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Constitutional Law

2007

Institution
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Articles 31 - 34 of 34

Full-Text Articles in Public Law and Legal Theory

Do Constitucionalismo Brasileiro: Uma Introdução Histórica (1824-1988), Paulo Ferreira Da Cunha Dec 2006

Do Constitucionalismo Brasileiro: Uma Introdução Histórica (1824-1988), Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

It is not usual to write a constitutional history from the view point of a foreigner. This is a essai of a glimpse of Brazilian constitutional history from the perspective of a Portuguese, descending from Bazilians, descending from Portuguese. In spite of those circunstances, of course the aim was always the possible objectivity in History and in Constitutional Law History.


Interpreting Bills Of Rights: The Value Of A Comparative Approach, Jack Tsen-Ta Lee Dec 2006

Interpreting Bills Of Rights: The Value Of A Comparative Approach, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

In certain jurisdictions, among them Malaysia, Singapore, and the United States, the practice of consulting comparative legal materials in interpreting domestic bills of rights has been criticized as illegitimate. This article examines four main concerns: (1) the texts of bills of rights – the argument that a bill of rights is to be interpreted within its own four walls and not in the light of analogies drawn from other jurisdictions; (2) national identity – the argument that a bill of rights embodies the values of a nation's people, and it is wrong to refer to foreign experiences to determine such …


Symposium Introduction -- Miranda At 40: Applications In A Post-Enron, Post-9/11 World, Donald J. Kochan Dec 2006

Symposium Introduction -- Miranda At 40: Applications In A Post-Enron, Post-9/11 World, Donald J. Kochan

Donald J. Kochan

The groundbreaking case of Miranda v. Arizona raise[d] questions which go to the roots of our concepts of American criminal jurisprudence: the restraints society must observe consistent with the Federal Constitution in prosecuting individuals for crime. This Introduction to the 2007 Chapman Law Review Symposium summarizes the contemporary examination of Miranda's influence, past and present, along with the continuing debate today. The experiences and precedents that have evolved in the past 40 years helps to explore the evolution of the criminal law and procedural dictates set forth in Miranda. Complications with custodial interrogation - and the impulses and incentives involved …


Economics Of Plea Bargaining, Richard Adelstein Dec 2006

Economics Of Plea Bargaining, Richard Adelstein

Richard Adelstein

A short summary of earlier work for a sociological audience.