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Full-Text Articles in Law
Preventative Pretrial Detention And The Failure Of Interest-Balancing Approaches To Due Process, Albert W. Alschuler
Preventative Pretrial Detention And The Failure Of Interest-Balancing Approaches To Due Process, Albert W. Alschuler
Michigan Law Review
This article, echoing Highmore's treatise of 1783, maintains that neither a legitimate nor a very important governmental interest can justify preventive detention in the absence of significant proof of past wrongdoing or an inability to control one's behavior. Both the Supreme Court's neglect of this issue and Congress' similar neglect in the preventive detention provisions of the Federal Bail Reform Act of 1984 reveal the extent to which cost-benefit analysis has captured American law and threatened core concepts of individual dignity.
The article does not oppose all forms of preventive pretrial detention. To the contrary, it recognizes that the detention …
The National Park System And Development On Private Lands: Opportunities And Tools To Protect Park Resources, Michael Mantell
The National Park System And Development On Private Lands: Opportunities And Tools To Protect Park Resources, Michael Mantell
External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)
34 pages.
Contains footnotes.