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Articles 1 - 5 of 5

Full-Text Articles in Law

Domination, Justice And The Cult Of Violence, Stephen P. Wink Jan 1994

Domination, Justice And The Cult Of Violence, Stephen P. Wink

Stephen P Wink

No abstract provided.


El Derecho Como Jurisprudencia, Jorge Carlos Adame Jan 1994

El Derecho Como Jurisprudencia, Jorge Carlos Adame

Jorge Adame Goddard

No abstract provided.


The Public Trust Doctrine: The Public Trust Doctrine And Takings: A Post-Lucas View, Martin H. Belsky Jan 1994

The Public Trust Doctrine: The Public Trust Doctrine And Takings: A Post-Lucas View, Martin H. Belsky

Martin H. Belsky

During the last five years, the United States Supreme Court has evolved a new "takings" doctrine. Starting with Nollan v. California Coastal Commission and then most recently in Lucas v. South Carolina Coastal Council, the Court has sent a clear message to land-use regulators. General regulatory control over land-use will now be carefully scrutinized. If a type of land-use is barred or substantially restricted, it will be found to be a "taking" requiring compensation, unless such controls can be justified as based on historic common law principles of property law. This Article will review the evolution of this new doctrine …


Living With Miranda: A Reply To Professor Grano, Martin H. Belsky Jan 1994

Living With Miranda: A Reply To Professor Grano, Martin H. Belsky

Martin H. Belsky

Ten years ago, I wrote a review-Whither Miranda -of Liva Baker's book, Miranda: Crime, Law & Politics. In that article, I suggested that Miranda v. Arizona actually has had little impact on the day-to-day operations of the police or other investigative agencies. Interviews, questioning, and interrogations are conducted almost exactly as they had been before Miranda, except for the addition of warning cards in formal settings.

In addition, I argued Miranda's value as a legal precedent has been minimal. “Today, in almost all the cases involving admissions, the essential issue is voluntariness, the same issue stressed before Miranda. The only …


Foreword: The Jurisprudence Of Reconstruction, Angela Harris Dec 1993

Foreword: The Jurisprudence Of Reconstruction, Angela Harris

Angela P Harris

No abstract provided.