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Full-Text Articles in Law

Press Release – Constitutional Convention Weekly News Poster, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution Jul 1987

Press Release – Constitutional Convention Weekly News Poster, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution

Committees

No abstract provided.


Annual History Lecture Reminder, James L. Oakes May 1987

Annual History Lecture Reminder, James L. Oakes

Committees

No abstract provided.


Correspondence Re: Public Education #9, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution May 1987

Correspondence Re: Public Education #9, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution

Committees

No abstract provided.


Memo Re: Poster Headlines, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution May 1987

Memo Re: Poster Headlines, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution

Committees

No abstract provided.


Bicentennial Fair -- Public Education #10, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution Apr 1987

Bicentennial Fair -- Public Education #10, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution

Committees

No abstract provided.


Correspondence Re: Bicentennial Fair, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution Mar 1987

Correspondence Re: Bicentennial Fair, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution

Committees

No abstract provided.


Memo From Judge Lawrence Pierce Re: Bicentennial Matters, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution Mar 1987

Memo From Judge Lawrence Pierce Re: Bicentennial Matters, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution

Committees

No abstract provided.


5/26/1987 Minutes, Steering Subcommittee Meeting, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution Feb 1987

5/26/1987 Minutes, Steering Subcommittee Meeting, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution

Committees

No abstract provided.


Action On Funding Recommendations--Second Circuit Bicentennial Projects, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution Feb 1987

Action On Funding Recommendations--Second Circuit Bicentennial Projects, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution

Committees

No abstract provided.


Correspondence From Judge Pierce Re: Public Education #10, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution Feb 1987

Correspondence From Judge Pierce Re: Public Education #10, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution

Committees

No abstract provided.


Correspondence: Inaugural Ceremony, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution Feb 1987

Correspondence: Inaugural Ceremony, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution

Committees

No abstract provided.


Project Proposal Public Education #8, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution Jan 1987

Project Proposal Public Education #8, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution

Committees

No abstract provided.


Rjm Memo: 1987 Circuit Conference, Roger J. Miner '56 Jan 1987

Rjm Memo: 1987 Circuit Conference, Roger J. Miner '56

Committees

No abstract provided.


Do The United States Sentencing Guidelines Deprive Defendants Of Due Process?, Bradford Mank Jan 1987

Do The United States Sentencing Guidelines Deprive Defendants Of Due Process?, Bradford Mank

Faculty Articles and Other Publications

It is difficult to determine whether due process requires individualized sentencing because sentencing goals and practices have varied greatly during the course of this nation's history. A court applying Judge Bork's original intent doctrine of constitutional interpretation would probably reach a result different from that reached by a court employing a more liberal view of due process protections.1o It is likely that liberals and conservatives on the current Supreme Court would disagree on whether the Guidelines violate due process.

This article argues that the Guidelines can be saved and can satisfy due process requirements if the Supreme Court interprets the …


The Idea Of The Constitution As Hard Law, William W. Van Alstyne Jan 1987

The Idea Of The Constitution As Hard Law, William W. Van Alstyne

Faculty Publications

No abstract provided.


Notes On A Bicentennial Constitution: Part Ii, Antinomial Choices And The Role Of The Supreme Court, William W. Van Alstyne Jan 1987

Notes On A Bicentennial Constitution: Part Ii, Antinomial Choices And The Role Of The Supreme Court, William W. Van Alstyne

Faculty Publications

Continuing the examination of judicial review conducted around the Constitution’s bicentennial, this article lays bare the inconsistencies in the expected tasks of the Supreme Court. Where some roles of the Court have traditionally been treated as indivisible, examining those same roles separate from one another produces an incoherent view of the Court that is difficult to compromise.


The Permissible Scope Of Texas Automobile Inventory Searches In The Aftermath Of Colorado V. Bertine: A Talisman Is Created, Gerald S. Reamey, Michael H. Bassett, John A. Molchan Jan 1987

The Permissible Scope Of Texas Automobile Inventory Searches In The Aftermath Of Colorado V. Bertine: A Talisman Is Created, Gerald S. Reamey, Michael H. Bassett, John A. Molchan

Faculty Articles

The fourth amendment to the United States Constitution guarantees freedom from unreasonable searches and seizures. The warrant and probable cause requirements advance this constitutionally implied privacy right. However, with respect to automobile searches, strict adherence to these safeguards has been eschewed in favor of more flexible, and arguably less protective, versions of reasonableness.

In 1981, in Gill v. State, the Texas court addressed the permissible scope of inventory searches, holding that the police may not search the locked trunk of an automobile while conducting an inventory search. Despite the simplicity of the Gill rule, a number of recent cases, while …