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Full-Text Articles in Law
Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti
Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti
Carrie Leonetti
Anomalousness in a state’s criminal procedure(s), standing alone, is sufficient (to constitute a violation of substantive due process and that the substantive process due to a criminal defendant in a state with an anomalous criminal procedure is the process that would be provided to a similarly situated defendant in a mainstream jurisdiction. This does not mean that the fact that a majority of jurisdictions fails to afford a particular beneficial procedure to a criminal defendant means that such procedure is not guaranteed by due process. Nor is the recognition of a right by a majority of jurisdictions dispositive of whether …
Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti
Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti
Carrie Leonetti
Anomalousness in a state’s criminal procedure(s), standing alone, is sufficient (to constitute a violation of substantive due process and that the substantive process due to a criminal defendant in a state with an anomalous criminal procedure is the process that would be provided to a similarly situated defendant in a mainstream jurisdiction. This does not mean that the fact that a majority of jurisdictions fails to afford a particular beneficial procedure to a criminal defendant means that such procedure is not guaranteed by due process. Nor is the recognition of a right by a majority of jurisdictions dispositive of whether …
Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti
Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti
Carrie Leonetti
Anomalousness in a state’s criminal procedure(s), standing alone, is sufficient (to constitute a violation of substantive due process and that the substantive process due to a criminal defendant in a state with an anomalous criminal procedure is the process that would be provided to a similarly situated defendant in a mainstream jurisdiction. This does not mean that the fact that a majority of jurisdictions fails to afford a particular beneficial procedure to a criminal defendant means that such procedure is not guaranteed by due process. Nor is the recognition of a right by a majority of jurisdictions dispositive of whether …
Justicia Militar Y Derechos Humanos, Claudio Fuentes Maureira
Justicia Militar Y Derechos Humanos, Claudio Fuentes Maureira
Claudio Fuentes Maureira
En diciembre de 2010 se publicó una reforma a la justicia militar que excluyó a los civiles de su jurisdicción, lo que fue celebrado por el Gobierno como un significativo paso hacia la democratización de esta jurisdicción, la misma que le valió a Chile una condena internacional en 2005. No obstante, mantuvo la competencia de tribunales militares para conocer delitos cometidos por miembros de las Fuerzas Armadas y de Orden, lo cual sigue estando por debajo de los estándares que obligan a Chile. A ello se suma que aún está pendiente la reforma orgánica y procedimental de la justicia militar, …
Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti
Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti
Carrie Leonetti
Anomalousness in a state’s criminal procedure(s), standing alone, is sufficient (to constitute a violation of substantive due process and that the substantive process due to a criminal defendant in a state with an anomalous criminal procedure is the process that would be provided to a similarly situated defendant in a mainstream jurisdiction. This does not mean that the fact that a majority of jurisdictions fails to afford a particular beneficial procedure to a criminal defendant means that such procedure is not guaranteed by due process. Nor is the recognition of a right by a majority of jurisdictions dispositive of whether …
Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti
Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti
Carrie Leonetti
Anomalousness in a state’s criminal procedure(s), standing alone, is sufficient (to constitute a violation of substantive due process and that the substantive process due to a criminal defendant in a state with an anomalous criminal procedure is the process that would be provided to a similarly situated defendant in a mainstream jurisdiction. This does not mean that the fact that a majority of jurisdictions fails to afford a particular beneficial procedure to a criminal defendant means that such procedure is not guaranteed by due process. Nor is the recognition of a right by a majority of jurisdictions dispositive of whether …
Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti
Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti
Carrie Leonetti
Anomalousness in a state’s criminal procedure(s), standing alone, is sufficient (to constitute a violation of substantive due process and that the substantive process due to a criminal defendant in a state with an anomalous criminal procedure is the process that would be provided to a similarly situated defendant in a mainstream jurisdiction. This does not mean that the fact that a majority of jurisdictions fails to afford a particular beneficial procedure to a criminal defendant means that such procedure is not guaranteed by due process. Nor is the recognition of a right by a majority of jurisdictions dispositive of whether …
Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti
Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti
Carrie Leonetti
Anomalousness in a state’s criminal procedure(s), standing alone, is sufficient (to constitute a violation of substantive due process and that the substantive process due to a criminal defendant in a state with an anomalous criminal procedure is the process that would be provided to a similarly situated defendant in a mainstream jurisdiction. This does not mean that the fact that a majority of jurisdictions fails to afford a particular beneficial procedure to a criminal defendant means that such procedure is not guaranteed by due process. Nor is the recognition of a right by a majority of jurisdictions dispositive of whether …
Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti
Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti
Carrie Leonetti
Anomalousness in a state’s criminal procedure(s), standing alone, is sufficient (to constitute a violation of substantive due process and that the substantive process due to a criminal defendant in a state with an anomalous criminal procedure is the process that would be provided to a similarly situated defendant in a mainstream jurisdiction. This does not mean that the fact that a majority of jurisdictions fails to afford a particular beneficial procedure to a criminal defendant means that such procedure is not guaranteed by due process. Nor is the recognition of a right by a majority of jurisdictions dispositive of whether …
Bad Science Makes Bad Law: How The Deference Afforded To Psychiatry Undermines Civil Liberties, Samantha Godwin
Bad Science Makes Bad Law: How The Deference Afforded To Psychiatry Undermines Civil Liberties, Samantha Godwin
Samantha Godwin
Courts and lawmakers trust psychiatric expertise when making judicial and public policy decisions concerning mental health, but is this trust well placed? This paper adopts a philosophy of science approach informed by medical research to evaluating the validity of psychiatric classification. This provides the basis for an interdisciplinary critical analysis of civil commitment law and use of psychiatric expert witnesses in light of legal evidence standards. This analysis demonstrates that involuntary civil commitment as it now stands is incompatible with broader due process and civil rights concerns and affords an unjustifiable evidentiary status to psychiatric diagnosis.
Shoot First And Ask Legal Questions Later: Evaluating The Legality Of Us Policy Of The Targeted Killing Of Us Citizens Suspected Of Terrorism, Sarah M. Riley Esq.
Shoot First And Ask Legal Questions Later: Evaluating The Legality Of Us Policy Of The Targeted Killing Of Us Citizens Suspected Of Terrorism, Sarah M. Riley Esq.
Sarah M. Riley Esq.
In February, 2010, Director of National Intelligence Dennis Blair admitted that it is U.S. policy to deliberately target and kill U.S. citizens who are suspected of being involved in terrorism abroad. Such a policy raises serious legal questions at the international and domestic levels. This article exams the international legal issue of assassination and targeted killings, exploring when such killings are extra-legal. Determinations of the international legal categorization of the “war on terror” are made. While the conclusion that the United States is involved in non-international armed conflict with Al Qadea clarifies the international legal parameters of targeted killings, domestic …
The Rule Of Law At The Crossroads: Consequences Of Targeted Killing Of Citizens, Ryan P. Alford
The Rule Of Law At The Crossroads: Consequences Of Targeted Killing Of Citizens, Ryan P. Alford
Ryan P Alford
In December 2010 (in Al-Aulaqi v. Obama) the District Court held that the President's decision to authorize the targeted killing of American citizen could not be reviewed in any court. The article discusses whether this decision is compatible with the vision of the rule of law embodied in the Constitution and the Bill of Rights, which is illuminated with an explanation of the historical analysis of the key influences on the Framers. It concludes that the Al-Aulaqi decision is a more significant threat to our constitutional order than the indefinite detention enjoined by Hamdi v. Rumsfeld, and accordingly this warrants …
The Medical Device Federal Preemption Trilogy: Salvaging Due Process For Injured Patients, Demetria D. Frank-Jackson
The Medical Device Federal Preemption Trilogy: Salvaging Due Process For Injured Patients, Demetria D. Frank-Jackson
Demetria D Frank-Jackson
Ignoring over a century of tort law precedence, ultimately leaving thousands of people all over the country injured by medical devices without remedy, the prevailing jurisprudence on medical device federal preemption is both current and relevant. Due to the inherent ambiguity of the preemption provision Medical Device Amendments of 1976, where contemporary medical device litigation had its beginnings, the regulatory nature of common law tort claims against medical device manufacturers has been overwhelming called into question. Given this socio-judicial backdrop, the Article focuses on two rapidly developing areas of law: (1) preemption of certain medical device claims following the U.S. …
Prosecuting Charles Taylor’S Son For Torture: A Step Toward The Domestication Of International Law, Thomas J. G. Scott
Prosecuting Charles Taylor’S Son For Torture: A Step Toward The Domestication Of International Law, Thomas J. G. Scott
Thomas J. G. Scott
Several federal statutes criminalize conduct by foreigners that has no relation to the United States. These statutes, and the prosecutions conducted pursuant to them, raise questions about Congress’s legislative authority and individuals’ Due Process rights in a globalized world. In part to avoid thorny issues about the relationship between constitutional law and international law, the U.S. has not – aside from piracy cases – pursued any prosecutions based purely on universal jurisdiction. Despite these challenges, human rights activists remain hopeful that U.S. courts will soon exercise jurisdiction over – and thus end impunity for – atrocities committed abroad. The 2008 …