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Articles 2431 - 2460 of 2528
Full-Text Articles in Entire DC Network
Decertification Of Police: An Alternative To Traditional Remedies For Police Misconduct, Roger L. Goldman, Steven Purro
Decertification Of Police: An Alternative To Traditional Remedies For Police Misconduct, Roger L. Goldman, Steven Purro
All Faculty Scholarship
This article is the first in-depth examination of revocation of peace officer licenses for citizen abuse. Unlike the more familiar remedy of terminating the officer’s employment, license revocation, more commonly called decertification, has the advantage of disabling the officer from continuing to work in other departments within the state, just as occurs for myriad other professions and occupations. To determine what type of misconduct led to revocation, a file search was made of all revocations by the Florida Criminal Justices Standards and Training Commission during the time period October 1976 – October 1983. Florida was selected because it has been …
A Qualified Academic Freedom Privilege In Employment Litigation: Protecting Higher Education Or Shielding Discrimination?, Ayna J. Partain
A Qualified Academic Freedom Privilege In Employment Litigation: Protecting Higher Education Or Shielding Discrimination?, Ayna J. Partain
Vanderbilt Law Review
Courts have long honored the fundamental principle that the right to full and fair litigation assumes the unobstructed availability of evidence.' When the divulgence of information in court threatens interests or relationships of sufficient social importance,however, courts have recognized a compelling justification for sacrificing the free flow of evidence and have created rules of privilege. Since 1972, when Congress extended Title VII of the Civil Rights Act of 19641 to academic institutions, colleges and universities increasingly have faced broad discovery requests for confidential personnel files by plaintiffs alleging that discriminatory factors such as sex, race, or age played an impermissible …
Rape As A Legal Symbol: An Essay On Sexual Violence And Racism, Kristin Bumiller
Rape As A Legal Symbol: An Essay On Sexual Violence And Racism, Kristin Bumiller
University of Miami Law Review
No abstract provided.
Disorder In The Court: The Death Penalty And The Constitution, Robert A. Burt
Disorder In The Court: The Death Penalty And The Constitution, Robert A. Burt
Michigan Law Review
This article has two purposes. Its first aim is to trace the significance of these shifting characterizations of American society in the Justices' successive approaches to the death penalty by retelling the story of the Court's capital punishment jurisprudence. Its second purpose is to suggest that belief in implacable social hostility destroys the coherence of the judicial role in constitutional adjudication. America may indeed be an irreconcilably polarized society; I cannot dispositively prove or disprove the proposition. I mean only to claim that in constitutional adjudication a judge is obliged to act as if this proposition were false; and, moreover, …
Constitutional Politics: Affirmative Action And Supreme Process, Albert Broderick
Constitutional Politics: Affirmative Action And Supreme Process, Albert Broderick
North Carolina Central Law Review
No abstract provided.
Batson V. Kentucky: Curing The Disease But Killing The Patient, William T. Pizzi
Batson V. Kentucky: Curing The Disease But Killing The Patient, William T. Pizzi
Publications
No abstract provided.
Rights Require Remedies: A New Approach To The Enforcement Of Rights In The Federal Courts, Donald H. Zeigler
Rights Require Remedies: A New Approach To The Enforcement Of Rights In The Federal Courts, Donald H. Zeigler
Articles & Chapters
No abstract provided.
Mccleskey V. Kemp: Constitutional Tolerance For Racially Disparate Capital Sentencing, Fredric J. Bendremer, Gale Bramnick, Joseph C. Jones Iii, Steven N. Lippman
Mccleskey V. Kemp: Constitutional Tolerance For Racially Disparate Capital Sentencing, Fredric J. Bendremer, Gale Bramnick, Joseph C. Jones Iii, Steven N. Lippman
University of Miami Law Review
No abstract provided.
The Dialectic Of Rights And Politics: Perspectives From The Women's Movement, Elizabeth M. Schneider
The Dialectic Of Rights And Politics: Perspectives From The Women's Movement, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Bowers V. Hardwick: The Constitutionality Of Georgia's Sodomy Statute, 20 J. Marshall L. Rev. 325 (1986), James J. Bromberek
Bowers V. Hardwick: The Constitutionality Of Georgia's Sodomy Statute, 20 J. Marshall L. Rev. 325 (1986), James J. Bromberek
UIC Law Review
No abstract provided.
The Court-Ordered Predisposition Evaluation Under Washington's Juvenile Justice Act: A Violation Of The Privilege Against Self-Incrimination?—Wash. Rev. Code § 13.40, Judith H. Ramseyer
The Court-Ordered Predisposition Evaluation Under Washington's Juvenile Justice Act: A Violation Of The Privilege Against Self-Incrimination?—Wash. Rev. Code § 13.40, Judith H. Ramseyer
Seattle University Law Review
This Comment analyzes the significance of the principles animating the constitutional privilege against self-incrimination by first looking at the purposes of Washington’s Juvenile Justice Act; second, by examining the status of the privilege against self-incrimination during sentencing; and third, by applying the values protected by the privilege to the use of predisposition psychological evaluations in Washington juvenile courts.
Our Endangered Rights: The Aclu Report On Civil Liberties Today, Michigan Law Review
Our Endangered Rights: The Aclu Report On Civil Liberties Today, Michigan Law Review
Michigan Law Review
A Review of Our Endangered Rights: The ACLU Report on Civil Liberties Today by Norman Dorsen
Equal Employment And Third Party Privacy Interests: An Analytical Framework For Reconciling Competing Rights, Deborah Calloway
Equal Employment And Third Party Privacy Interests: An Analytical Framework For Reconciling Competing Rights, Deborah Calloway
Faculty Articles and Papers
No abstract provided.
Black Innocence And The White Jury, Sheri Lynn Johnson
Black Innocence And The White Jury, Sheri Lynn Johnson
Michigan Law Review
Racial prejudice has come under increasingly close scrutiny during the past thirty years, yet its influence on the decisionmaking of criminal juries remains largely hidden from judicial and critical examination. In this Article, Professor Johnson takes a close look at this neglected area. She first sets forth a large body of social science research that reveals a widespread tendency among whites to convict black defendants in instances in which white defendants would be acquitted. Next, she argues that none of the existing techniques for eliminating the influence of racial bias on criminal trials adequately protects minority-race defendants. She contends that …
Symposium Address: Racial Justice In The 1980s, Julius L. Chambers
Symposium Address: Racial Justice In The 1980s, Julius L. Chambers
Campbell Law Review
No abstract provided.
Ake V. Oklaboma, Lewis F. Powell Jr.
Attorney-Client Conflicts Of Interest And The Concept Of Non-Negotiable Fee Awards Under 42 U.S.C. § 1988, Emily M. Calhoun
Attorney-Client Conflicts Of Interest And The Concept Of Non-Negotiable Fee Awards Under 42 U.S.C. § 1988, Emily M. Calhoun
Publications
No abstract provided.
Habeas Corpus Review Of State Trial Court Failure To Give Lesser Included Offense Instructions, Michael H. Hoffheimer
Habeas Corpus Review Of State Trial Court Failure To Give Lesser Included Offense Instructions, Michael H. Hoffheimer
University of Michigan Journal of Law Reform
This Note advocates that federal courts review state criminal convictions in habeas corpus proceedings when lesser included offense instructions are available under state law but were not given. Part I demonstrates that granting such review conforms to the modern jurisdictional scope of federal collateral review because failure to give the instructions undermines the fact-finding function of juries and is therefore unconstitutional. Part II analyzes the proper standard of review and determines that the federal interest in protecting the reliability of the fact-finding process should prevail over any conflicting state interest in refusing to give lesser included offense instructions. Part II …
"The Right Of The People": Reconciling Collective And Individual Interests Under The Fourth Amendment, Donald L. Doernberg
"The Right Of The People": Reconciling Collective And Individual Interests Under The Fourth Amendment, Donald L. Doernberg
Elisabeth Haub School of Law Faculty Publications
Professor Doernberg examines a tension within fourth amendment jurisprudence and sugqests a means of resolving it. On the one hand, the Supreme Court has conferred fourth amendment standing only upon those whose personal privacy interests have been disturbed. On the other hand, the Court has allowed such persons to invoke the exclusionary rule only in circumstances where, in the Court's view, it would serve as an effective deterrent. Professor Doernberg traces these two po1icies to different conceptions of the fourth amendment: the first interprets the amendment as a guarantor of individual rights; the second construes it as an instrument for …
Review Article Of A Lawyer Looks At The Equal Rights Amendment And Equal Rights: The Male Stake, Mayer G. Freed
Review Article Of A Lawyer Looks At The Equal Rights Amendment And Equal Rights: The Male Stake, Mayer G. Freed
Journal of Legal Education
No abstract provided.
In Defense Of Public Defenders: Polk County V. Dodson, Jeffrey C. Gilbert
In Defense Of Public Defenders: Polk County V. Dodson, Jeffrey C. Gilbert
University of Miami Law Review
In Polk County v. Dodson, the United States Supreme Court held that a public defender does not act under color of state law "when performing a lawyer's 'traditional functions' as counsel to a defendant in a criminal proceeding." The Court formulated a "functions" test to distinguish cases holding that public defenders act under color of state law when performing administrative tasks or when engaging in nontraditional or criminal acts. The author questions the Court's marked curtailment of indigents' access to federal courts when alleging ineffective representation by public defenders under 42 U.S.C. § 1983. Moreover, the author concludes that …
Defense Of The Civilly Disobedient, Deborah Greenblatt
Defense Of The Civilly Disobedient, Deborah Greenblatt
North Carolina Central Law Review
No abstract provided.
Constitutional Law And Civil Rights, Kingsley R. Browne
Constitutional Law And Civil Rights, Kingsley R. Browne
Law Faculty Research Publications
During the period covered by this survey, most of the constitutional law and civil rights cases considered by the Tenth Circuit Court of Appeals were discrimination actions brought under either section 1983 of the Civil Rights Act of 1871 or Title VII of the Civil Rights Act of 1964. Some of the other topics dealt with by the court were age discrimination, Indian rights, prisoners' rights, drug paraphernalia, ballot access, religious freedom, and the supremacy clause.
Social Enquiry Reports And Sentencing, Jenny M. Roberts, Colin Roberts
Social Enquiry Reports And Sentencing, Jenny M. Roberts, Colin Roberts
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Cairo Experience: Civil Rights Litigation In A Racial Powder Keg, 61 Or. L. Rev. 285 (1982), Michael P. Seng
The Cairo Experience: Civil Rights Litigation In A Racial Powder Keg, 61 Or. L. Rev. 285 (1982), Michael P. Seng
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Right To Defense Experts, Paul C. Giannelli
The Right To Defense Experts, Paul C. Giannelli
Faculty Publications
No abstract provided.
Supplementing The Functional Test Of Prosecutorial Immunity, Anthony J. Luppino
Supplementing The Functional Test Of Prosecutorial Immunity, Anthony J. Luppino
Faculty Works
No abstract provided.
Prosecutorial Discretion And Discrimination In The Decision To Charge, Amy G. Applegate
Prosecutorial Discretion And Discrimination In The Decision To Charge, Amy G. Applegate
Articles by Maurer Faculty
No abstract provided.
Selective Incorporation Revisited, Jerold H. Israel
Selective Incorporation Revisited, Jerold H. Israel
Articles
In June 1960 Justice Brennan's separate opinion in Ohio ex re. Eaton v. Price' set forth what came to be the doctrinal foundation of the Warren Court's criminal procedure revolution. Justice Brennan advocated adoption of what is now commonly described as the "selective incorporation" theory of the fourteenth amendment. That theory, simply put, holds that the fourteenth amendment's due process clause fully incorporates all of those guarantees of the Bill of Rights deemed to be fundamental and thereby makes those guarantees applicable to the states. During the decade that followed Ohio ex re. Eaton v. Price, the Court found incorporated …
The Supreme Court: A Citadel For White Supremacy, Sidney Willhelm
The Supreme Court: A Citadel For White Supremacy, Sidney Willhelm
Michigan Law Review
A Review of Race, Racism and American Law by Derrick A. Bell, Jr.