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Articles 1 - 12 of 12
Full-Text Articles in Law
Compelled Statements From Police Officers And Garrity Immunity, Steven D. Clymer
Compelled Statements From Police Officers And Garrity Immunity, Steven D. Clymer
Cornell Law Faculty Publications
In this Article, Professor Steven Clymer describes the problem created when police departments require officers suspected of misconduct to answer internal affairs investigators' questions or face job termination. Relying on the Supreme Court's decision in Garrity v. New Jersey, courts treat such compelled statements as immunized testimony. That treatment not only renders such a statement inadmissible in a criminal prosecution of the suspect police officer, it also may require the prosecution to shoulder the daunting and sometimes insurmountable burden of demonstrating that its physical evidence, witness testimony, and strategic decisionmaking are untainted by the statement. Because police internal affairs …
Can Process Theory Constrain Courts?, Michael C. Dorf, Samuel Issacharoff
Can Process Theory Constrain Courts?, Michael C. Dorf, Samuel Issacharoff
Cornell Law Faculty Publications
The political process theory introduced by the Carolene Products footnote and developed through subsequent scholarship has shaped much of the modern constitutional landscape. Process theory posits that courts may justifiably intervene in the political arena when institutional obstacles impede corrective action by political actors themselves. Judged by this standard, the United States Supreme Court's decision in Bush v. Gore was a failure, because the majority could not explain why its interference was necessary. More broadly, Bush v. Gore points to a central deficiency in process theory: it relies upon the Justices to guard against their own overreaching, but does not …
Constitution-Making In Africa: Assessing Both The Process And The Content, Muna Ndulo
Constitution-Making In Africa: Assessing Both The Process And The Content, Muna Ndulo
Cornell Law Faculty Publications
No abstract provided.
The 2000 Presidential Election: Archetype Or Exception?, Michael C. Dorf
The 2000 Presidential Election: Archetype Or Exception?, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
Hate And The Bar: Is The Hale Case Mccarthyism Redux Or A Victory For Racial Equality?, W. Bradley Wendel
Hate And The Bar: Is The Hale Case Mccarthyism Redux Or A Victory For Racial Equality?, W. Bradley Wendel
Cornell Law Faculty Publications
The application of the constitutional free expression guarantee to the activities of the organized bar is one of the most important unexplored areas of legal ethics. In this essay I will consider in particular the question of whether an applicant may be denied admission to the bar for involvement with hateful or discriminatory activities. This question reveals the tension between the first amendment principle, established after the agonizing struggles of the McCarthy era, that no one may be denied membership in the bar because of his or her beliefs alone, and the plenary authority of bar associations to make predictive …
The Good Society, Commerce, And The Rehnquist Court, Michael C. Dorf
The Good Society, Commerce, And The Rehnquist Court, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
The Price Of Vouchers For Religious Freedom, Laura S. Underkuffler
The Price Of Vouchers For Religious Freedom, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
The Gestation Of Birthright Citizenship, 1868-1898: States' Rights, The Law Of Nations, And Mutual Consent, Bernadette Meyler
The Gestation Of Birthright Citizenship, 1868-1898: States' Rights, The Law Of Nations, And Mutual Consent, Bernadette Meyler
Cornell Law Faculty Publications
This article considers the inheritance of the seventeenth-century English common law conception of the subject in nineteenth-century America and, ultimately, in the Supreme Court’s decision in United States v. Wong Kim Ark (1898). It examines the claims for birthright citizenship derived from British common law and the three principal arguments against them. These latter included: objections to the assertion of a federal common law of citizenship from the perspective of state sovereignty; arguments that the United States should embrace citizenship by blood rather than by birth in order to conform to the practice of the law of nations and other …
A Reply To Professor Krotoszynski, Steven H. Shiffrin
A Reply To Professor Krotoszynski, Steven H. Shiffrin
Cornell Law Faculty Publications
A reply to Ronald J. Krotoszynski, Jr.'s review of the author's book, Dissent, Injustice, and the Meanings of America.
Stopping A Moving Target, Sherry F. Colb
Stopping A Moving Target, Sherry F. Colb
Cornell Law Faculty Publications
No abstract provided.
Public Funding For Religious Schools: Difficulties And Dangers In A Pluralistic Society, Laura S. Underkuffler
Public Funding For Religious Schools: Difficulties And Dangers In A Pluralistic Society, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
The Ideology Of Judging And The First Amendment In Judicial Election Campaigns, W. Bradley Wendel
The Ideology Of Judging And The First Amendment In Judicial Election Campaigns, W. Bradley Wendel
Cornell Law Faculty Publications
No abstract provided.