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Series

2005

Constitutional Law

All Faculty Scholarship

Chicago-Kent College of Law

Articles 1 - 4 of 4

Full-Text Articles in Law

A Brief History Of The Fifth Amendment Guarantee Against Double Jeopardy, David S. Rudstein Mar 2005

A Brief History Of The Fifth Amendment Guarantee Against Double Jeopardy, David S. Rudstein

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No abstract provided.


Belton Redux: Re-Evaluating Belton's Per Se Rule Governing The Search Of An Automobile Incident To An Arrest, David S. Rudstein Mar 2005

Belton Redux: Re-Evaluating Belton's Per Se Rule Governing The Search Of An Automobile Incident To An Arrest, David S. Rudstein

All Faculty Scholarship

No abstract provided.


The Surprisingly Strong Case For Tailoring Constitutional Principles, Mark D. Rosen Mar 2005

The Surprisingly Strong Case For Tailoring Constitutional Principles, Mark D. Rosen

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Many constitutional principles apply to more than one level of government. This is true not only of Bill of Rights guarantees that have been incorporated against the States, but of many constitutional principles whose source lies outside of the Bill of Rights. The conventional wisdom is that such multi-level constitutional principles apply identically to all levels of government. The Article's thesis is that this One-Size-Fits-All approach is problematic because the different levels of government - federal, state, and local - sometimes are sufficiently different that a given constitutional principle may apply differently to each level. This Article critically examines an …


The Pledge As Sacred Political Ritual, Sheldon Nahmod Feb 2005

The Pledge As Sacred Political Ritual, Sheldon Nahmod

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No abstract provided.