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Full-Text Articles in Law

South Dakota V. Neville, Lewis F. Powell, Jr. Oct 1982

South Dakota V. Neville, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


United States V. Rylander, Lewis F. Powell Jr. Oct 1982

United States V. Rylander, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Pillsbury Co. V. Conboy, Lewis F. Powell Jr. Oct 1982

Pillsbury Co. V. Conboy, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


The Clean Water Act As A Restraint On Interbasin Transfers Of Water, Sue Ellen Harrison May 1982

The Clean Water Act As A Restraint On Interbasin Transfers Of Water, Sue Ellen Harrison

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

44 pages.

Contains references.

Contains 1 attachment.


A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar Jan 1982

A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar

Book Chapters

If the several conferences and workshops (and many lunch conversations) on police interrogation and confessions in which I have participated this past summer are any indication, Miranda v. Arizona has evoked much anger and spread much sorrow among judges, lawyers and professors. In the months and years ahead, such reaction is likely to be translated into microscopic analyses and relentless, probing criticism of the majority opinion. During this period of agonizing appraisal and reappraisal, I think it important that various assumptions and assertions in the dissenting opinions do not escape attention.


The Conjurer's Circle--The Fifth Amendment Privilege In Civil Cases, Robert H. Heidt Jan 1982

The Conjurer's Circle--The Fifth Amendment Privilege In Civil Cases, Robert H. Heidt

Articles by Maurer Faculty

No abstract provided.


Estelle V. Smith: The Constitutional Contours Of The Forensic Evaluation, Christopher Slobogin Jan 1982

Estelle V. Smith: The Constitutional Contours Of The Forensic Evaluation, Christopher Slobogin

Vanderbilt Law School Faculty Publications

In Estelle v. Smith,' the United States Supreme Court recognized for the first time that an evaluation of a criminal defendant by a mental health professional may implicate both the Fifth Amendment privilege against self-incrimination and the Sixth Amendment right to counsel. The issues raised in Estelle are significant not only for the legal profession but also for those in the mental health professions who perform "clinical" evaluations for the criminal courts. Estelle involved the case of Ernest Smith, who was sentenced to death by a Texas jury in 1974. Prior to trial, the judge ordered a psychiatrist, Dr. Grigson, …


The Fifth Amendment, Self-Incrimination, And Foreign Prosecution: The Saga Of The Ryuyo Maru, Jeff M. Feldman Jan 1982

The Fifth Amendment, Self-Incrimination, And Foreign Prosecution: The Saga Of The Ryuyo Maru, Jeff M. Feldman

Articles

In 1979, the M/V Ryuyo Maru No. 2, a Japanese fishing vessel, went aground off the coast of Alaska. During the course ofthe United States Coast Guard's investigation into the cause of themarine casualty, the captain of the vessel and several seamen attempted to avoid giving testimony at the Coast Guard inquest onthe ground that their testimony would tend to incriminate the munder the law of Japan. The ensuing litigation' over the extent towhich the fifth amendment protects witnesses from compulsory self-incrimination where the sole threat of criminal prosecution is by a foreign government contributes to a recent line of …