Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 7 of 7
Full-Text Articles in Law
Forfeitures And The Eighth Amendment: A Practical Approach To The Excessive Fines Clause As A Check On Government Seizures, David Pimentel
Forfeitures And The Eighth Amendment: A Practical Approach To The Excessive Fines Clause As A Check On Government Seizures, David Pimentel
Articles
No abstract provided.
Public Employee Speech: Answering The Unanswered And Related Questions In Lane V. Franks, John E. Rumel
Public Employee Speech: Answering The Unanswered And Related Questions In Lane V. Franks, John E. Rumel
Articles
No abstract provided.
Civil Asset Forfeiture Abuses: Can State Legislation Solve The Problem?, David Pimentel
Civil Asset Forfeiture Abuses: Can State Legislation Solve The Problem?, David Pimentel
Articles
No abstract provided.
Forfeitures And The Eighth Amendment: A Practical Approach To The Excessive Fines Clause As A Check On Government Seizures, David Pimentel
Forfeitures And The Eighth Amendment: A Practical Approach To The Excessive Fines Clause As A Check On Government Seizures, David Pimentel
Articles
No abstract provided.
Civil Asset Forfeiture Abuses: Can State Legislation Solve The Problem?, David Pimentel
Civil Asset Forfeiture Abuses: Can State Legislation Solve The Problem?, David Pimentel
Articles
No abstract provided.
Supreme Court Supremacy In A Time Of Turmoil, Richard Henry Seamon
Supreme Court Supremacy In A Time Of Turmoil, Richard Henry Seamon
Articles
Last term's decision in James v. City of Boise encapsulates the current civil rights turmoil and the legal system's inadequate response to it. In James, the U.S. Supreme Court reversed a decision in which the Idaho Supreme Court (1) awarded attorney's fees against a civil rights plaintiff despite her credible claim of excessive police force and (2) denied that it was bound by U.S. Supreme Court decisions interpreting the federal statute authorizing the award. Although the Court in James reaffirmed the state courts' well-settled duty to obey the Court's decisions on federal law, this article shows that the duty rests …
First Amendment Right To A Remedy, Benjamin Plener Cover
First Amendment Right To A Remedy, Benjamin Plener Cover
Articles
Scholars and jurists agree that the First Amendment right “to petition the Government for a redress of grievances” includes a right of court access, but narrowly define this right as the right to file a lawsuit. This dominant view fails to meaningfully differentiate between the right to petition, the freedom of speech, and due process, missing the distinct significance of the Petition Clause when individuals petition courts. The most significant threats to court access today occur after the filing stage, when courts deny or limit remedies to legally injured persons — by enforcing a mandatory arbitration provision or an exhaustion …