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Full-Text Articles in Constitutional Law

Democratizing Tthe Eighth Amendment, Erin E. Braatz May 2023

Democratizing Tthe Eighth Amendment, Erin E. Braatz

Villanova Law Review

No abstract provided.


Stacking The Deck: How The Eighth Circuit's Decision In United States V. Crandall Threatens The First Step Act's Bipartisan Criminal Justice Reforms, Anthony Passela May 2023

Stacking The Deck: How The Eighth Circuit's Decision In United States V. Crandall Threatens The First Step Act's Bipartisan Criminal Justice Reforms, Anthony Passela

Villanova Law Review

No abstract provided.


The Burden Of Time: Government Negligence In Pandemic Planning As A Catalyst For Reinvigorating The Sixth Amendment Speedy Trial Right, Sara Hildebrand, Ashley Cordero May 2022

The Burden Of Time: Government Negligence In Pandemic Planning As A Catalyst For Reinvigorating The Sixth Amendment Speedy Trial Right, Sara Hildebrand, Ashley Cordero

Villanova Law Review

No abstract provided.


``No One Does That Anymore": On Tushnet, Constitutions, And Others, Penelope J. Pether Jun 2008

``No One Does That Anymore": On Tushnet, Constitutions, And Others, Penelope J. Pether

Working Paper Series

In this contribution to the Quinnipiac Law Review’s annual symposium edition, this year devoted to the work of Mark Tushnet, I read his antijuridification scholarship “against the grain,” concluding both that Tushnet’s later scholarship is neo-Realist rather than critical in its orientation, and that both his early scholarship on slavery and his post-9/11 constitutional work reveal an ambivalence about the claim that we learn from history to circumscribe our excesses, which anchors his popular constitutionalist rhetoric.

The likeness of Tushnet’s scholarship to the work of the Realists lies in this: while the Realists’ search for a science that would satisfy …


Redefining A Culpable Mental State For Non-Triggermen Facing The Death Penalty, James J. Holman Jan 1988

Redefining A Culpable Mental State For Non-Triggermen Facing The Death Penalty, James J. Holman

Villanova Law Review

No abstract provided.


The Fourth Amendment Today: A Bicentennial Appraisal, Wayne R. Lafave Jan 1987

The Fourth Amendment Today: A Bicentennial Appraisal, Wayne R. Lafave

Villanova Law Review

No abstract provided.


Administrative Search And Seizure Whither The Warrant, Jack M. Kress, Carole D. Iannelli Jan 1986

Administrative Search And Seizure Whither The Warrant, Jack M. Kress, Carole D. Iannelli

Villanova Law Review

No abstract provided.


Does A Criminal Defendant Have A Constitutional Right To Compel The Production Of Privileged Testimony Through Use Immunity, Louis M. Natali Jr. Jan 1985

Does A Criminal Defendant Have A Constitutional Right To Compel The Production Of Privileged Testimony Through Use Immunity, Louis M. Natali Jr.

Villanova Law Review

No abstract provided.


New York V. Quarles: The Dissolution Of Miranda, Mary M. Keating Jan 1985

New York V. Quarles: The Dissolution Of Miranda, Mary M. Keating

Villanova Law Review

No abstract provided.


Criminal Procedure - Fourth Amendment - In Determining Whether An Affidavit Based Upon An Informant's Tip Constitutes Probable Cause To Issue A Search Warrant, A Magistrate Is To Apply A Totality Of Circumstances Approach, Jamieson M. Schiff Jan 1984

Criminal Procedure - Fourth Amendment - In Determining Whether An Affidavit Based Upon An Informant's Tip Constitutes Probable Cause To Issue A Search Warrant, A Magistrate Is To Apply A Totality Of Circumstances Approach, Jamieson M. Schiff

Villanova Law Review

No abstract provided.


Criminal Law And Procedure, Various Editors Jan 1982

Criminal Law And Procedure, Various Editors

Villanova Law Review

No abstract provided.


Constitutional Law - Due Process Clause - Where New Prosecution Is Initiated For Additional Criminal Activity Not Specified In An Original Indictment, Actual Vindictiveness Is The Proper Standard To Determine Whether Such Prosecutorial Conduct Is Constitutionally Permissible, Peter R. Kahana Jan 1980

Constitutional Law - Due Process Clause - Where New Prosecution Is Initiated For Additional Criminal Activity Not Specified In An Original Indictment, Actual Vindictiveness Is The Proper Standard To Determine Whether Such Prosecutorial Conduct Is Constitutionally Permissible, Peter R. Kahana

Villanova Law Review

No abstract provided.


Criminal Procedure - Due Process Is Not Violated When Prosecutor Carries Out Threat To Bring Increased Charges After Defendant Refuses To Plead Guilty During Plea Bargaining Session, Catherine N. Jasons Jan 1978

Criminal Procedure - Due Process Is Not Violated When Prosecutor Carries Out Threat To Bring Increased Charges After Defendant Refuses To Plead Guilty During Plea Bargaining Session, Catherine N. Jasons

Villanova Law Review

No abstract provided.


Constitutional Law - Corrections - Prisoners' Constitutional Right Of Access To Courts Imposes Duty On State To Provide Prison Law Libraries, Amanda M. Shaw Jan 1978

Constitutional Law - Corrections - Prisoners' Constitutional Right Of Access To Courts Imposes Duty On State To Provide Prison Law Libraries, Amanda M. Shaw

Villanova Law Review

No abstract provided.


Due Process In The Prison: A Third Form, Edmund B. Spaeth Jr. Jan 1976

Due Process In The Prison: A Third Form, Edmund B. Spaeth Jr.

Villanova Law Review

No abstract provided.


Recent Developments, Various Editors Jan 1976

Recent Developments, Various Editors

Villanova Law Review

No abstract provided.


The Federal Anti-Riot Act And Political Crime: The Need For Criminal Law Theory, Marvin Zalman Jan 1975

The Federal Anti-Riot Act And Political Crime: The Need For Criminal Law Theory, Marvin Zalman

Villanova Law Review

No abstract provided.


The Fifth Amendment And Compelled Testimony: Practical Problems In The Wake Of Kastigar, E. R. Harding Jan 1974

The Fifth Amendment And Compelled Testimony: Practical Problems In The Wake Of Kastigar, E. R. Harding

Villanova Law Review

No abstract provided.


Constitutional Law - Fourth Amendment - A Witness May Not Invoke The Exclusionary Rule To Suppress Evidence Before The Grand Jury Or As A Basis For Refusing To Answer Questions Based On Evidence Seized In Violation Of His Fourth Amendment Rights, Leland G. Ripley Jan 1974

Constitutional Law - Fourth Amendment - A Witness May Not Invoke The Exclusionary Rule To Suppress Evidence Before The Grand Jury Or As A Basis For Refusing To Answer Questions Based On Evidence Seized In Violation Of His Fourth Amendment Rights, Leland G. Ripley

Villanova Law Review

No abstract provided.


Constitutional Law - Fourth Amendment - Conduct Of An Effective Foreign Policy Demands That Presidential Power To Conduct Electronic Surveillance For Foreign Affaris Purposes Not Be Subjected To Warrant Requirement, And That Subsequent Judicial Review Be Limited, Mark R. Cuker Jan 1974

Constitutional Law - Fourth Amendment - Conduct Of An Effective Foreign Policy Demands That Presidential Power To Conduct Electronic Surveillance For Foreign Affaris Purposes Not Be Subjected To Warrant Requirement, And That Subsequent Judicial Review Be Limited, Mark R. Cuker

Villanova Law Review

No abstract provided.


The Automobile Inventory Search And Cady V. Dombrowski, Robert M. Hall Jan 1974

The Automobile Inventory Search And Cady V. Dombrowski, Robert M. Hall

Villanova Law Review

No abstract provided.


Constitutional Law - Fourteenth Amendment Due Process - Representation By Counsel At Trial Is A Prerequisite To The Imposition Of Any Sentence Of Imprisonment Absent Valid Waiver, William J. Lehane Jan 1973

Constitutional Law - Fourteenth Amendment Due Process - Representation By Counsel At Trial Is A Prerequisite To The Imposition Of Any Sentence Of Imprisonment Absent Valid Waiver, William J. Lehane

Villanova Law Review

No abstract provided.


The Communication Of The Supreme Court's Criminal Procedure Decisions: A Preliminary Mapping, Stephen L. Wasby Jan 1973

The Communication Of The Supreme Court's Criminal Procedure Decisions: A Preliminary Mapping, Stephen L. Wasby

Villanova Law Review

No abstract provided.


Constitutional Law - Privilege Against Self-Incrimination - Compulsory Production Of Taxpayer's Business Records In Third Party Possession Held Not Violative Of The Fourth And Fifth Amendments, Douglas Paul Coopersmith Jan 1973

Constitutional Law - Privilege Against Self-Incrimination - Compulsory Production Of Taxpayer's Business Records In Third Party Possession Held Not Violative Of The Fourth And Fifth Amendments, Douglas Paul Coopersmith

Villanova Law Review

No abstract provided.


Constitutional Law - Double Jeopardy - State Prosecution Barred After Federal Prosecution For Same Offense - Burden On State To Show Substantially Different Interests From Those Of Initial Prosecuting Jurisdiction, Ronald J. Examitas Jan 1973

Constitutional Law - Double Jeopardy - State Prosecution Barred After Federal Prosecution For Same Offense - Burden On State To Show Substantially Different Interests From Those Of Initial Prosecuting Jurisdiction, Ronald J. Examitas

Villanova Law Review

No abstract provided.


Constitutional Law - Rights Of Criminal Defendants - Counsel's Presence Is Not Required At Pre-Indictment Identification Confrontations, Howell K. Rosenberg Jan 1973

Constitutional Law - Rights Of Criminal Defendants - Counsel's Presence Is Not Required At Pre-Indictment Identification Confrontations, Howell K. Rosenberg

Villanova Law Review

No abstract provided.


Constitutional Law - Search And Seizure - Fourth Amendment Vagueness - Evidence Excluded When Obtained By Search Incident To Vagrancy Arrest Under Statute Previously Held Void For Vagueness, Allen C. Warshaw Jan 1972

Constitutional Law - Search And Seizure - Fourth Amendment Vagueness - Evidence Excluded When Obtained By Search Incident To Vagrancy Arrest Under Statute Previously Held Void For Vagueness, Allen C. Warshaw

Villanova Law Review

No abstract provided.


Recent Developments, Various Editors Jan 1972

Recent Developments, Various Editors

Villanova Law Review

No abstract provided.


Recent Developments, Various Editors Jan 1972

Recent Developments, Various Editors

Villanova Law Review

No abstract provided.


The Courts' Responsibility For Prison Reform, Edmund B. Spaeth Jr. Jan 1971

The Courts' Responsibility For Prison Reform, Edmund B. Spaeth Jr.

Villanova Law Review

No abstract provided.