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Full-Text Articles in Law
Justice Thomas's Kelo Dissent: The Perilous And Political Nature Of Public Purpose, Carol N. Brown
Justice Thomas's Kelo Dissent: The Perilous And Political Nature Of Public Purpose, Carol N. Brown
Law Faculty Publications
This Essay submits that the arguments that Justice Thomas constructed in his dissent were appropriately focused on the inherently political nature of the Fifth Amendment's Public Use Clause. Unlike the majority, Justice Thomas recognized that when the Supreme Court broadly interprets the public use restriction of the Fifth Amendment's Takings Clause, and at the same time defers to political actors in this arena, it fundamentally abdicates its constitutional responsibility. By deferring to political actors in this area, the Court in Kelo fundamentally abdicated its responsibility and also adopted a majoritarian doctrinal approach. Further, the Court conflated political ends with constitutional …
A Survey Of The History Of The Death Penalty In The United States, Sheherezade C. Malik, D. Paul Holdsworth
A Survey Of The History Of The Death Penalty In The United States, Sheherezade C. Malik, D. Paul Holdsworth
University of Richmond Law Review
No abstract provided.
Same-Sex Marriage And Due Process Traditionalism, Ronald Turner
Same-Sex Marriage And Due Process Traditionalism, Ronald Turner
University of Richmond Law Review
No abstract provided.
The Meaning Of Life (Or Limb): An Originalist Proposal For Double Jeopardy Reform, Justin W. Curtin
The Meaning Of Life (Or Limb): An Originalist Proposal For Double Jeopardy Reform, Justin W. Curtin
University of Richmond Law Review
No abstract provided.
Criminal Law, Marla Graff Decker, Stephen R. Mccullough
Criminal Law, Marla Graff Decker, Stephen R. Mccullough
University of Richmond Law Review
No abstract provided.
Dusenbery V. United States: Setting The Standard For Adequate Notice, W. Alexander Burnett
Dusenbery V. United States: Setting The Standard For Adequate Notice, W. Alexander Burnett
University of Richmond Law Review
No abstract provided.
Taking The Takings Claim: A Policy And Economic Analysis Of The Survival Of Takings Claims After Property Transfers, Carol N. Brown
Taking The Takings Claim: A Policy And Economic Analysis Of The Survival Of Takings Claims After Property Transfers, Carol N. Brown
Law Faculty Publications
What ought to be the nature of an owner's right to pursue a regulatory takings claim when the regulation the owner seeks to challenge was in place when the owner acquired the regulated property? Some argue that an owner should not be entitled to challenge such a restriction as a Fifth Amendment taking if the property was already impaired by the regulation at the time the owner acquired it. Proponents of this view contend that allowing subsequent owners to challenge the enforcement of regulations, pre-dating their acquisition of title, and of which they had notice, would confer undeserved windfalls and …
Criminal Law And Procedure, Julie E. Mcconnell, Gregory Franklin, Craig Winston Stallard
Criminal Law And Procedure, Julie E. Mcconnell, Gregory Franklin, Craig Winston Stallard
University of Richmond Law Review
No abstract provided.
Self Incrimination And Cryptographic Keys, Greg S. Sergienko
Self Incrimination And Cryptographic Keys, Greg S. Sergienko
Richmond Journal of Law & Technology
The Fifth Amendment commands that no person "shall be compelled in any criminal case to be a witness against himself." However, extending current judicial interpretations of the Fourth and Fifth Amendments too far may allow the government easy access even to private documents, making one's diary and other documents accessible and admissible in court against their author. What the Court has taken away, technology has given. Modern cryptography can make it virtually impossible to decipher documents without the cryptographic key, thus making the availability of the contents of those documents depend on the availability of the key. This article examines …
The Law Whose Life Is Not Logic: Evidence Of Other Crimes In Criminal Cases, James W. Payne Jr.
The Law Whose Life Is Not Logic: Evidence Of Other Crimes In Criminal Cases, James W. Payne Jr.
University of Richmond Law Review
It is not the intention of the author to concentrate on generalizations in this article, but an introductory comment of a general character on this topic seems unavoidable. Assume that D is on trial for the rape of his fourteen-year-old daughter. He elects not to take the witness stand, claiming this right under the Fifth Amendment. (a) Could W, an older daughter, testify that D raped her several times when she was fourteen years old? (b) Could the prosecutor introduce evidence of a conviction of D for raping W when she was fourteen years old-i.e., would the foregoing offer of …