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Articles 1 - 5 of 5
Full-Text Articles in Law
Committee For Public Education And Religious Liberty V. Regan, Lewis F. Powell Jr.
Committee For Public Education And Religious Liberty V. Regan, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Agins V. City Of Tiburon, Lewis F. Powell Jr.
Agins V. City Of Tiburon, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Rites Of Passage: Race, The Supreme Court, And The Constitution, William W. Van Alstyne
Rites Of Passage: Race, The Supreme Court, And The Constitution, William W. Van Alstyne
Faculty Publications
No abstract provided.
A Defense Of The Exclusionary Rule, Yale Kamisar
A Defense Of The Exclusionary Rule, Yale Kamisar
Articles
The exclusionary rule is being flayed with increasing vigor by a number of unrelated sources and with a variety of arguments. Some critics find it unworkable and resort to empirically based arguments. Others see it as the product of a belated and unwarranted judicial interpretation. Still others, uncertain whether the rule works, are confident that in some fashion law enforcement's hands are tied. Professor Yale Kamisar, long a defender of the exclusionary rule, reviews the current attacks on the rule and offers a vigorous rebuttal. He finds it difficult to accept that there is a line for acceptable police conduct …
In Their Own Image: The Reframing Of The Due Process Clause By The United States Supreme Court, J. Ralph Beaird
In Their Own Image: The Reframing Of The Due Process Clause By The United States Supreme Court, J. Ralph Beaird
Scholarly Works
A distinguished constitutional scholar recently pointed out that "many of the important decisions of the Supreme Court of the United States are not based on law in the popular sense of that term." It is true, he noted, that "the court endeavors to identify Constitutional clauses upon which to hang its pronouncements." "[S]ome key words and phrases in the Constitution," however, "are so highly indeterminate that they cannot really qualify as law in any usual sense." Rather, he said, "they are semantic blanks--verbal vacuums that may be filled readily with any one of many possible meanings." Thus, it is not …