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Full-Text Articles in Law
The Torture Of Sami Al Arian, C. Peter Erlinder
The Torture Of Sami Al Arian, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
The Natural Right Of Self-Defense: Heller's Lesson For The World, David B. Kopel
The Natural Right Of Self-Defense: Heller's Lesson For The World, David B. Kopel
David B Kopel
The U.S. Supreme Court's decision in District of Columbia v. Heller constitutionalized the right of self-defense, and described self-defense as a natural, inherent right. Analysis of natural law in Heller shows why Justice Stevens' dissent is clearly incorrect, and illuminates a crucial weakness in Justice Breyer's dissent. The constitutional recognition of the natural law right of self-defense has important implications for American law, and for foreign and international law.
Yick Wo And The Constitutional Regulation Of Criminal Law, Darryl K. Brown
Yick Wo And The Constitutional Regulation Of Criminal Law, Darryl K. Brown
Darryl K. Brown
This comment on Jack Chin's revisionist account of the U.S. Supreme Court's Yick Wo decision elaborates on the history of and reasons for the Court's longstanding refusal to develop constitutional doctrines that limit the substantive reach of criminal law.