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Full-Text Articles in Law
Under School Colors: Private University Police As State Actors Under § 1983, Leigh J. Jahnig
Under School Colors: Private University Police As State Actors Under § 1983, Leigh J. Jahnig
Northwestern University Law Review
Under 42 U.S.C. § 1983, individuals may sue those who violate their constitutional rights while acting under color of state law. The Supreme Court has held that private actors may act under color of state law, and may be sued under § 1983 in some circumstances. However, courts have not been consistent in determining whether private university police forces act under color of state law. Private universities often maintain police forces that are given extensive police powers by state statutes but are controlled by private entities. Some courts have looked directly to the state statutes that delegate police power, but …
Choice Of Counsel And The Appearance Of Equal Justice Under Law, Wesley M. Oliver
Choice Of Counsel And The Appearance Of Equal Justice Under Law, Wesley M. Oliver
Northwestern University Law Review
Once a federal prosecutor obtains an indictment that seeks a forfeiture, a judge must permit the prosecutor to freeze all the potentially forfeitable assets that would be unavailable at the time of conviction. Obviously, funds used for the defense would fit into that category. Equally obvious is the tension between the government’s interest in assets that may be forfeitable and a defendant’s Sixth Amendment right to choice of counsel. A number of lower courts therefore had permitted defendants to seek release of the assets needed for a defense by challenging the grand jury’s determination that probable cause existed to believe …
Reclaiming The Equitable Heritage Of Habeas, Erica Hashimoto
Reclaiming The Equitable Heritage Of Habeas, Erica Hashimoto
Northwestern University Law Review
No abstract provided.