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Salvaging Proportionate Prison Sentencing: A Reply To Rummel V. Estelle, Thomas F. Cavalier Jan 1982

Salvaging Proportionate Prison Sentencing: A Reply To Rummel V. Estelle, Thomas F. Cavalier

University of Michigan Journal of Law Reform

Part I of this Note provides a capsule of the Court's holding in Rummel. Part II argues, contrary to Rummel, that precedential support can be mustered to support eighth amendment review of sentence length. Finally, part 11,1 discusses the continued viability of the proportionality test as a vehicle for assessing challenges to the length of imprisonment, and discounts the concerns voiced in Rummel regarding the difficulty of judicial review of legislative sentencing decisions.

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Parratt V. Taylor: Opening And Closing The Door On Section 1983, Leon Friedman Jan 1982

Parratt V. Taylor: Opening And Closing The Door On Section 1983, Leon Friedman

UC Law Constitutional Quarterly

No abstract provided.

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Entrapment, Shocked Consciences, And The Staged Arrest, Bennett L. Gershman Jan 1982

Entrapment, Shocked Consciences, And The Staged Arrest, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

This Article discusses the relatively spare and unsettled case law relating to the staged arrest, reflected primarily in United States v. Archer and Nigrone v. Murtagh. Part III of this Article examines the defense of entrapment, one of the most confusing and controversial legal doctrines, and its application to the staged arrest. Because the staged arrest ineluctably raises questions of offensive government conduct that neither constitutes unlawful entrapment nor invades any independent rights of citizens, part IV considers the analysis of courts that have invoked the due process clause to limit government investigations. In view of the failure of these …

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Jurisdiction Meets The Press: First Amendment Considerations In Jurisdictional Analysis, Karen Havilan Jan 1982

Jurisdiction Meets The Press: First Amendment Considerations In Jurisdictional Analysis, Karen Havilan

UC Law Constitutional Quarterly

No abstract provided.

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Abscam, The Judiciary, And The Ethics Of Entrapment, Bennett L. Gershman Jan 1982

Abscam, The Judiciary, And The Ethics Of Entrapment, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Part I of this Article surveys the development of the competing threads of entrapment theory. Part II shows how these theories were applied in the Abscam prosecutions. Part III turns to the predisposition test and demonstrates its analytical flaws and its ineffectiveness in restraining he improper use of inducements in undercover investigations. Part IV offers specific suggestions for a federal entrapment statute to remedy these defects. The statute allows an entrapment defense where the undercover techniques used fall outside a narrowly defined range of permissible conduct. If the government's conduct is permissible, the statute nevertheless requires the decision-maker to examine …

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Political Parties Before The Bar: The Controversy Over Associational Rights, Gary L. Scott, Craig L. Carr Jan 1982

Political Parties Before The Bar: The Controversy Over Associational Rights, Gary L. Scott, Craig L. Carr

Seattle University Law Review

This article will discuss the scope and nature of constitutional protection to be afforded political party autonomy by the first and fourteenth amendments. The purpose of the present discussion is to review both legal and political sides of this question. Once this is done it will become clear that a party right to protected autonomy during the candidate selection process is not only founded upon solid constitutional ground but is also in keeping with sound political wisdom.

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A Graphic Review Of The Free Speech Clause, William W. Van Alstyne Jan 1982

A Graphic Review Of The Free Speech Clause, William W. Van Alstyne

Faculty Scholarship

This work acts as a spring board for the study of the Free Speech Clause of the First Amendment. It builds useful graphical representations of complex constitutional theories from the ground up, allowing students to follow both development and the application of these theories.

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Criminal Law And Procedure, Various Editors Jan 1982

Criminal Law And Procedure, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

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Criminal Law: Homicide, Ellen Y. Suni Jan 1982

Criminal Law: Homicide, Ellen Y. Suni

Faculty Works

Substantive criminal law in Missouri has undergone substantial change in recent years. The most significant aspect of this change has been the adoption of the criminal code which discarded common law definitions of crime and redefined offenses in accord with the more modern Model Penal Code ap­proach. Although the code's drafters recommended major revision of the homicide statutes, these revisions were not ultimately adopted and the Mis­souri homicide statutes retained their common law approach. A combination of United States Supreme Court decisions, legislative activity and Missouri cases decided during the last decade, however, have led to important develop­ments in the …

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Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel Jan 1982

Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel

Book Chapters

During the 1960s, the Warren Court's decisions in the field of criminal procedure were strongly denounced by many prosecutors, police officers, and conservative politicians. Some of these critics were careful in their description of the Warren Court's record. Others let their strong opposition to several of the Court's more highly publicized decisions destroy their perception of the Court's work as a whole.

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Constitutional Limitations On Obtaining Evidence For Scientific Analysis, Paul C. Giannelli Jan 1982

Constitutional Limitations On Obtaining Evidence For Scientific Analysis, Paul C. Giannelli

Faculty Publications

No abstract provided.

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The Right Of Confrontation: Part I, Paul C. Giannelli Jan 1982

The Right Of Confrontation: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.

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The Constitution, The Supreme Court, And Creativity, Jeffrey M. Shaman Jan 1982

The Constitution, The Supreme Court, And Creativity, Jeffrey M. Shaman

UC Law Constitutional Quarterly

No abstract provided.

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California's Constitutional Right To Privacy: The Development Of The Protection Of Private Life, Robert S. Gerstein Jan 1982

California's Constitutional Right To Privacy: The Development Of The Protection Of Private Life, Robert S. Gerstein

UC Law Constitutional Quarterly

No abstract provided.

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Liberty From Transfer Trauma: A Fundamental Life And Liberty Interest, Colette I. Hughes Jan 1982

Liberty From Transfer Trauma: A Fundamental Life And Liberty Interest, Colette I. Hughes

UC Law Constitutional Quarterly

No abstract provided.

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Not A Closed Case: The Wisconsin Open Presidential Primary, Betty Hansen Richardson Jan 1982

Not A Closed Case: The Wisconsin Open Presidential Primary, Betty Hansen Richardson

UC Law Constitutional Quarterly

No abstract provided.

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From Incompetent Imperialism To Principled Prudence: The Role Of The Courts In Restoring The State, Stanley C. Brubaker Jan 1982

From Incompetent Imperialism To Principled Prudence: The Role Of The Courts In Restoring The State, Stanley C. Brubaker

UC Law Constitutional Quarterly

No abstract provided.

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The Handicapped Child's Right To A Free Appropriate Education: Defining The Limits Of Responsibility, Richard J. Buturla Jan 1982

The Handicapped Child's Right To A Free Appropriate Education: Defining The Limits Of Responsibility, Richard J. Buturla

Villanova Law Review (1956 - )

No abstract provided.

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Congressional Power To Regulate Supreme Court Appellate Jurisdiction Under The Exceptions Clause: An Internal And External Examination, Martin H. Redish Jan 1982

Congressional Power To Regulate Supreme Court Appellate Jurisdiction Under The Exceptions Clause: An Internal And External Examination, Martin H. Redish

Villanova Law Review (1956 - )

No abstract provided.

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Majoritarian Constraints On Judicial Review: Congressional Control Of Supreme Court Jurisdiction, Leonard G. Ratner Jan 1982

Majoritarian Constraints On Judicial Review: Congressional Control Of Supreme Court Jurisdiction, Leonard G. Ratner

Villanova Law Review (1956 - )

No abstract provided.

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Congressional Power Over The Jurisdiction Of The Federal Courts, Paul M. Bator Jan 1982

Congressional Power Over The Jurisdiction Of The Federal Courts, Paul M. Bator

Villanova Law Review (1956 - )

No abstract provided.

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Symposium Proceedings, Various Editors Jan 1982

Symposium Proceedings, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

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Congress And The Supreme Court's Jurisdiction, Charles E. Rice Jan 1982

Congress And The Supreme Court's Jurisdiction, Charles E. Rice

Villanova Law Review (1956 - )

No abstract provided.

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Making Campaign Finance Law Enforceable: Closing The Independent Expenditure Loophole, John P. Relman Jan 1982

Making Campaign Finance Law Enforceable: Closing The Independent Expenditure Loophole, John P. Relman

University of Michigan Journal of Law Reform

This Note explores the problems posed by present attempts to define "coordination." Part I discusses generally the complexities of the coordination problem under Buckley, setting forth the rationale behind the Buckley rule and examining present efforts by Congress and the FEC to enforce the Buckley standards. Part I concludes by proposing a new definition for "coordination" designed to improve enforcement of the Buckley rule. Part II presents an alternative means for remedying the coordination problem. Rather than relying on a redefinition of coordination for proper enforcement of federal election law, this section proposes prophylactic legislation designed to regulate independent …

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Commentary: Constitutional Law, Joel Gora Jan 1982

Commentary: Constitutional Law, Joel Gora

Faculty Scholarship

No abstract provided.

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Justice O'Connor Replaces Justice Stewart: What Effect On Constitutional Cases?, Charles D. Kelso Jan 1982

Justice O'Connor Replaces Justice Stewart: What Effect On Constitutional Cases?, Charles D. Kelso

McGeorge School of Law Scholarly Articles

No abstract provided.

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Native Claims In Rupert's Land And The North-Western Territory: Canada's Constitutional Obligations, Kent Mcneil Jan 1982

Native Claims In Rupert's Land And The North-Western Territory: Canada's Constitutional Obligations, Kent Mcneil

Commissioned Reports, Studies and Public Policy Documents

The final step in the evolution of Canada from colony to sovereign and independent state was taken on April 17, 1982, with the signing of the Constitution Act, 1982. I While the consequences for Canadian society generally of patriation of the Constitution and inclusion of a Charter of Rights and Freedoms are not to be underestimated, the effect on the aboriginal peoples of Canada could be much greater. This is because these peoples are the original inhabitants of this country and as such they have special rights in Canadian law. These rights originate in the common law doctrine of aboriginal …

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The Foreign Affairs Power: The Dames & Moore Case, David F. Forte Jan 1982

The Foreign Affairs Power: The Dames & Moore Case, David F. Forte

Law Faculty Articles and Essays

A second look, however, reveals that in Dames & Moore, the Supreme Court did more than resolve some of the sticky legalities that were part of a serious foreign policy crisis. It also moved the country one step forward towards a strengthened constitutional structuring of the foreign affairs power. …Dames & Moore v. Regan was the test vehicle through which the Supreme Court scrutinized the constitutionality of the settlement with Iran which permitted the release of the American hostages held by that government.…Because the executive orders of two Presidents were the only barriers to Dames & Moore executing its judgment, …

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A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar Jan 1982

A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar

Book Chapters

If the several conferences and workshops (and many lunch conversations) on police interrogation and confessions in which I have participated this past summer are any indication, Miranda v. Arizona has evoked much anger and spread much sorrow among judges, lawyers and professors. In the months and years ahead, such reaction is likely to be translated into microscopic analyses and relentless, probing criticism of the majority opinion. During this period of agonizing appraisal and reappraisal, I think it important that various assumptions and assertions in the dissenting opinions do not escape attention.

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Capital Punishment In Ohio: Aggravating Circumstances, Elaine C. Hilliard Jan 1982

Capital Punishment In Ohio: Aggravating Circumstances, Elaine C. Hilliard

Cleveland State Law Review

The state of Ohio enacted a new death penalty statute which became effective October 19, 1981. As of January 18, 1983, eighty-three defendants had been indicted under the new statute. It is, therefore, both necessary and timely to evaluate Ohio's statutory delineation of who may die and its effect for compliance with constitutional mandates. This Note sets forth the hypotheses and supporting legal authority for analyzing Ohio's statutory aggravating circumstances individually and in the aggregate on equal protection and procedural due process grounds.

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