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Reyes V. Lewis: A Missed Opportunity For Minors And Miranda, Jessica Bennett 2018 Golden Gate University School of Law

Reyes V. Lewis: A Missed Opportunity For Minors And Miranda, Jessica Bennett

Golden Gate University Law Review

The controversial debate—whether minors understand the complexity of Miranda rights—has prevented lawmakers from producing laws that assist minors in comprehending these warnings. As a protected class, minors should be provided with extra counseling if they are faced with criminal charges in order to save judicial resources and help keep innocent minors out of the criminal justice system. A law mandating that minors consult with a pro tem attorney prior to questioning could reduce the number of cases awaiting adjudication, relieve the court of having to investigate whether the minor was coerced, threatened, intimidated, tricked, or falsely promised, and ...


Introduction, Sidney R. Thomas 2018 Ninth Circuit Court of Appeals

Introduction, Sidney R. Thomas

Golden Gate University Law Review

No abstract provided.


Front Matter, 2018 Golden Gate University School of Law

Front Matter

Golden Gate University Law Review

Front Matter includes Masthead, Faculty Advisors, Preface and Table of Contents.


Concluding Remarks, Leo M. Romero 2018 University of New Mexico

Concluding Remarks, Leo M. Romero

Leo Romero

No abstract provided.


Procedures For Investigating And Prosecuting White Collar Crime, Leo M. Romero 2018 University of New Mexico

Procedures For Investigating And Prosecuting White Collar Crime, Leo M. Romero

Leo Romero

No abstract provided.


On The (De-)Fragmentation Of Statehood In Europe: Reflections On Ernst-Wolfgang Böckenförde’S Work On European Integration, Vlad F. Perju 2018 Boston College Law School

On The (De-)Fragmentation Of Statehood In Europe: Reflections On Ernst-Wolfgang Böckenförde’S Work On European Integration, Vlad F. Perju

Vlad Perju

No abstract provided.


On The (De-)Fragmentation Of Statehood In Europe: Reflections On Ernst-Wolfgang Böckenförde’S Work On European Integration, Vlad F. Perju 2018 Boston College Law School

On The (De-)Fragmentation Of Statehood In Europe: Reflections On Ernst-Wolfgang Böckenförde’S Work On European Integration, Vlad F. Perju

Boston College Law School Faculty Papers

No abstract provided.


Anthony Kennedy: A Most Principled Justice, Mitchell N. Berman, David Peters 2018 University of Pennsylvania Law School

Anthony Kennedy: A Most Principled Justice, Mitchell N. Berman, David Peters

Faculty Scholarship

After three decades on the Court, Justice Anthony Kennedy remains its most widely maligned member. Concentrating on his constitutional jurisprudence, critics from across the ideological spectrum have derided Justice Kennedy as “a self-aggrandizing turncoat,” “an unprincipled weathervane,” and, succinctly, “America’s worst Justice.” We believe that Kennedy is not as bereft of a constitutional theory as common wisdom maintains. To the contrary, this Article argues, his constitutional decisionmaking reflects a genuine grasp (less than perfect, more than rudimentary) of a coherent and, we think, compelling theory of constitutional law—the account, more or less, that one of has introduced in ...


Honorable John D. Clifford, Jr. A Memoir By His Three Law Clerks, Frank M. Coffin, L. Damon Scales Jr., Richard E. Poulos 2018 University of Maine School of Law

Honorable John D. Clifford, Jr. A Memoir By His Three Law Clerks, Frank M. Coffin, L. Damon Scales Jr., Richard E. Poulos

Maine Law Review

The domain over which United States District Judge John D. Clifford, Jr. presided from 1947 until his death in 1956 was very different from what it is today. Anyone could walk into the federal courthouse in Portland. Security guards were unknown, and lawyers, litigants, and passers-by were free to come and go. A leisurely air pervaded all the court offices. There was no hurry. This was an era when there were only two lawyers in the United States Attorney's office: the United States Attorney and his one assistant.


Justice Edward Godfrey And The Role Of The Trial Judge In The Criminal Process, Melvyn H. Zarr University of Maine School of Law 2018 University of Maine School of Law

Justice Edward Godfrey And The Role Of The Trial Judge In The Criminal Process, Melvyn H. Zarr University Of Maine School Of Law

Maine Law Review

At the end of 1994 Dean Edward S. Godfrey III stepped down from his teaching position as Professor Emeritus of the University of Maine School of Law. In honor of his service to Maine’s only law school, to the Maine Supreme Judicial Court, to the Maine Bar, and to the people of the State of Maine, the Board and Staff dedicate Volume 47 of the Maine Law Review to Dean Edward Godfrey. Reviews by Maine Law School faculty members of Dean Godfrey’s Law Court decisions in several areas of the law follow.


Of Judicial Review, High Standards And Edward S. Godfrey, David P. Cluchey 2018 University of Maine School of Law

Of Judicial Review, High Standards And Edward S. Godfrey, David P. Cluchey

Maine Law Review

At the end of 1994 Dean Edward S. Godfrey III stepped down from his teaching position as Professor Emeritus of the University of Maine School of Law. In honor of his service to Maine’s only law school, to the Maine Supreme Judicial Court, to the Maine Bar, and to the people of the State of Maine, the Board and Staff dedicate Volume 47 of the Maine Law Review to Dean Edward Godfrey. Reviews by Maine Law School faculty members of Dean Godfrey’s Law Court decisions in several areas of the law follow.


Basic Trial Advocacy, Michael W. Mullane 2018 University of Maine School of Law

Basic Trial Advocacy, Michael W. Mullane

Maine Law Review

Mary Crates taught me to “begin as you mean to go on.” Peter Murray's book is a good place to begin for those embarking on a life of trial advocacy. For those of us whose beginnings are distant and often painful memories, it is an excellent reminder of where we meant to go. Trial advocacy is an infinitely complex task. This simple fact is both its joy and curse. Teaching trial advocacy is equally difficult. There is no “never” and no “always.” There is a host of commonly accepted maxims, many of which are contradictory on their face and ...


Fiction In The Code: Reading Legislation As Literature, Thomas J. McSweeney 2018 William & Mary Law School

Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney

Faculty Publications

One of the major branches of the field of law and literature is often described as "law as literature." Scholars of law as literature examine the law using the tools of literary analysis. The scholarship in this subfield is dominated by the discussion of narrative texts: confessions, victim-impact statements, and, above all, the judicial opinion. This article will argue that we can use some of the same tools to help us understand non-narrative texts, such as law codes and statutes. Genres create expectations. We do not expect a law code to be literary. Indeed, we tend to dissociate the law ...


Why The Burger Court Mattered, David A. Strauss 2018 University of Chicago Law School

Why The Burger Court Mattered, David A. Strauss

Michigan Law Review

A review of Michael J. Graetz and Linda Greenhouse, The Burger Court and the Rise of the Judicial Right.


All Bathwater, No Baby: Expressive Theories Of Punishment And The Death Penalty, Susan A. Bandes 2018 DePaul University College of Law

All Bathwater, No Baby: Expressive Theories Of Punishment And The Death Penalty, Susan A. Bandes

Michigan Law Review

A review of Carol S. Steiker and Jordan M. Steiker, Courting Death: The Supreme Court and Capital Punishment.


Precedent And Disagreement, Glen Staszewski 2018 Michigan State University College of Law

Precedent And Disagreement, Glen Staszewski

Michigan Law Review

A review of Randy J. Kozel, Settled Versus Right: A Theory of Precedent.


Truth In Law, Andrei Marmor 2018 Selected Works

Truth In Law, Andrei Marmor

Andrei Marmor

In this essay I offer a speech act analysis of truth evaluable content of legal prescriptions. The argument is based on two main frameworks: one, drawn from an analogy with truth in fiction, explains the prefixed nature of legal statements, and the second explores the propositional content of legal prescriptions as a species of exhortative speech acts. Overall, the essay suggests an interpretation of legal prescriptions that allows for the validity of standard legal syllogisms.


Varieties Of Vagueness In The Law, Andrei Marmor 2018 Selected Works

Varieties Of Vagueness In The Law, Andrei Marmor

Andrei Marmor

The main purpose of this essay is to articulate the different types of vagueness, and related linguistic indeterminacies, that we find in statutory language and to explain their different rationales. I argue that the various normative considerations involved in employing vague terms in legislation depend on the kind of vagueness in question. I show that while some cases of vagueness in law are concerned with fairly standard problems of borderline cases, other are not. I also argue that semantic vagueness can be distinguished from conversational vagueness, which we also find in law, and that vagueness in law should be clearly ...


What Is The Right To Privacy?, Andrei Marmor 2018 USC Gould School of Law

What Is The Right To Privacy?, Andrei Marmor

Andrei Marmor

A philosophical account of the right to privacy should explain what is the distinct interest that the right is there to protect, what it takes to secure it, and what would count as a violation of the right. In this paper I argue that the right to privacy is grounded on people’s interest in having a reasonable measure of control over ways in which they present themselves (and what is theirs) to others; I argue that in order to secure this kind of interest we need to have a reasonably secure and predictable environment about the flow of information ...


The Dilemma Of Authority, Andrei Marmor 2018 Selected Works

The Dilemma Of Authority, Andrei Marmor

Andrei Marmor

The normal way to establish that a person has authority over another requires a rule-governed institutional setting. To have authority is to have power, in the juridical sense of the term, and power can only be conferred by norms constituting it. Power conferring norms are essentially institutional, and the obligation to comply with a legitimate authority’s decree is, first and foremost, institutional in nature. Thus, the main argument presented in this essay is that an explanation of practical authorities is a two-stage affair: the special, practical import of an authority can only be explained on the background of an ...


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