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Articles 1 - 12 of 12
Full-Text Articles in Law
The Secession Reference And The Limits Of Law, Richard Kay
The Secession Reference And The Limits Of Law, Richard Kay
Richard Kay
When the Supreme Court of Canada issued its judgment on the legality of "unilateral" Quebec secession in August 1998 many Canadians did not know what to make of it. The Court held that the only lawful way in which Quebec might depart the Canadian federation was through one of the amendment mechanisms provided in the Constitution Act 1982. It thus affirmed that Quebec could not secede without the agreement of at least the Houses of the federal Parliament and some number of provincial legislative assemblies. Prime Minister Chretien declared the next day that the judgement was a "victory for all …
Pay No Attention To That Man Behind The Robe: Judicial Elections, The First Amendment, And Judges As Politicians, Michael R. Dimino
Pay No Attention To That Man Behind The Robe: Judicial Elections, The First Amendment, And Judges As Politicians, Michael R. Dimino
Michael R Dimino
The Right To Effective Assistance Of Capital Postconviction Counsel: Constitutional Implications Of Statutory Grants Of Capital Counsel, Celestine Richards Mcconville
The Right To Effective Assistance Of Capital Postconviction Counsel: Constitutional Implications Of Statutory Grants Of Capital Counsel, Celestine Richards Mcconville
Celestine Richards McConville
The problem of incompetent counsel in capital cases is hardly a secret. Much of the attention, however, has focused on incompetent capital trial counsel. This article, by contrast, addresses the problem of incompetent capital counsel at the state and federal postconviction levels. Like the trial and direct review phases, the capital postconviction phase is critical to an accurate and reliable determination of guilt and death-eligibility. Thus, competent counsel is just as necessary during capital postconviction proceedings as it is during capital trial and direct review proceedings.
The Supreme Court, however, has made clear that there is no constitutional right to …
Policing And Equal Protection, Lawrence Rosenthal
Policing And Equal Protection, Lawrence Rosenthal
Lawrence Rosenthal
For urban policing, it is the best of times and the worst of times. The innovative and proactive policing techniques that have come into widespread use over the past decade -- sometimes referred to as the "New Policing" -- are credited by many with producing significant reductions in urban crime. The vocal and numerous critics of these tactics, however, claim that the cure has been worse than the disease, by imposing enormous and unwarranted burdens on high crime minority communities where use of these new tactics is concentrated. In this paper, I offer a defense for New Policing as faithful …
Book Review: The Calligraphic State: Conceptualizing The Study Of Society Through Law, Tabatha Abu El-Haj
Book Review: The Calligraphic State: Conceptualizing The Study Of Society Through Law, Tabatha Abu El-Haj
Tabatha Abu El-Haj
No abstract provided.
Legal Research In Mass Communication, Erik Ugland, Everette E. Dennis, Donald M. Gillmor
Legal Research In Mass Communication, Erik Ugland, Everette E. Dennis, Donald M. Gillmor
Erik Ugland
No abstract provided.
Free Association: The United States Experience, Chimene I. Keitner, W. Michael Reisman
Free Association: The United States Experience, Chimene I. Keitner, W. Michael Reisman
Chimene I Keitner
No abstract provided.
The New Federalism: Discerning Truth In American Myths And Legend, Randy Lee
The New Federalism: Discerning Truth In American Myths And Legend, Randy Lee
Randy Lee
No abstract provided.
Confidentiality's Constitutionality: The Incursion On Judicial Powers To Regulate Parties In Court-Connected Mediation, Maureen A. Weston Prof.
Confidentiality's Constitutionality: The Incursion On Judicial Powers To Regulate Parties In Court-Connected Mediation, Maureen A. Weston Prof.
Maureen A Weston
This Article explores the interplay between mediation confidentiality legislation and judicial powers to regulate participant conduct in the pretrial process. Part II describes the role of the court in monitoring parties' conduct in distinct settlement-related processes, such as private settlement negotiations, judicial settlement conferences, court-connected arbitration, and court-connected mediation, as well as the corresponding but varied confidentiality protection accorded these processes. Part III examines judicial decisions analyzing the tension between mediation confidentiality and judicial power to monitor and sanction misconduct in a settlement or court-connected mediation setting, specifically comparing the approach used by the California Supreme Court in Foxgate Homeowners’ …
Neo-Positivismo E Pós-Positivismo Jurídico, Haradja L. Torrens
Neo-Positivismo E Pós-Positivismo Jurídico, Haradja L. Torrens
Haradja L Torrens
No abstract provided.
State Laws And The Independent Judiciary: An Analysis Of The Effects Of The Seventeenth Amendment On The Number Of Supreme Court Cases Holding State Laws Unconstitutional, Donald J. Kochan
Donald J. Kochan
In recent years, the Seventeenth Amendment has been the subject of legal scholarship, congressional hearings and debate, Supreme Court opinions, popular press articles and commentary, state legislative efforts aimed at repeal, and activist repeal movements. To date, the literature on the effects of the Seventeenth Amendment has focused almost exclusively on the effects on the political production of legislation and competition between legislative bodies. Very little attention has been given to the potential adverse effects of the Seventeenth Amendment on the relationship between state legislatures and the federal courts. This Article seeks to fill part of that literature gap, applying …
Are Patriots Bigots? An Inquiry Into The Vices Of In-Group Pride, Zachary Elkins, Rui De Figueiredo
Are Patriots Bigots? An Inquiry Into The Vices Of In-Group Pride, Zachary Elkins, Rui De Figueiredo
Zachary Elkins
No abstract provided.