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Articles 1 - 4 of 4
Full-Text Articles in Rule of Law
The Case Against Section 1983 Immunity For Witnesses Who Conspire With A State Official To Present Perjured Testimony, Jennifer S. Zbytowski
The Case Against Section 1983 Immunity For Witnesses Who Conspire With A State Official To Present Perjured Testimony, Jennifer S. Zbytowski
Michigan Law Review
This Note argues that witnesses who conspire with a state official to present perjured testimony at a judicial proceeding should not have absolute immunity from a section 1983 suit for damages. Part I provides background information on section 1983 and explains why a witness-state conspiracy satisfies the requirements of a section 1983 cause of action. Part I also summarizes the Supreme Court's doctrinal approach to section 1983 immunity. Finally, Part I examines two Supreme Court cases which are relevant to the issue of immunity for witness conspirators: Briscoe v. LaHue, and Malley v. Briggs. Part II applies the …
External Sovereignty And International Law, Ronald A. Brand
External Sovereignty And International Law, Ronald A. Brand
Articles
This essay addresses the need to redefine current notions of sovereignty. It returns to earlier concepts of subjects joining to receive the benefits of peace and security provided by the sovereign. It diverges from most contemporary commentary by avoiding what has become traditional second-tier social contract analysis. In place of a social contract of states, this redefinition of sovereignty recognizes that international law in the twentieth century has developed direct links between the individual and international law. The trend toward democracy as an international law norm further supports discarding notions of a two-tiered social contract relationship between the individual and …
Sentencing Guidelines And Prosecutorial Discretion, David Boerner
Sentencing Guidelines And Prosecutorial Discretion, David Boerner
Faculty Articles
This article explores the topic of sentencing guidelines. Specifically, the author weighs the intended role of such guidelines against their role in actuality, noting the discrepancy between the two. The article concludes that it is up to the values and skill of those who implement the sentencing guidelines for their proper manifestation in the legislative process.
Book Review. Dynamic Statutory Interpretation By William N. Eskridge, Jr., William D. Popkin
Book Review. Dynamic Statutory Interpretation By William N. Eskridge, Jr., William D. Popkin
Articles by Maurer Faculty
No abstract provided.