Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
Articles 1 - 6 of 6
Full-Text Articles in Law
Rebutting The Strong Presumption Of Reliability For Effective Assistance: The Pursuit Of Cumulative Analysis For Strickland Claims In South Carolina, Benjamin Dudek
South Carolina Law Review
No abstract provided.
Distinguishing Between Procedural And Substantive Rules For Purposes Of Retroactivity On Collateral Review, Ryan C. Grover
Distinguishing Between Procedural And Substantive Rules For Purposes Of Retroactivity On Collateral Review, Ryan C. Grover
South Carolina Law Review
No abstract provided.
Where Have You Been - Your Phone Knows (And So Might The Police), W. Jacob Henerey
Where Have You Been - Your Phone Knows (And So Might The Police), W. Jacob Henerey
South Carolina Law Review
No abstract provided.
Windsor Beyond Marriage: Due Process, Equality & Undocumented Immigration, Anthony O'Rourke
Windsor Beyond Marriage: Due Process, Equality & Undocumented Immigration, Anthony O'Rourke
William & Mary Law Review
The Supreme Court’s recent decision in United States v. Windsor, invalidating part of the federal Defense of Marriage Act, presents a significant interpretive challenge. Early commentators have criticized the majority opinion’s lack of analytical rigor, and expressed doubt that Windsor can serve as a meaningful precedent with respect to constitutional questions outside the area of same-sex marriage. This Article offers a more rehabilitative reading of Windsor and shows how the decision can be used to analyze a significant constitutional question concerning the use of state criminal procedure to regulate immigration.
From Windsor’s holding, the Article distills two concrete doctrinal propositions …
The Conversational Consent Search: How “Quick Look” And Other Similar Searches Have Eroded Our Constitutional Rights, Alexander A. Mikhalevsky
The Conversational Consent Search: How “Quick Look” And Other Similar Searches Have Eroded Our Constitutional Rights, Alexander A. Mikhalevsky
Georgia State University Law Review
One area in which law enforcement agencies have stretched constitutional limits concerns the scope of a suspect’s consent to search his or her vehicle. Police forces across the country have tested the limits of consent by asking vague, conversational questions to suspects with the goal of obtaining a suspect’s consent to search, even though that individual may not want to allow the search or may not know that he or she has the right to deny consent.
Conversational phrases like “Can I take a quick look?” or “Can I take a quick look around?” have “emerg[ed] as . . . …
Fact And Fiction In Constitutional Criminal Procedure, Kathryne M. Young, Christin L. Munsch
Fact And Fiction In Constitutional Criminal Procedure, Kathryne M. Young, Christin L. Munsch
South Carolina Law Review
No abstract provided.