Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- United States Supreme Court (31)
- Law reform (6)
- Police (5)
- History (4)
- Judicial review (4)
-
- Liability (4)
- Sixth Amendment (4)
- Admissibility (3)
- Commerce Clause (3)
- Confrontation Clause (3)
- Crawford v. Washington (3)
- Cross-examination (3)
- Intent (3)
- Searches (3)
- Testimony (3)
- Witnesses (3)
- Class actions (2)
- Constitution (2)
- Decision making (2)
- Federal agencies (2)
- Federalism (2)
- Freedom of speech (2)
- GPS (2)
- Hearsay (2)
- Mandatory arbitration (2)
- Melendez-Diaz v. Massachusetts (2)
- Patent law (2)
- Race and law (2)
- Racial discrimination (2)
- Risk (2)
- Publication
- Publication Type
Articles 31 - 32 of 32
Full-Text Articles in Law
Who Said The Crawford Revolution Would Be Easy?, Richard D. Friedman
Who Said The Crawford Revolution Would Be Easy?, Richard D. Friedman
Articles
One of the central protections of our system of criminal justice is the right of the accused in all criminal prosecutions "to be confronted with the witnesses against him." It provides assurance that prosecution witnesses will give their testimony in the way demanded for centuries by Anglo-American courts-in the presence of the accused, subject to cross-examination- rather than in any other way. Witnesses may not, for example, testify by speaking privately to governmental agents in a police station or in their living rooms. Since shortly after it was adopted, however, the confrontation right became obscured by the ascendance of a …
How The Gun-Free School Zones Act Saved The Individual Mandate, Richard A. Primus
How The Gun-Free School Zones Act Saved The Individual Mandate, Richard A. Primus
Articles
For all the drama surrounding the Commerce Clause challenge to the in-dividual mandate provision of the Patient Protection and Affordable Care Act (“PPACA”), the doctrinal question presented is simple. Under existing doctrine, the provision is as valid as can be. To be sure, the Supreme Court could alter existing doctrine, and many interesting things could be written about the dynamics that sometimes prompt judges to strike out in new directions under the pressures of cases like this one. But it is not my intention to pursue that possibility here. My own suspicion, for what it is worth, is that the …