Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Mitchell Hamline School of Law (5)
- University of Maryland Francis King Carey School of Law (4)
- UIC School of Law (3)
- University of Arkansas at Little Rock William H. Bowen School of Law (3)
- Seattle University School of Law (2)
-
- University of Richmond (2)
- American University Washington College of Law (1)
- University at Buffalo School of Law (1)
- University of Michigan Law School (1)
- University of Oklahoma College of Law (1)
- Vanderbilt University Law School (1)
- Washington and Lee University School of Law (1)
- William & Mary Law School (1)
- Keyword
-
- Confrontation Clause (3)
- Constitutional law (3)
- Fourth Amendment (3)
- Criminal procedure (2)
- Eighth Amendment (2)
-
- Evidence (2)
- Fifth Amendment (2)
- Privacy (2)
- Self-incrimination (2)
- Sixth Amendment (2)
- American Indian victims of sexual assault (1)
- American Indian women (1)
- Blood--Examination (1)
- CODIS (1)
- Capital Punishment (1)
- Capital punishment (1)
- Children (1)
- Closed-circuit television (1)
- Consent searches (1)
- Constitution (1)
- Constitutional interpretation (1)
- Counterterrorism (1)
- Courts (1)
- Crawford v. Washington (1)
- Criminal (1)
- Criminal jurisdiction (1)
- Criminal records--Expungement (1)
- Criminal responsibility (1)
- Cross-examination (1)
- Cruel and Unusual Punishment (1)
- Publication
-
- William Mitchell Law Review (5)
- UIC Law Review (3)
- University of Arkansas at Little Rock Law Review (3)
- University of Maryland Law Journal of Race, Religion, Gender and Class (3)
- University of Richmond Law Review (2)
-
- Buffalo Law Review (1)
- Maryland Law Review (1)
- Oklahoma Law Review (1)
- Seattle Journal for Social Justice (1)
- Seattle University Law Review (1)
- The Modern American (1)
- University of Michigan Journal of Law Reform (1)
- Vanderbilt Law Review (1)
- Washington and Lee Law Review (1)
- William & Mary Bill of Rights Journal (1)
Articles 1 - 26 of 26
Full-Text Articles in Constitutional Law
Cleaning Up The Eighth Amendment Mess, Tom Stacy
Cleaning Up The Eighth Amendment Mess, Tom Stacy
William & Mary Bill of Rights Journal
This article criticizes the Court's interpretation of the Eighth Amendment's Cruel and Unusual Punishment Clause and offers its own understanding. The Court's jurisprudence is plagued by deep inconsistencies concerning the Amendment's text, the Court's own role, and a constitutional requirement of proportionate punishment. In search of ways to redress these fundamental shortcomings, the article explores three alternative interpretations of the Clause: (1) a textualist approach; (2) Justice Scalia's understanding that the Clause forbids only punishments unacceptable for all offenses; and (3) a majoritarian approach that would consistently define cruel and unusual punishment in terms of legislative judgments and penal custom. …
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Seattle Journal for Social Justice
No abstract provided.
To Improve The State And Condition Of Man: The Power To Police And The History Of American Governance, Christopher Tomlins
To Improve The State And Condition Of Man: The Power To Police And The History Of American Governance, Christopher Tomlins
Buffalo Law Review
Book review of Markus Dirk Dubber's The Police Power: Patriarchy and the Foundations of American Government
Third Party Consent Searches And The Fourth Amendment: Refusal, Consent, And Reasonableness, Elizabeth A. Wright
Third Party Consent Searches And The Fourth Amendment: Refusal, Consent, And Reasonableness, Elizabeth A. Wright
Washington and Lee Law Review
No abstract provided.
Apprendi's Limits, R. Craig Green
Apprendi's Limits, R. Craig Green
University of Richmond Law Review
No abstract provided.
Constitutional Law—The Fourth Amendment Challenge To Dna Sampling Of Arrestees Pursuant To The Justice For All Act Of 2004: A Proposed Modification To The Traditional Fourth Amendment Test Of Reasonableness, Kimberly A. Polanco
University of Arkansas at Little Rock Law Review
No abstract provided.
Taking Miranda's Pulse, William T. Pizzi, Morris B. Hoffman
Taking Miranda's Pulse, William T. Pizzi, Morris B. Hoffman
Vanderbilt Law Review
The Supreme Court decided five Miranda1 cases in 2003-2004, making this one of the most active fifteen-month periods for the law of self-incrimination since the controversial case was decided in 1966. In this Article, we consider three of those five cases-Chavez v. Martinez, Missouri v. Seibert and United States v. Patane-along with the blockbuster decision four years ago in Dickerson v. United States. in an attempt to decipher what, if anything, this remarkable level of activity teaches us about the direction of the Court's self-incrimination jurisprudence. In the end, while these cases, like those before them, may not entirely clarify …
Gates V. Cook: Are Courts Equipped To Manage Prisons?, Katherine T. Wainwright
Gates V. Cook: Are Courts Equipped To Manage Prisons?, Katherine T. Wainwright
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
State V. Askerooth: Re-Applying The Terry Principle Of Reasonableness To Traffic Stops Under The Minnesota Constitution, Jodie Carlson
State V. Askerooth: Re-Applying The Terry Principle Of Reasonableness To Traffic Stops Under The Minnesota Constitution, Jodie Carlson
William Mitchell Law Review
This note first discusses the Minnesota Supreme Court’s use of the Minnesota Constitution to provide broader protections for its citizens in the area of Fourth Amendment search and seizure law. This note then explains the rationale for the Minnesota Supreme Court’s decision in Askerooth. Finally, this note discusses the Atwater decision and whether it was necessary for the Minnesota Supreme Court to decide Askerooth under the state constitution.
Chained To The Past: An Overview Of Criminal Expungement Law In Minnesota —State V. Schultz , Jon Geffen, Stefanie Letze
Chained To The Past: An Overview Of Criminal Expungement Law In Minnesota —State V. Schultz , Jon Geffen, Stefanie Letze
William Mitchell Law Review
This article explains Minnesota’s expungement law and analyzes a recent Minnesota Court of Appeals decision that limits the expungement remedy. Specifically, this article begins by examining the effects of a criminal record and the purposes of expungement.8 An expungement’s main purpose is to seal an individual’s criminal record from public view, thereby allowing the individual to fully reintegrate into society. This article then provides an overview of current expungement law and its history. This article also explains different types of criminal records and the different mechanisms used to seal each type of record. The focus of this article is on …
The Moussaoui Case: The Mess From Minnesota, Afsheen John Radsan
The Moussaoui Case: The Mess From Minnesota, Afsheen John Radsan
William Mitchell Law Review
This article, after giving a brief history of the Moussaoui case, identifies the main paradoxes or problems of continuing to deal with him in the criminal system. By no stretch of the imagination does this article provide an exhaustive or comprehensive treatment of the Moussaoui case. Each problem, by itself, could be the subject of a separate law review article. This article suggests that Moussaoui, rather than Yaser Esam Hamdi, or Jose Padilla, or the detainees in Guantanamo Bay, could have served as the true test for determining the minimum process that the American Constitutional system owes to an individual …
Revoke First, Ask Questions Later: Challenging Minnesota’S Unconstitutional Pre-Hearing Revocation Scheme, Jeffrey S. Sheridan, Erika Burkhart Booth
Revoke First, Ask Questions Later: Challenging Minnesota’S Unconstitutional Pre-Hearing Revocation Scheme, Jeffrey S. Sheridan, Erika Burkhart Booth
William Mitchell Law Review
This analysis of the constitutionality of Minnesota’s prehearing revocation scheme begins by explaining the mechanics of Minnesota’s implied consent statute. Because the United States Supreme Court has established minimum procedural due process protections that must be afforded drivers, this backdrop is examined. After considering the federal standards for procedural due process, the numerous changes to Minnesota’s implied consent statute will be addressed. Next, the current challenge will be discussed, including the factual basis for the challenge, the arguments for the statute’s unconstitutionality, and the district court’s decision. Finally, this note will conclude that, given the dramatic increase in the private …
Note: The Earthquake That Will Move Sentencing Discretion Back To The Judiciary? Blakely V. Washington And Sentencing Guidelines In Minnesota, Matthew R. Kuhn
Note: The Earthquake That Will Move Sentencing Discretion Back To The Judiciary? Blakely V. Washington And Sentencing Guidelines In Minnesota, Matthew R. Kuhn
William Mitchell Law Review
This Note begins by briefly laying out the evolution of criminal sentencing over the past century. It then surveys judicial interpretation of defendants’ Constitutional rights as they relate to sentencing procedure, focusing on the Court’s recent invalidation of Washington state’s sentencing guidelines in Blakely v. Washington. The note will then examine possible reforms to Minnesota’s sentencing guidelines pursuant to the Court’s decision. It will conclude by advocating that, despite the recent spotlight on Kansas’s sentencing guidelines, Minnesota’s best response to Blakely is to return some sentencing discretion to the judiciary by implementing a system of voluntary guidelines.
Surviving Racism And Sexual Assault: American Indian Women Left Unprotected, Talib Ellison
Surviving Racism And Sexual Assault: American Indian Women Left Unprotected, Talib Ellison
The Modern American
No abstract provided.
Compromising Liberty: A Structural Critique Of The Sentencing Guidelines, Jackie Gardina
Compromising Liberty: A Structural Critique Of The Sentencing Guidelines, Jackie Gardina
University of Michigan Journal of Law Reform
This Article contends that the federal sentencing guidelines-whether mandatory or discretionary-violate the constitutional separation of powers by impermissibly interfering with a criminal jury's constitutional duty to act as a check against government overreaching. This Article posits that the inclusion of the criminal jury in Article III of the Constitution was intended as an inseparable element of the constitutional system of checks and balances. This Article also submits a proposal for restoring the constitutional balance through the creation of a "guideline jury system" within the current guideline structure. The implementation of a guideline jury system would fill the constitutional void created …
Evidence—Sixth Amendment And The Confrontation Clause—Testimonial Trumps Reliable: The United States Supreme Court Reconsiders Its Approach To The Confrontation Clause. Crawford V. Washington, 541 U.S. 36 (2004)., Kristen Sluyter
University of Arkansas at Little Rock Law Review
No abstract provided.
American Courts Are Drowning In The "Gene Pool": Excavating The Slippery Slope Mechanisms Behind Judicial Endorsement Of Dna Databases, 39 J. Marshall L. Rev. 115 (2005), Meghan Riley
UIC Law Review
No abstract provided.
Privacy And The Criminal Arrestee Or Suspect: In Search Of A Right, In Need Of A Rule, Sadiq Reza
Privacy And The Criminal Arrestee Or Suspect: In Search Of A Right, In Need Of A Rule, Sadiq Reza
Maryland Law Review
No abstract provided.
Crawford V. Washington: Encouraging And Ensuring The Confrontation Of Witness, Robert P. Mosteller
Crawford V. Washington: Encouraging And Ensuring The Confrontation Of Witness, Robert P. Mosteller
University of Richmond Law Review
No abstract provided.
Survey Of Washington Search And Seizure Law: 2005 Update, Justice Charles W. Johnson
Survey Of Washington Search And Seizure Law: 2005 Update, Justice Charles W. Johnson
Seattle University Law Review
This article serves as a source to which the Washington lawyer, judge, law enforcement officer, and others can turn to as an authoritative starting point for researching Washington search and seizure law. In order to be useful as a research tool, revisions to the law and new cases interpreting the Washington Constitution and the United States Constitution require periodic updates to this Survey to reflect the current state of the law. Many of these cases involve the Washington Supreme Court's interpretation of the Washington Constitution. Also, as the United States Supreme Court has continued to examine Fourth Amendment search and …
Constitutional Law—Fourth Amendment—Knock And Announce: The Ninth Circuit Knocks And The Supreme Court Announces A Re-Emphasis On The Case-By-Case Analysis.United States V. Banks, 540 U.S. 31 (2003), Erin Elizabeth Cassinelli
Constitutional Law—Fourth Amendment—Knock And Announce: The Ninth Circuit Knocks And The Supreme Court Announces A Re-Emphasis On The Case-By-Case Analysis.United States V. Banks, 540 U.S. 31 (2003), Erin Elizabeth Cassinelli
University of Arkansas at Little Rock Law Review
No abstract provided.
Balancing A Burning Cross: The Court And Virginia V. Black, 38 J. Marshall L. Rev. 1205 (2005), Jason A. Abel
Balancing A Burning Cross: The Court And Virginia V. Black, 38 J. Marshall L. Rev. 1205 (2005), Jason A. Abel
UIC Law Review
No abstract provided.
Revisiting Robinson: The Eighth Amendment As Constitutional Support For Theories Of Criminal Responsibility, Jeffrey A. Rowe
Revisiting Robinson: The Eighth Amendment As Constitutional Support For Theories Of Criminal Responsibility, Jeffrey A. Rowe
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Crawford V. Washington: The Admissibility Of Statements To Physicians And The Use Of Closed-Circuit Television In Cases Of Child Sexual Abuse, Jon Simon Stefanuca
Crawford V. Washington: The Admissibility Of Statements To Physicians And The Use Of Closed-Circuit Television In Cases Of Child Sexual Abuse, Jon Simon Stefanuca
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Violating The Inviolable: Firearm Industry Retroactive Exemptions And The Need For A New Test For Overreaching Federal Prohibitions, 38 J. Marshall L. Rev. 955 (2005), James L. Daniels
UIC Law Review
No abstract provided.
A Jurisprudence Of Doubt: Missouri V. Seibert, United States V. Patane, And The Supreme Court's Continued Confusion About The Constitutional Status Of Miranda, Johnathan L. Rogers
A Jurisprudence Of Doubt: Missouri V. Seibert, United States V. Patane, And The Supreme Court's Continued Confusion About The Constitutional Status Of Miranda, Johnathan L. Rogers
Oklahoma Law Review
No abstract provided.