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Full-Text Articles in Constitutional Law
The People's Lawyer: The Role Of Attorney General In The Twenty-First Century, Mark J. Herring
The People's Lawyer: The Role Of Attorney General In The Twenty-First Century, Mark J. Herring
University of Richmond Law Review
For the last five years, it has been my privilege to serve the people as their attorney general. The origin of the position of attorney general can be traced back centuries, but in a world that has become more interconnected, complex, and fast-paced, what does the role of a state attorney general entail in the twenty-first century and beyond? Is the proper role as a diligent but reactive defender of statutes and state agencies, or is there a deeper responsibility that calls for a more proactive and engaged use of its tools and authority? I have found that the job …
Enforcing Statutory Maximums: How Federal Supervised Release Violates The Sixth Amendment Rights Defined In Apprendi V. New Jersey, Danny Zemel
University of Richmond Law Review
The Sixth Amendment commands that “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed.” Trial by a jury of one’s peers is a fundamental American legal right, existing in the earliest colonies before being codified in both Article III of the Constitution and the Sixth Amendment. The jury trial right derives from “the mass of the people,” ensuring that “no man can be condemned of life, or limb, or property, or reputation, without the concurrence of the …
Race, Speech, And Sports, Matthew J. Parlow
Race, Speech, And Sports, Matthew J. Parlow
University of Richmond Law Review
Race, sports, and free speech rights intersected in a very controversial and public way during the 2016 and 2017 National Football League (“NFL”) seasons. On August 26, 2016, Colin Kaepernick spurred a national debate when he refused to stand during the playing of the national anthem before the NFL preseason game between the Green Bay Packers and the San Francisco 49ers, Kaepernick’s team at the time.
Non-Contact Excessive Force By Police: Is That Really A Thing?, Michael J. Jacobsma
Non-Contact Excessive Force By Police: Is That Really A Thing?, Michael J. Jacobsma
University of Richmond Law Review
When people hear the words “police” and “excessive force,” they usually associate those words with an unjustified assault and battery, or lethal force made against suspects by law enforcement officers during an arrest or investigation. When such acts occur, the victim of the excessive force has the right to pursue a civil action against the police officer pursuant to 42 U.S.C. § 1983 if committed by state or local police, or a Bivens action if committed by federal agents. But can a police officer be sued for excessive force without making any physical contact with the plaintiff? The answer to …
States Suing The Federal Government: Protecting Liberty Or Playing Politics?, Elbert Lin
States Suing The Federal Government: Protecting Liberty Or Playing Politics?, Elbert Lin
University of Richmond Law Review
No abstract provided.
The President, Prosecutorial Discretion, Obstruction Of Justice, And Congress, Henry L. Chambers Jr.
The President, Prosecutorial Discretion, Obstruction Of Justice, And Congress, Henry L. Chambers Jr.
University of Richmond Law Review
No abstract provided.
A Non-Originalist Separation Of Powers, Eric J. Segall
A Non-Originalist Separation Of Powers, Eric J. Segall
University of Richmond Law Review
No abstract provided.