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Full-Text Articles in Law
Double Jeopardy And Summary Contempt Prosecutions, David S. Rudstein
Double Jeopardy And Summary Contempt Prosecutions, David S. Rudstein
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No abstract provided.
The Public Interest And The Unconstitutionality Of Private Prosecutors, John Bessler
The Public Interest And The Unconstitutionality Of Private Prosecutors, John Bessler
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This article discusses the history of private and public prosecution in the United States, including standards governing prosecutorial ethics. It argues that the use of private prosecutors is unethical and violative of defendants' constitutional rights. In particular, the article asserts that the use of such prosecutors violates due process principles and creates, at the very least, an unacceptable appearance of impropriety. The article contends that the public's interest in not having its members erroneously charged or convicted in the criminal process outweighs an interested party's right to retain a private prosecutor as set forth in some state laws. In addition …
Rethinking The Line Between Corporate Law And Corporate Bankruptcy, David A. Skeel Jr.
Rethinking The Line Between Corporate Law And Corporate Bankruptcy, David A. Skeel Jr.
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No abstract provided.
The Constitutionality Of Enjoining Criminal Street Gangs As Public Nuisances, Christopher S. Yoo
The Constitutionality Of Enjoining Criminal Street Gangs As Public Nuisances, Christopher S. Yoo
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California jurisdictions have increasingly used injunctions to combat the growth criminal street gangs. The use of civil sanctions to redress criminal activity raises difficult constitutional questions, potentially creating personal criminal codes that may infringe upon defendants’ substantive constitutional rights. In addition, employing civil remedies may deprive defendants of constitutional procedural protections that would have been provided if the jurisdiction had elected to deter the same behavior with available criminal sanctions. Although the use of injunctions places pressure on a number of substantive constitutional rights, including the freedom of association, freedom of expression, right to travel, the injunction terms will likely …