions?, Christopher J. Kalil
Buffalo Law Review
No abstract provided.
Constitutional Law—Punitive Damages—Alabama's Common Law Scheme Of Awarding Punitive Damages Does Not Violate Due Process. Pacific Mutual Life Ins. Co. V. Haslip., Melody Sue Peacock
Constitutional Law—Punitive Damages—Alabama's Common Law Scheme Of Awarding Punitive Damages Does Not Violate Due Process. Pacific Mutual Life Ins. Co. V. Haslip., Melody Sue Peacock
University of Arkansas at Little Rock Law Review
No abstract provided.
Rethinking Civil Liberties Under The Washington State Constitution, James W. Talbot
Rethinking Civil Liberties Under The Washington State Constitution, James W. Talbot
Washington Law Review
In 1986 the Washington Supreme Court set forth six criteria for courts to apply in determining whether the state constitution affords broader protection for civil liberties than the federal Constitution. While making progress toward an independent interpretation of the state constitution, Washington courts remain overly dependent on federal precedent. This Comment explores Washington's approach to independent analysis of the state constitution by examining a recent Washington case extending a privacy interest to an individual's garbage. Washington's approach needs to be modified to emphasize independent analysis of the state constitution and thereby give effect to Washington's unique and vital constitutional heritage.
The Right Of Confrontation, Justice Scalia, And The Power And Limits Of Textualism, Bryan H. Wildenthal
The Right Of Confrontation, Justice Scalia, And The Power And Limits Of Textualism, Bryan H. Wildenthal
Washington and Lee Law Review
No abstract provided.
Employment Division V. Smith: A Giant Step Backwards In Free Exercise Jurisprudence, Randy T. Austin
Employment Division V. Smith: A Giant Step Backwards In Free Exercise Jurisprudence, Randy T. Austin
BYU Law Review
No abstract provided.
Original Intent: Bittker V. Berger, Raoul Berger
1991 Legislation, Reports And Debates Over Federally Funded Art: Arts Community Left With An "Indecent" Compromise
Washington and Lee Law Review
No abstract provided.
Rust V. Sullivan: The Supreme Court Upholds The Title X Abortion-Counseling Gag Rule, Scott E. Johnson
Rust V. Sullivan: The Supreme Court Upholds The Title X Abortion-Counseling Gag Rule, Scott E. Johnson
West Virginia Law Review
No abstract provided.
The Jurisdiction To Do Justice: Florida's Jury Override And The State Constitution, Michael Mello
The Jurisdiction To Do Justice: Florida's Jury Override And The State Constitution, Michael Mello
Florida State University Law Review
No abstract provided.
Constitutional Right Or Legislative Grace? The Status Of Conscientious Objection Exemptions, Spencer E. Davis, Jr.
Constitutional Right Or Legislative Grace? The Status Of Conscientious Objection Exemptions, Spencer E. Davis, Jr.
Florida State University Law Review
No abstract provided.
Deshaney V. Winnebago County Department Of Social Services, 489 U.S. 189 (1989), Kristen L. Davenport
Deshaney V. Winnebago County Department Of Social Services, 489 U.S. 189 (1989), Kristen L. Davenport
Florida State University Law Review
Due Process—CLAIMS OF ABUSED CHILDREN AGAINST STATE PROTECTIVE AGENCIES--THE STATE'S RESPONSIBILITY AFTER DeShaney v. Winnebago County Department of Social Services, 489 U.S. 189 (1989)
Cruzan V. Director, Missouri Department Of Health, 110 S. Ct. 2841 (1990), Christopher Supernor
Cruzan V. Director, Missouri Department Of Health, 110 S. Ct. 2841 (1990), Christopher Supernor
Florida State University Law Review
Constitutional Law-IGNORING AN INCOMPETENT PERSON'S CONSTITUTIONAL RIGHT TO FORGO LIFE-SUSTAINING TREATMENT
Modern Confession Law After Duckworth V. Eagan: What's The Use Of Explaining?, Julia C. Weissman
Modern Confession Law After Duckworth V. Eagan: What's The Use Of Explaining?, Julia C. Weissman
Indiana Law Journal
No abstract provided.
Original Intent And Boris Bittker, Raoul Berger
Original Intent And Boris Bittker, Raoul Berger
Indiana Law Journal
No abstract provided.
Observations On Raoul Berger's "Original Intent And Boris Bittker", Boris I. Bittker
Observations On Raoul Berger's "Original Intent And Boris Bittker", Boris I. Bittker
Indiana Law Journal
No abstract provided.
The Politics Of Toleration: The Establishment Clause And The Act Of Toleration Examined, Laura Zwicker
The Politics Of Toleration: The Establishment Clause And The Act Of Toleration Examined, Laura Zwicker
Indiana Law Journal
No abstract provided.
...Meech Lake To The Contrary Notwithstanding (Part Ii), Roderick A. Macdonald
...Meech Lake To The Contrary Notwithstanding (Part Ii), Roderick A. Macdonald
Osgoode Hall Law Journal
In this essay, which has been published in two parts, the author argues that the Meech Lake Accord was more than a hastily cobbled together political deal between the Prime Minister and ten provincial premiers. Despite the unattractive process by which the Meech Lake Accord was struck, and especially defended, despite the disingenuous character of the arguments most often advanced for its adoption, and despite its close connection with other aspects of the federal government's political agenda which many Canadians found suspicious, the Meech Lake Accord did respond to an important issue in post-patriation constitutionalism. A review of Canadian constitutional …
Burnham V. Superior Court Of California The Transient Jurisdiction Rule's Much Prophesied Death Sentence Is Commuted To Life, Todd P. Davis
Burnham V. Superior Court Of California The Transient Jurisdiction Rule's Much Prophesied Death Sentence Is Commuted To Life, Todd P. Davis
Mercer Law Review
In Burnham v. Superior Court of California, the Supreme Court attempted to determine whether the due process clause of the fourteenth amendment denied a state court from exercising personal jurisdiction over a nonresident, who was personally served with process while temporarily in that state, in a suit unrelated to his activities in the state. The Court, however, could only concur in the judgment issued by the lower court because it failed to agree upon the method of analysis necessary to resolve the issue before it. Justice Scalia, joined by Chief Justice Rehnquist and Justice Kennedy announced the judgment of …
Constitutional Law—Civil, Albert Sidney Johnson, Susan Cole Mullis
Constitutional Law—Civil, Albert Sidney Johnson, Susan Cole Mullis
Mercer Law Review
During the 1990 survey period, the United States Court of Appeals for the Eleventh Circuit applied recent precedent from the United States Supreme Court in important areas of constitutional civil law such as due process and the measure of damages in fifth amendment just compensation cases. Additionally, the court attempted to resolve issues not yet addressed by the higher court in the areas of qualified immunity of government officials from civil damages, subject matter jurisdiction, and appellate jurisdiction. The court's conflicting panel opinions on the issues of qualified immunity, appellate jurisdiction, and frivolity determinations during 1990 indicate important evolutionary activity …
Constitutional Criminal Procedure, John L. Carroll
Constitutional Criminal Procedure, John L. Carroll
Mercer Law Review
In 1990 the United States Court of Appeals for the Eleventh Circuit was a court in transition. In the Fall of 1989, Judges Roney and Hill took senior status. Then in December of 1989, Judge Vance fell victim to a mail bomb which had been sent to his house. The court then entered 1990 with three vacancies and a tremendous workload. President Bush made appointments to fill two of those vacancies. Judge Birch joined the court on June 12, 1990, and Judge Dubina moved up from the district court of the Middle District of Alabama on October 5, 1990. Despite …