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Articles 1 - 5 of 5

Full-Text Articles in Law

Modern Odysseus Or Classic Fraud - Fourteen Years In Prison For Civil Contempt Without A Jury Trial, Judicial Power Without Limitation, And An Examination Of The Failure Of Due Process, Mitchell J. Frank Apr 2012

Modern Odysseus Or Classic Fraud - Fourteen Years In Prison For Civil Contempt Without A Jury Trial, Judicial Power Without Limitation, And An Examination Of The Failure Of Due Process, Mitchell J. Frank

Faculty Scholarship

No abstract provided.


Taking Confrontation Seriously Does Crawford Mean That Confessions Must Be Crossexamined, Mark A. Summers Jan 2012

Taking Confrontation Seriously Does Crawford Mean That Confessions Must Be Crossexamined, Mark A. Summers

Faculty Scholarship

No abstract provided.


Qualified Immunity: Protecting All But The Plainly Incompetent (And Maybe Some Of Them, Too), Susan Bendlin Jan 2012

Qualified Immunity: Protecting All But The Plainly Incompetent (And Maybe Some Of Them, Too), Susan Bendlin

Faculty Scholarship

Public officials can be more certain than ever before that qualified immunity will shield them from suits for money damages even if their actions violate the constitutional rights of another. In the October 2011 Term the Supreme Court granted qualified immunity to government officials in four significant cases and denied it to none. Troublesome aspects of the Supreme Court’s current approach include (1) the failure to clarify important Constitutional questions; and (2) the blurring of the distinction between absolute and qualified immunity for all practical purposes by assuring state officials that they can be certain of the shield from liability. …


Kiss The Book...You're President...: "So Help Me God" And Kissing The Book In The Presidential Oath Of Office, Frederick B. Jonassen Jan 2012

Kiss The Book...You're President...: "So Help Me God" And Kissing The Book In The Presidential Oath Of Office, Frederick B. Jonassen

Faculty Scholarship

No abstract provided.


Constructing The Other: U.S. Muslims, Anti-Sharia Law, And The Constitutional Consequences Of Volatile Intercultural Rhetoric, Carlo A. Pedrioli Jan 2012

Constructing The Other: U.S. Muslims, Anti-Sharia Law, And The Constitutional Consequences Of Volatile Intercultural Rhetoric, Carlo A. Pedrioli

Faculty Scholarship

Recently, legislators have proposed, discussed, and passed various laws that aimed to limit the use of foreign law, international law, and Sharia (a branch of Islamic law) in state court systems. Because it became law, one proposed state constitutional amendment that rhetorically linked Sharia to foreign and international law is of particular note. In the 2010 midterm elections, Oklahoma passed State Question 755 (SQ 755), a constitutional amendment that aimed to place restrictions on the use of foreign law, international law, and Sharia in Oklahoma courts. Laws like Oklahoma’s State Question 755 are problematic for a variety of reasons. One …