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- Villanova Law Review (18)
- David B Kopel (6)
- Donald W. Dowd (2)
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- Cornell Law Faculty Publications (1)
- David Holman (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Journal Articles (1)
- Lawrence Rosenthal (1)
- O. Carter Snead (1)
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- Seattle University Law Review (1)
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Articles 1 - 30 of 39
Full-Text Articles in Criminal Law
Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd
Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd
Donald W. Dowd
No abstract provided.
Skyjacking: Problems And Potential Solutions - Introduction, Donald W. Dowd
Skyjacking: Problems And Potential Solutions - Introduction, Donald W. Dowd
Donald W. Dowd
No abstract provided.
Unenumerated Rights And The Limits Of Analogy: A Critque Of The Right To Medical Self-Defense, O. Carter Snead
Unenumerated Rights And The Limits Of Analogy: A Critque Of The Right To Medical Self-Defense, O. Carter Snead
O. Carter Snead
Volokh’s project stands or falls with the claim that the entitlement he proposes is of constitutional dimension. If there is no fundamental right to medical self-defense, the individual must, for better or worse, yield to the regulation of this domain in the name of the values agreed to by the political branches of government. Indeed, the government routinely restricts the instrumentalities of self-help (including self-defense) in the name of avoiding what it takes to be more significant harms. This same rationale accounts for current governmental limitations on access to unapproved drugs and the current ban on organ sales. The FDA …
Is Brown The New Black?: American Muslims, Inherent Propensity For Violence, And America’S Racial History, Amara S. Chaudhry-Kravitz
Is Brown The New Black?: American Muslims, Inherent Propensity For Violence, And America’S Racial History, Amara S. Chaudhry-Kravitz
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Knives And The Second Amendment, David B. Kopel, Claytom E. Cramer, Joseph P. Olson
Knives And The Second Amendment, David B. Kopel, Claytom E. Cramer, Joseph P. Olson
David B Kopel
This Article is the first scholarly analysis of knives and the Second Amendment. Under the Supreme Court’s standard in District of Columbia v. Heller, knives are Second Amendment “arms” because they are “typically possessed by law-abiding citizens for lawful purposes,” including self-defense.
There is no knife that is more dangerous than a modern handgun; to the contrary, knives are much less dangerous. Therefore, restrictions on carrying handguns set the upper limit for restrictions on carrying knives.
Prohibitions on carrying knives in general, or of particular knives, are unconstitutional. For example, bans of knives that open in a convenient way (e.g., …
Mexico's Gun Control Laws: A Model For The United States?, David B. Kopel
Mexico's Gun Control Laws: A Model For The United States?, David B. Kopel
David B Kopel
This article explicates Mexico’s constitutional right to arms and Mexico’s main gun-control statute, the Federal Law of Firearms and Explosives (Ley Federal de Armas de Fuego y Explosivos). Along the way, the article notes various proposals to move U.S. gun laws in a Mexican direction.
Part II of this article is an English translation of the Mexican constitution’s guarantee of the right to arms, as well as predecessor versions of the guarantee.
Part III explains the operation of Mexico’s gun-control system and provides some historical and statistical information about gun ownership and gun smuggling in Mexico.
Part IV describes some …
Substance And Method In The Year 2000, Akhil Reed Amar
Substance And Method In The Year 2000, Akhil Reed Amar
Pepperdine Law Review
No abstract provided.
Those Who Can't, Teach: What The Legal Career Of John Yoo Tells Us About Who Should Be Teaching Law, Lawrence Rosenthal
Those Who Can't, Teach: What The Legal Career Of John Yoo Tells Us About Who Should Be Teaching Law, Lawrence Rosenthal
Lawrence Rosenthal
Perhaps no member of the legal academy in America is more controversial than John Yoo. For his role in producing legal opinions authorizing what is thought by many to be abusive treatment of detainees as part of the Bush Administration’s “Global War on Terror,” some have called for him to be subjected to professional discipline, others have called for his criminal prosecution. This paper raises a different question: whether John Yoo – and his like – ought to be teaching law.
John Yoo provides something of a case study in the problems in legal education today. As a scholar, Professor …
Violent Crimes And Known Associates: The Residual Clause Of The Armed Career Criminal Act, David C. Holman
Violent Crimes And Known Associates: The Residual Clause Of The Armed Career Criminal Act, David C. Holman
David Holman
Confusion reigns in federal courts over whether crimes qualify as “violent felonies” for purposes of the Armed Career Criminal Act (ACCA). The ACCA requires a fifteen-year minimum sentence for felons convicted of possessing a firearm who have three prior convictions for violent felonies. Many offenders receive the ACCA’s mandatory minimum sentence of fifteen years based on judges’ guesses that their prior crimes could be committed in a violent manner—instead of based on the statutory crimes of which they were actually convicted. Offenders who do not deserve a minimum sentence of fifteen years may receive it anyway.
The courts’ application of …
The Right To Arms In The Living Constitution, David B. Kopel
The Right To Arms In The Living Constitution, David B. Kopel
David B Kopel
This Article presents a brief history of the Second Amendment as part of the living Constitution. From the Early Republic through the present, the American public has always understood the Second Amendment as guaranteeing a right to own firearms for self-defense. That view has been in accordance with élite legal opinion, except for a period in part of the twentieth century.
"Living constitutionalism" should be distinguished from "dead constitutionalism." Under the former, courts looks to objective referents of shared public understanding of constitutional values. Examples of objective referents include state constitutions, as well as federal or state laws to protect …
Equal Sentences For Unequal Participation: Should The Eighth Amendment Allow All Juvenile Murder Accomplices To Receive Life Without Parole?, Brian Gallini
Brian Gallini
Suspension And The Extrajudicial Constitution, Trevor W. Morrison
Suspension And The Extrajudicial Constitution, Trevor W. Morrison
Cornell Law Faculty Publications
What happens when Congress suspends the writ of habeas corpus? Everyone agrees that suspending habeas makes that particular - and particularly important - judicial remedy unavailable for those detained by the government. But does suspension also affect the underlying legality of the detention? That is, in addition to making the habeas remedy unavailable, does suspension convert an otherwise unlawful detention into a lawful one? Some, including Justice Scalia in the 2004 case Hamdi v. Rumsfeld and Professor David Shapiro in an important recent article, answer yes.
This Article answers no. I previously offered that same answer in a symposium essay; …
Unenumerated Rights And The Limits Of Analogy: A Critque Of The Right To Medical Self-Defense, O. Carter Snead
Unenumerated Rights And The Limits Of Analogy: A Critque Of The Right To Medical Self-Defense, O. Carter Snead
Journal Articles
Volokh’s project stands or falls with the claim that the entitlement he proposes is of constitutional dimension. If there is no fundamental right to medical self-defense, the individual must, for better or worse, yield to the regulation of this domain in the name of the values agreed to by the political branches of government. Indeed, the government routinely restricts the instrumentalities of self-help (including self-defense) in the name of avoiding what it takes to be more significant harms. This same rationale accounts for current governmental limitations on access to unapproved drugs and the current ban on organ sales. The FDA …
The Evolving Police Power: Some Observations For A New Century, David B. Kopel, Glenn Harlan Reynolds
The Evolving Police Power: Some Observations For A New Century, David B. Kopel, Glenn Harlan Reynolds
David B Kopel
A review of state and federal courts decisions on the scope of state police powers suggests that the shift from the more restrictive sic utere principle to the more open salus populi principle may be reversing, with courts -- at least in cases involving sex and marriage -- taking a much more skeptical view of government objectives and justifications.
Clueless: The Misuse Of Batf Firearms Tracing Data, David B. Kopel
Clueless: The Misuse Of Batf Firearms Tracing Data, David B. Kopel
David B Kopel
Sometimes the Bureau of Alcohol, Tobacco and Firearms traces the registered sales history of a gun which was used in a crime, or which has been seized by the police. Traced guns are not representative of the broader universe of crime guns. Accordingly, drawing public policy conclusions based on tracing data is unwise.
Preventing A Reign Of Terror: Civil Liberties Implications Of Terrorism Legislation, David B. Kopel, Joseph Olson
Preventing A Reign Of Terror: Civil Liberties Implications Of Terrorism Legislation, David B. Kopel, Joseph Olson
David B Kopel
Domestic terrorism is not a reason to abrogate constitutional rights, argues this 101-page paper, which discusses the 1996 omnibus federal terrorism bill, and other terror proposals. Topics include: scope of the terrorism problem; Britain's mistaken response to terror; use of the military in law enforcement; the Internet; militias; wiretapping; the FBI; and federalizing local crime.
When The Constable Blunders: A Comparison Of The Law Of Police Interrogation In Canada And The United States, Robert Harvie, Hamar Foster
When The Constable Blunders: A Comparison Of The Law Of Police Interrogation In Canada And The United States, Robert Harvie, Hamar Foster
Seattle University Law Review
This Article explores the Supreme Court of Canada's use of the Charter of Rights and Freedoms in limiting police interrogations and compares its case decisions with cases from the Supreme Court of the United States. Part II of this Article examines the purposes and policies underlying sections 10(b), 7, and 24(2) of the Charter. Part III then examines the application of sections 10(b) and 7 in situations where (1) suspects are interrogated by uniformed police officers or other persons known to be in authority, and (2) suspects are interrogated surreptitiously by persons not known to be in authority. In both …
Gideon V. Wainwright Revisited: What Does The Right To Counsel Guarantee Today?, Michael B. Mushlin
Gideon V. Wainwright Revisited: What Does The Right To Counsel Guarantee Today?, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications
In Gideon v. Wainwright, the Supreme Court unanimously held that indigent state felony defendants are constitutionally entitled to the appointment of trial counsel. The opinion aroused wide support, and even enthusiasm, almost from the moment it was announced in 1963. Two and a half decades later this support has not diminished. However, are the words of praise only lip service to the noble idea of the right to counsel? Has Gideon really made a difference? Has its promise of a fair shake for poor criminal defendants been kept, or has Gideon meant only that defendants are provided with the fleeting …
A Guide To Pennsylvania Delinquency Law, Leonard Packel
A Guide To Pennsylvania Delinquency Law, Leonard Packel
Villanova Law Review
No abstract provided.
Saxbe V. Washington Post, Lewis F. Powell Jr.
Saxbe V. Washington Post, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Pell V. Procunier, Lewis F. Powell Jr.
An Overview Of Administrative Due Process: Part Ii, O. John Rogge
An Overview Of Administrative Due Process: Part Ii, O. John Rogge
Villanova Law Review
No abstract provided.
The Fourth Amendment At The Airport: Arriving, Departing, Or Cancelled, Joel M. Gora
The Fourth Amendment At The Airport: Arriving, Departing, Or Cancelled, Joel M. Gora
Villanova Law Review
No abstract provided.
An Overview Of Administrative Due Process: Part I, O. John Rogge
An Overview Of Administrative Due Process: Part I, O. John Rogge
Villanova Law Review
No abstract provided.
Skyjacking: Problems And Potential Solutions - Introduction, Donald W. Dowd
Skyjacking: Problems And Potential Solutions - Introduction, Donald W. Dowd
Villanova Law Review
No abstract provided.
The Correctional Institution As A Rehabilitation Center - A Former Inmate's View, Victor Taylor
The Correctional Institution As A Rehabilitation Center - A Former Inmate's View, Victor Taylor
Villanova Law Review
No abstract provided.
The Legal Controversy As It Relates To Correctional Institutions - A Prison Administrator's View, Joseph R. Brierley
The Legal Controversy As It Relates To Correctional Institutions - A Prison Administrator's View, Joseph R. Brierley
Villanova Law Review
No abstract provided.
Prisoners' Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation, Joseph R. Brierley, Victor Rabinowitz, Edmund B. Spaeth Jr., James D. Crawford
Prisoners' Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation, Joseph R. Brierley, Victor Rabinowitz, Edmund B. Spaeth Jr., James D. Crawford
Villanova Law Review
No abstract provided.
Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd
Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd
Villanova Law Review
No abstract provided.
Prisoners' Rights - A Prosecutor's View, James D. Crawford
Prisoners' Rights - A Prosecutor's View, James D. Crawford
Villanova Law Review
No abstract provided.