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Full-Text Articles in Constitutional Law
The Second Rodney King Trial: Justice In Jeopardy?, Robert C. Gorman
The Second Rodney King Trial: Justice In Jeopardy?, Robert C. Gorman
Akron Law Review
This Comment will trace the roots of the Double Jeopardy Clause of the U.S. Constitution and provide a detailed look at the development of the dual sovereignty doctrine. After this overview, it will analyze the historical, legal and policy arguments advanced by supporters and opponents of the doctrine. It will examine proposals for altering or abolishing the doctrine. Finally, in light of the underlying analysis, it will revisit the Rodney King case and examine whether the defendants' second trial - or any successive prosecution - is justified.
The Shift Of The Balance Of Advantage In Criminal Litigation: The Case Of Mr. Simpson, David Robinson Jr.
The Shift Of The Balance Of Advantage In Criminal Litigation: The Case Of Mr. Simpson, David Robinson Jr.
Akron Law Review
The intense public interest in the extraordinary trial and acquittal of Mr. O.J. Simpson provides an appropriate occasion to look at the criminal justice system more generally, to note where we have been in the balance of advantage between prosecution and defense, where we are now, and where, perhaps, we should be.
The Constitutional Politics Of Interpreting Section 5 Of The Fourteenth Amendment, Christopher P. Banks
The Constitutional Politics Of Interpreting Section 5 Of The Fourteenth Amendment, Christopher P. Banks
Akron Law Review
This essay analyzes the Rehnquist Court’s Section 5 cases by first, in Section I, establishing how the Supreme Court has historically assumed the task of interpreting Congress’ power to act under the Fourteenth Amendment. Two periods, Reconstruction and then the mid- 1960s, are examined because they present contrasting views about the scope of what the Fourteenth Amendment and its enforcement section means. Section II then surveys Section 5 cases from the Rehnquist Court in order to illustrate how its jurisprudence mirrors the antifederalist rhetoric established in the post-reconstruction era while, not surprisingly, departing from the principles set forth in the …
Congressional Enforcement Of Civil Rights And John Bingham's Theory Of Citizenship, Rebecca E. Zietlow
Congressional Enforcement Of Civil Rights And John Bingham's Theory Of Citizenship, Rebecca E. Zietlow
Akron Law Review
In the Twentieth Century, Congress’ power to enact civil rights legislation, and make it privately enforceable against states and private parties, became widely recognized as one of the most important functions of the federal government. Yet in recent years, the Supreme Court has greatly restricted this function with its rulings restricting Congress’ commerce power and its power to enforce the Equal Protection Clause under Section five of the Fourteenth Amendment. Cases such as United States v. Morrison, Board of Trustees of the University of Alabama v. Garrett and Kimel v. Florida Board of Regents have left Congress in a vacuum, …
Unintended Consequences Of The Fourteenth Amendment And What They Tell Us About Its Interpretation, Richard L. Aynes
Unintended Consequences Of The Fourteenth Amendment And What They Tell Us About Its Interpretation, Richard L. Aynes
Akron Law Review
Much of the literature, understandably, seeks to find out what the framers of the amendment or the ratifiers of the amendment “intended.”...This article treats that issue as well, but begins with a different question: Does the amendment have consequences which were unintended by the framers? Over one and a quarter centuries ago, Justice Joseph Bradley answered that question in the affirmative: “It is possible that those who framed the article were not themselves aware of the far ranging character of its terms.” I suggest those unintended consequences include the effect of the Citizenship Clause on the force of the Fourteenth …
Rebuilding The Slaughter-House: The Cases' Support For Civil Rights, David S. Bogen
Rebuilding The Slaughter-House: The Cases' Support For Civil Rights, David S. Bogen
Akron Law Review
This Article sets forth the Slaughter-House Cases’ support for civil rights. Justice Miller used federalism in order to protect Reconstruction legislatures where significant numbers of African-Americans participated fully for the first time. His recital of the history and purpose of the Civil War Amendments centered on the Amendments’ design to protect African-Americans, and suggested sweeping federal power to accomplish that end. Gutting the Privileges and Immunities Clause compelled the Court to read the Equal Protection Clause broadly, and was indirectly responsible for the reapportionment decisions of the Warren Court. The Slaughter-House Court’s structural analysis and its view of federal protective …