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Articles 1 - 16 of 16
Full-Text Articles in Law
Witness Hide-And-Seek: Why Federal Prosecutors Should Record Pretrial Interviews, Christina Frohock, Jeffrey E. Marcus
Witness Hide-And-Seek: Why Federal Prosecutors Should Record Pretrial Interviews, Christina Frohock, Jeffrey E. Marcus
Articles
This Article pays long-overdue attention to a federal appellate court's warning against "playing hide-and-seek" with witnesses. Specifically, prosecutors should record interviews. While courtroom cameras dominate the topic of judicial transparency, cameras can play a critical role in a sleepier corner of criminal proceedings: pretrial witness interviews. The Article first tracks the history of open judicial proceedings as a tradition of our Anglo- American jurisprudence. Next, the Article identifies the normative thread running through that history. Fairness may suffer when cameras transform public proceedings into publicized proceedings. Finally, the Article argues that this same issue of fairness applies to pretrial witness …
Against Fascism: Toward A Latcritical Legal Genealogy, Elizabeth M. Iglesias
Against Fascism: Toward A Latcritical Legal Genealogy, Elizabeth M. Iglesias
Articles
No abstract provided.
The Effects Of Anti-Immigrant Laws In The U.S. On Victims Of Domestic Violence, Sexual Assault, And Human Trafficking: A Gender-Based Human Rights Analysis, Caroline Bettinger-López, Jamila Flomo, Amanda Suarez
The Effects Of Anti-Immigrant Laws In The U.S. On Victims Of Domestic Violence, Sexual Assault, And Human Trafficking: A Gender-Based Human Rights Analysis, Caroline Bettinger-López, Jamila Flomo, Amanda Suarez
Articles
No abstract provided.
Jewish Honor Courts: Revenge, Retribution, And Reconciliation In Europe And Israel After The Holocaust, David Abraham
Jewish Honor Courts: Revenge, Retribution, And Reconciliation In Europe And Israel After The Holocaust, David Abraham
Articles
No abstract provided.
The Erie-Ness Of The Rules, Sergio J. Campos
Response: Means, Ends, And Institutions, Charlton C. Copeland
Response: Means, Ends, And Institutions, Charlton C. Copeland
Articles
No abstract provided.
From Citizen Suits To Conservation Easements: The Increasing Private Role In Public Permit Enforcement, Jessica Owley
From Citizen Suits To Conservation Easements: The Increasing Private Role In Public Permit Enforcement, Jessica Owley
Articles
The past 40 years have seen an increase in the involvement of private actors in environmental law. One of the best-known (and arguably best-loved) methods for public involvement is the citizen suit. This popular method of public enforcement of environmental permits (among other things) has been joined by the use of conservation easements. Conservation easements are increasingly used to meet permit mitigation requirements. When private nonprofits hold these exacted conservation easements, they assume the role of permit enforcers. It is their job to ensure that conservation easement terms are complied with, giving them oversight and control over one of the …
Federal Law In State Court: Judicial Federalism Through A Relational Lens, Charlton C. Copeland
Federal Law In State Court: Judicial Federalism Through A Relational Lens, Charlton C. Copeland
Articles
Enforcing federalism is most commonly thought to involve the search for a constitutional delegation of substantive power. Although in modern times the substantive power might be overlapping or shared authority, federalism enforcement proceeds from a determination about the site of substantive power. This conception of federalism enforcement preserves the Constitution's commitment to fractionated authority by determining whether power is legitimately possessed. Thus we understand significant federalism disputes in our age as framed by whether Congress has the authority to enact comprehensive health care reform legislation, or whether Congress has exceeded its authority in reenacting the Voting Rights Act's preclearance requirements. …
Fitting The Formula For Judicial Review: The Law-Fact Distinction In Immigration Law, Rebecca Sharpless
Fitting The Formula For Judicial Review: The Law-Fact Distinction In Immigration Law, Rebecca Sharpless
Articles
No abstract provided.
Competent Capital Representation: The Necessity Of Knowing And Heeding What Jurors Tell Us About Mitigation, John H. Blume, Sheri Lynn Johnson, Scott E. Sundby
Competent Capital Representation: The Necessity Of Knowing And Heeding What Jurors Tell Us About Mitigation, John H. Blume, Sheri Lynn Johnson, Scott E. Sundby
Articles
No abstract provided.
Fallen Superheroes And Constitutional Mirages: The Tale Of Brady V. Maryland, Scott E. Sundby
Fallen Superheroes And Constitutional Mirages: The Tale Of Brady V. Maryland, Scott E. Sundby
Articles
No abstract provided.
The Earmarking Defense To Voidable Preference Liability: A Reconceptualization, William H. Widen, David Gray Carlson
The Earmarking Defense To Voidable Preference Liability: A Reconceptualization, William H. Widen, David Gray Carlson
Articles
No abstract provided.
Introduction To Panel Five: The Inter-Subjectivity Of Objective Justice: A Theory And Praxis For Constructing Latcrit Coalitions, Elizabeth M. Iglesias
Introduction To Panel Five: The Inter-Subjectivity Of Objective Justice: A Theory And Praxis For Constructing Latcrit Coalitions, Elizabeth M. Iglesias
Articles
No abstract provided.
Appellate Review Of Refusals To Depart, David Yellen
Tax Accrual Workpapers: Protected By A Limited Privilege?, Patricia D. White
Tax Accrual Workpapers: Protected By A Limited Privilege?, Patricia D. White
Articles
United States of America
v.
Arthur Young & Company and Amerada Hess Corporation
(Docket No. 82-687)
To be argued January 16, 1984
Hawaii Tax Held Invalid: Court Decides First Case Of The Term, Patricia D. White
Hawaii Tax Held Invalid: Court Decides First Case Of The Term, Patricia D. White
Articles
Aloha Airlines, Inc.
v.
Director of Taxation, State of Hawaii (Docket No. 82-585)
Hawaiian Airlines, Inc.
v.
Director of Taxation, State of Hawaii (Docket No. 82-566)
Argued October 4. 1983. Decided November 1, 1983