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Articles 1 - 4 of 4
Full-Text Articles in Other Law
La Preuve Pénale Et Des Tests Génétiques: United States Report, Christopher L. Blakesley
La Preuve Pénale Et Des Tests Génétiques: United States Report, Christopher L. Blakesley
Scholarly Works
A major problem for those analyzing U.S. criminal law and procedure is that it does not fit the Continental or British mold. There is no one single system, but parallel federal and 50 state systems each with its own legislature, laws, courts (including trial, appellate, and supreme courts), police, prosecutors and prisons. The authorities who enact and implement these laws are sovereign within their respective jurisdictions. Each state has police power over its people. The 10th amendment to the U.S. Constitution controls allocation of federal and state authority. It provides that whatever the Constitution has not designated as being within …
Deconstructing Homo[Genous] Americanus: The White Ethnic Immigrant Narrative And Its Exclusionary Effect, Sylvia R. Lazos
Deconstructing Homo[Genous] Americanus: The White Ethnic Immigrant Narrative And Its Exclusionary Effect, Sylvia R. Lazos
Scholarly Works
This Article examines why the assumption of sameness is so pervasive in our society, and why the very idea of diversity is so resisted. The assumption and the corollary mandate to be the same are embedded in American cultural ideology, in how Americans think of themselves, in the stories that we tell regarding who we are and where we come from, in how we construct our values and norms, and in how Americans make sense of our chaotic social world. The assumption and mandate of sameness not only influence American culture, they also guide judges' thinking and decision-making in key …
Race, Angst And Capital Punishment: The Burger Court's Existential Struggle, Katherine R. Kruse
Race, Angst And Capital Punishment: The Burger Court's Existential Struggle, Katherine R. Kruse
Scholarly Works
This article chronicles the Burger Court's inability to fashion a suitable remedy for racism in the discretionary system of capital sentencing. The article discusses the Court's initial response, “remedial paralysis,” which is evident, not only in McGautha v. California, where the Court refused to find that the Due Process Clause was violated by standardless death sentencing, but also in Furman v. Georgia, where the Court decided to abolish the death penalty. The article further explores the Court's reinstatement of the death penalty, and two of the Court's forays into “bad faith” denial that sustained the death penalty, particularly the Court's …
Brandeis, Progressivism, And Commercial Law: Rethinking Benedict V. Ratner, Edward J. Janger
Brandeis, Progressivism, And Commercial Law: Rethinking Benedict V. Ratner, Edward J. Janger
Faculty Scholarship
No abstract provided.