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Articles 1 - 3 of 3
Full-Text Articles in Fourteenth Amendment
Political Wine In A Judicial Bottle: Justice Sotomayor's Surprising Concurrence In Aurelius, Christina D. Ponsa-Kraus
Political Wine In A Judicial Bottle: Justice Sotomayor's Surprising Concurrence In Aurelius, Christina D. Ponsa-Kraus
Faculty Scholarship
For seventy years, Puerto Ricans have been bitterly divided over how to decolonize the island, a U.S. territory. Many favor Puerto Rico’s admission into statehood. But many others support a different kind of relationship with the United States: they believe that in 1952, Puerto Rico entered into a “compact” with the United States that transformed it from a territory into a “commonwealth,” and they insist that “commonwealth” status made Puerto Rico a separate sovereign in permanent union with the United States. Statehood supporters argue that there is no compact, nor should there be: it is neither constitutionally possible, nor desirable …
Democratic Policing Before The Due Process Revolution, Sarah Seo
Democratic Policing Before The Due Process Revolution, Sarah Seo
Faculty Scholarship
According to prevailing interpretations of the Warren Court’s Due Process Revolution, the Supreme Court constitutionalized criminal procedure to constrain the discretion of individual officers. These narratives, however, fail to account for the Court’s decisions during that revolutionary period that enabled discretionary policing. Instead of beginning with the Warren Court, this Essay looks to the legal culture before the Due Process Revolution to provide a more coherent synthesis of the Court’s criminal procedure decisions. It reconstructs that culture by analyzing the prominent criminal law scholar Jerome Hall’s public lectures, Police and Law in a Democratic Society, which he delivered in 1952 …
Do Sexually Violent Predator Laws Violate Double Jeopardy Or Substantive Due Process?: An Empirical Inquiry, Tamara Rice, Justin Mccrary
Do Sexually Violent Predator Laws Violate Double Jeopardy Or Substantive Due Process?: An Empirical Inquiry, Tamara Rice, Justin Mccrary
Faculty Scholarship
In 1997, the Supreme Court held that the sexually violent predator (SVP) act in Kansas did not violate double jeopardy or substantive due process even though it indefinitely commits an individual to a locked state-run facility after that individual has completed a maximum prison term. In this article, we question a core empirical foundation for the Court’s holding in Hendricks: that SVPs are so dangerous that they will commit repeat acts of sexual violence if they are not confined. Our findings suggest that SVP laws have had no discernible impact on the incidence of sex crimes. These results challenge …