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Full-Text Articles in Law
Cocaine, Race, And Equal Protection, David Sklansky
Cocaine, Race, And Equal Protection, David Sklansky
David A Sklansky
No abstract provided.
Traffic Stops, Minority Motorists, And The Future Of The Fourth Amendment, David Sklansky
Traffic Stops, Minority Motorists, And The Future Of The Fourth Amendment, David Sklansky
David A Sklansky
No abstract provided.
Anti-Inquisitorialism, David Sklansky
Anti-Inquisitorialism, David Sklansky
David A Sklansky
A broad and enduring theme of Atherican jurisprudence treats the Continental, inquisitorial system of criminal procedure as epitomizing what our system is not; avoiding inquisitorialism has long been thought a core commitment of our legal heritage. This Article examines the various roles that anti-inquisitorialism has played and continues to play in shaping our criminal process, and then it assesses the attractiveness of anti-inquisitorialism as a guiding principle of American law. The Article begins by describing four particularly striking examples of anti-inquisitorialism at work: the Supreme Court's recent reinterpretation of the Confrontation Clause; the Court's invalidation of mandatory sentencing schemes that …