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Articles 1 - 12 of 12

Full-Text Articles in Law

Foreword: Elected Branch Influences In Constitutional Decisionmaking, Neal Devins Oct 1993

Foreword: Elected Branch Influences In Constitutional Decisionmaking, Neal Devins

Faculty Publications

No abstract provided.


The University In The Manner Of Tiananmen Square, William W. Van Alstyne Oct 1993

The University In The Manner Of Tiananmen Square, William W. Van Alstyne

Faculty Publications

No abstract provided.


Uniformity In The Federal Courts: A Proposal For Increasing The Use Of En Banc Appellate Review, Michael Ashley Stein Apr 1993

Uniformity In The Federal Courts: A Proposal For Increasing The Use Of En Banc Appellate Review, Michael Ashley Stein

Faculty Publications

No abstract provided.


“Thirty Pieces Of Silver” For The Rights Of Your People: Irresistible Offers Reconsidered As A Matter Of State Constitutional Law, William W. Van Alstyne Apr 1993

“Thirty Pieces Of Silver” For The Rights Of Your People: Irresistible Offers Reconsidered As A Matter Of State Constitutional Law, William W. Van Alstyne

Faculty Publications

No abstract provided.


Virtues (And Limits) Of Shared Values: The Fourth Amendment And Miranda's Concept Of Custody, Richard A. Williamson Apr 1993

Virtues (And Limits) Of Shared Values: The Fourth Amendment And Miranda's Concept Of Custody, Richard A. Williamson

Faculty Publications

Miranda only protects suspects who the police subject to custodial interrogation. The concept of custody is tethered to the Fifth Amendment privilege against self-incrimination; thus, to render a suspect in custody, law enforcement officials must subject the suspect to a compelling environment that tends to undermine that privilege. In this article, Professor Richard A. Williamson examines the application of Miranda to Terry stops. He reviews the impact of the Beheler and Berkemer decisions, which held that suspects who officials stop based on reasonable suspicion, as opposed to suspects who officials arrest, are not entitled to Miranda warnings. Professor Williamson generally ...


Freedom Of Speech For Libraries And Librarians, Rodney A. Smolla Jan 1993

Freedom Of Speech For Libraries And Librarians, Rodney A. Smolla

Faculty Publications

Noting the recent bicentennial of the First Amendment to the United States Constitution, Professor Smolla considers the role of librarians in opposing censorship. He proposes a new principle of "professionalism" to establish the librarian's role, and discusses the principle in light of the Supreme Court's decision in Board of Education v. Pico.


Report Of The Coalition For A New America: Platform Section On Communications Policy, Rodney A. Smolla Jan 1993

Report Of The Coalition For A New America: Platform Section On Communications Policy, Rodney A. Smolla

Faculty Publications

No abstract provided.


"Accidental" Shootings As Fourth Amendment Seizures, Kathryn R. Urbonya Jan 1993

"Accidental" Shootings As Fourth Amendment Seizures, Kathryn R. Urbonya

Faculty Publications

No abstract provided.


What Do You Think About The Twenty-Seventh Amendment?, William W. Van Alstyne Jan 1993

What Do You Think About The Twenty-Seventh Amendment?, William W. Van Alstyne

Faculty Publications

No abstract provided.


Information, Imagery, And The First Amendment: A Case For Expansive Protection Of Commercial Speech, Rodney A. Smolla Jan 1993

Information, Imagery, And The First Amendment: A Case For Expansive Protection Of Commercial Speech, Rodney A. Smolla

Faculty Publications

No abstract provided.


Defensible Fees, State Action, And The Legacy Of Massive Resistance, Jonathan L. Entin Jan 1993

Defensible Fees, State Action, And The Legacy Of Massive Resistance, Jonathan L. Entin

Faculty Publications

The Supreme Court of Virginia recently upheld the validity of a whites-only provision in an educational trust. The decision in Hermitage Methodist Homes of Virginia, Inc. v. Dominion Trust Co., would be noteworthy for that reason alone. It is important for three other reasons, however. First, this was not an ordinary property dispute; it arose directly from Brown v. Board of Education. The restriction at issue applied to a segregation academy in Prince Edward County, the most recalcitrant of the defendants in Brown. The academy was established to provide private education for whites when the county closed its public schools ...


The Constitutional Right To Defense Experts, Paul C. Giannelli Jan 1993

The Constitutional Right To Defense Experts, Paul C. Giannelli

Faculty Publications

No abstract provided.