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Articles 1 - 5 of 5

Full-Text Articles in Law

Cooper's Quiet Demise (A Short Response To Professor Strauss), Frederic M. Bloom Jan 2008

Cooper's Quiet Demise (A Short Response To Professor Strauss), Frederic M. Bloom

Articles

No abstract provided.


Delivering User-Centric Services At The Colorado Supreme Court Library, Robert M. Linz Jan 2008

Delivering User-Centric Services At The Colorado Supreme Court Library, Robert M. Linz

Articles

No abstract provided.


The Accounting: Habeas Corpus And Enemy Combatants, Emily Calhoun Jan 2008

The Accounting: Habeas Corpus And Enemy Combatants, Emily Calhoun

Articles

The judiciary should impose a heavy burden of justification on the executive when a habeas petitioner challenges the accuracy of facts on which an enemy combatant designation rests. A heavy burden of justification will ensure that the essential institutional purposes of the writ--and legitimate, separated-powers government--are preserved, even during times of national exigency. The institutional purposes of the writ argue for robust judicial review rather than deference to the executive. Moreover, the procedural flexibility traditionally associated with the writ gives the judiciary the tools to ensure that a heavy burden of justification can be imposed.


State Courts Unbound, Frederic M. Bloom Jan 2008

State Courts Unbound, Frederic M. Bloom

Articles

We may not think that state courts disobey binding Supreme Court precedent, but occasionally state courts do. In a number of important cases, state courts have actively defied apposite Supreme Court doctrine, and often it is the Court itself that has invited them to.

This Article shows state courts doing the unthinkable: flouting Supreme Court precedent, sometimes at the Court's own behest. The idea of state court defiance may surprise us. It is not in every case, after all, that state courts affirmatively disobey. But rare events still have their lessons, and we should ask how and why they ...


The Early History Of The Colorado Court Of Appeals, Robert M. Linz, Claire E. Munger Jan 2008

The Early History Of The Colorado Court Of Appeals, Robert M. Linz, Claire E. Munger

Articles

No abstract provided.