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Perils Of The Rulemaking Process: The Development, Application, And Unconstitutionality Of Rule 804(B)(3)'S Penal Interest Exception, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

As the culmination of a decade of rulemaking, in 1975 Congress enacted the Federal Rules of Evidence, which include in rule 804(b)(3) an exception to the hearsay rule that allows federal courts to admit statements against penal interest. Having reviewed previously unpublished memoranda and nonpublic tape recordings of the deliberations of the Advisory and Standing Committees to the Judicial Conference and the Special Subcommittee on Reform of Federal Criminal Laws of the House Judiciary Committee, Professor Tague explores the development of rule 804(b)(3), one of the more controversial rules that emerged from that rulemaking process. After analyzing rule 804(b)(3) and …

"Twisting Slowly In The Wind": A Search For Constitutional Limits On Coercion Of The Criminal Defendant, John C. Coffee Jr.

Faculty Scholarship

In the corridor outside Courtroom Four, Foster Clark approached the prosecutor. "I was wondering," he said, "are we really going to have to try this case?"

"Well," the prosecutor said, "that depends. He's dead on and gone to heaven, if that's what you mean. He doesn't have a prayer."

"I was wondering if we could work something out," Clark said. "I haven't really had a chance to talk with him, but I was wondering."

"So talk to him," the prosecutor said. "Find out where he stands, and call me."

* * *

"Look," the prosecutor said, "you know I can't …

"No Soul To Damn: No Body To Kick": An Unscandalized Inquiry Into The Problem Of Corporate Punishment, John C. Coffee Jr.

Faculty Scholarship

Did you ever expect a corporation to have a conscience, when it has no soul to be damned, and no body to be kicked?
—Edward, First Baron Thurlow 1731-1806

The Lord Chancellor of England quoted above was neither the first nor the last judge to experience frustration when faced with a convicted corporation. American sentencing judges are likely to face a similar dilemma with increasing frequency in the near future, for a number of signs indicate that corporate prosecutions will become increasingly commonplace. At first glance, the problem of corporate punishment seems perversely insoluble: moderate fines do not deter, …

Our Perfect Constitution, Henry Paul Monaghan

Faculty Scholarship

Professor Monaghan takes issue with "due substance" theorists, who view the Constitution as protecting rights and values generated by current conceptions of political morality. In this Article, he examines and criticizes the theories advanced to justify looking to those current conceptions as an acceptable mode of reasoning about constitutional meaning. Professor Monaghan's own view is that the proper mode of ascertaining constitutional meaning is one that looks to original intent and precedent, a view that acknowledges the Constitution does not guarantee perfect government.

A Reply To Professor Ball, Philip Chase Bobbitt

Faculty Scholarship

Although it has been observed that approaching an allegedly universalistic theory by asserting the time- and culture-bound nature of that theory is an attack of some sort, Professor Ball does not take my lectures to be a rebuke to the enterprise in which he, Professor Tushnet, and others are engaged. Instead, he complains that I do not examine the relation between constitutional argument, on the one hand, and, on the other, social, political, and economic interests. This is a mistaken reading of my work. It is nice to be told that Tushnet and Ball accept my formulation "that in our …

Freedom And Equality In The Religion Clauses, John H. Garvey

Scholarly Articles

The Supreme Court has been extremely puzzled about how to treat the distribution of public benefits when the pattern of distribution may cause individuals to alter their preferences in making constitutionally protected choices. When dealing with the freedom to choose an abortion, for example, the Court held that the Hyde Amendment was constitutional because the government did not interfere with freedom when all it did was offer money to make the option it preferred (childbirth) more attractive. In free speech cases, the Court has said that when the government opens up public property or offers financial incentives to speakers it …

The Effect Of Duress On The Iranian Hostage Settlement Agreement, James M. Redwine

Vanderbilt Journal of Transnational Law

As soon as the United States began celebrating the hostages' release, the validity of the agreement became a subject of intense controversy. Conservative commentators urged that the United States "renounce the deal." To them, the Declaration was not an agreement but extortion, and had "the same moral standing as an agreement made with a kidnapper, that is to say, none at all..."

Although it will take years of litigation and commentary to assess the full significance and consequences of the hostage taking and the settlement agreement, some preliminary observations may be made. The Declaration poses many difficult questions of international …

Constitutional Protection For Private Papers, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Title Vi And The Constitution: A Regulatory Model For Defining ‘Discrimination’, Charles F. Abernathy

Georgetown Law Faculty Publications and Other Works

In recent years confusion has surrounded the proper interpretation of title V1 of the Civil Rights Act of 1964, which prohibits discrimination in programs receiving federal financial assistance. Some courts have held that the title prohibits only intentional discrimination. Others have held that it proscribes actions having discriminatory effects as well, an interpretation that imposes a great burden on federal grantees. The Supreme Court heightened the confusion when five individual justices in Regents of the University of California v. Bakke questioned the propriety of the Court's earlier adoption of an "effects" test for title VI. Professor Abernathy argues that this …

Section 5 Of The Voting Rights Act: A Time For Revision, William Colbert Keady, George Colvin Cochran

Kentucky Law Journal

No abstract provided.

The Constitutionality Of Affirmative Action: Views From The Supreme Court, Jesse H. Choper

Kentucky Law Journal

No abstract provided.

Freedom Of Speech: The Case Of The "Corrupt" Campaign Promise, Martha Dugan Rehm

Kentucky Law Journal

No abstract provided.

Survey Of The Literature: Commercial Speech And Commercial Speakers, Michael Feldman

Cardozo Law Review

No abstract provided.

In Memory Of Monrad G. Paulsen, Walter J. Wadlington

Cardozo Law Review

No abstract provided.

Finberg V. Sullivan: Protecting Exempt Funds From Postjudgment Seizure, Eric M. Schmidt

Cardozo Law Review

No abstract provided.

Double Jeopardy In West Virginia: State Ex Rel. Dowdy V. Robinson, Gary A. Collias

West Virginia Law Review

In State ex rel. Dowdy v. Robinson the West Virginia Supreme Court of Appeals substantially altered the double jeopardy law of the state. Dowdy was indicted for breaking and entering a nightclub. The indictment specified the building's location as 220-22nd Street in Huntington, West Virginia. The proof presented at trial indicated that the nightclub was located at 200-22nd Street. The trial court granted a motion for a directed verdict of not guilty on the ground that the variance was fatal to the prosecution's case. Dowdy was subsequently reindicted for the breaking and entering, the only difference between the second indictment …

Survey Of Developments In West Virginia Law: 1980

West Virginia Law Review

No abstract provided.

Constitutional Torts, Christina B. Whitman

Articles

In this Article, I analyze the significance of the overlap between state tort law remedies and remedies under section 1983. I conclude that the dissatisfaction with section 1983 cannot fairly be attributed to the fact that it has been read to provide a remedy that "supplements" state law. I argue that most of the anxiety over constitutional damage actions under section 1983 can be understood - and resolved - only by focusing on two other questions. The first of these concerns the appropriate reach of the Constitution. Ambivalence about section 1983 reflects, in part, a fear that the federal Constitution …

Extending The Limits Of Judicial Review Of Regulator Orders: Committee Of Consumer Services V. Public Service Commission, Kenneth M. Anderson

BYU Law Review

No abstract provided.

Little V. Streater, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Rhodes V. Chapman, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Michigan V. Summers, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Robbins V. California, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Schweiker V. Wilson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Rostker V. Goldberg, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Maryland V. Louisiana, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Dames & Moore V. Regan, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States Railroad Retirement Board V. Fritz, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Montana V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Federal Communications Commission V. Wncn Listeners Guild, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.