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Articles 1 - 30 of 50
Full-Text Articles in Constitutional Law
Democratizing Tthe Eighth Amendment, Erin E. Braatz
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
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
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
``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
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
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
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.
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
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
Villanova Law Review
No abstract provided.
Criminal Law And Procedure, Various Editors
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
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
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
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.
Due Process In The Prison: A Third Form, Edmund B. Spaeth Jr.
Villanova Law Review
No abstract provided.
Recent Developments, Various Editors
The Federal Anti-Riot Act And Political Crime: The Need For Criminal Law Theory, Marvin Zalman
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
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
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
Villanova Law Review
No abstract provided.
The Automobile Inventory Search And Cady V. Dombrowski, Robert M. Hall
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
Villanova Law Review
No abstract provided.
The Communication Of The Supreme Court's Criminal Procedure Decisions: A Preliminary Mapping, Stephen L. Wasby
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
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
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
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
Villanova Law Review
No abstract provided.
Recent Developments, Various Editors
Recent Developments, Various Editors
The Courts' Responsibility For Prison Reform, Edmund B. Spaeth Jr.
The Courts' Responsibility For Prison Reform, Edmund B. Spaeth Jr.
Villanova Law Review
No abstract provided.