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Pinochet And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith

Michigan Law Review

The British House of Lords recently considered whether Augusto Pinochet was subject to arrest and possible extradition to Spain for alleged acts of torture and other egregious conduct carried out during his reign as Chile's head of state. The Law Lords held that a large majority of the charges against Pinochet were not proper grounds for extradition under British law. They also held, however, that Pinochet could potentially be extradited for alleged acts of torture committed after Britain's 1988 ratifica· tion of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In reaching this latter conclusion, …

Punishing Hateful Motives: Old Wine In A New Bottle Revives Calls For Prohibition, Carol S. Steiker

Michigan Law Review

Hate crimes are nothing new: crimes in which the victim is selected because of the victim's membership in some distinctive group (be it racial, ethnic, religious, or other) have been with us as long as such groups have coexisted within legal systems. What is relatively new is their recognition and designation as a discrete phenomenon. But as appellations like "sexual harassment" and "community policing" have begun to teach us, words are only the beginning of the life cycle of a new socio-legal concept. What follows are debates about whether the new category is really a coherent one, what activities should …

Appendix: Biographies Of Participants , American University Law Review

American University Law Review

No abstract provided.

Transcript: Responses To The Debate On Whether Congress Must End The Disenfranchisement Of The District Of Columbia , American University Law Review

American University Law Review

No abstract provided.

Transcript: Must Congress End The Disenfranchisement Of The District Of Columbia? A Constitutional Debate , American University Law Review

American University Law Review

No abstract provided.

United States Supreme Court: 1999 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.

Too Much (Legislation) Is Never Enough: Utilizing A Court's Equity Power To Enjoin Lawful Firearm Sales, 32 J. Marshall L. Rev. 1225 (1999), Edward G. Renner

UIC Law Review

No abstract provided.

Symposium: Gideon - A Generation Later Introduction & And Keynote Speakers

Maryland Law Review

No abstract provided.

Getting A Grip On Payne And Restricting The Influence Of Victim Impact Statements In Capital Sentencing: The Timothy Mcveigh Case And Various State Approaches Compared, Niru Shanker

UC Law Constitutional Quarterly

In the 1980's the Supreme Court barred the use of victim impact evidence at capital sentencing hearings as violative of the Cruel and Unusual Punishment clause. The Court reversed itself in Payne v. Tennessee, holding that the Eighth amendment erects no per se bar to victim impact evidence. Such evidence can be properly introduced if it is does not so inflame and prejudice the jury as to render the trial fundamentally unfair. Unfortunately, the Court did not provide any guidance to the lower federal and state courts to use in making that determination. There exists a risk, therefore, that many …

Juvenile Curfew Challenges In The Federal Courts: A Constitutional Conundrum Over The (Less Than) Fundamental Rights Of Minors', Charles W. Gerdes

St. Thomas Law Review

The purpose of this Comment is to examine the inconsistency of analytical methodology that has been employed in the federal courts to determine whether the fundamental rights of minors are coextensive with those of adults in a given regulatory scheme. Specifically, the Comment focuses on this analysis in the context of juvenile curfew ordinance challenges. Further, the Comment proposes a substantive analytical methodology that implements the instruction of Supreme Court precedent in the realm of minors' constitutional rights. To achieve this purpose, the Comment necessarily investigates Supreme Court decisions analyzing the coextensive nature of a minor's fundamental rights. In some …

Practicing Medicine Without A License: Legislative Attempts To Mandate Chemical Castration For Repeat Sex Offenders, 32 J. Marshall L. Rev. 381 (1999), Lisa Keesling

UIC Law Review

No abstract provided.

Federal Bribery Statute And The Ethics Of Purchasing Testimony, 33 J. Marshall L. Rev. 209 (1999), Camille Knight

UIC Law Review

No abstract provided.

Confessions And Culture: The Interaction Of Miranda And Diversity, Floralynn Einesman

Faculty Scholarship

No abstract provided.

Supervisory Liability In Section 1983 Cases, Kit Kinports

Faculty Scholarship

The topic of this presentation is supervisory liability in Section 1983 cases. Assume for present purposes that a plaintiff's constitutional rights have been violated - that some state official has acted in violation of the Constitution. The question to be addressed here is whether that state official's supervisors can be held liable for damages stemming from the constitutional violation.

The Fourth Circuit's "Doube-Edged Sword": Eviscerating The Right To Present Mitigating Evidence And Beheading The Right To The Assistance Of Counsel, John H. Blume, Sheri Lynn Johnson

Maryland Law Review

No abstract provided.

Give Me Your Tired, Your Poor, Your Collaterally Estopped Masses - Guilty Pleas And Collateral Estoppel Of Alienage In Criminal Proceedings: United States V. Gallardo-Mendez, Michael P. Daly

Villanova Law Review (1956 - )

No abstract provided.

Right To Inspect And Test Breath Alcohol Machines: Suspicion Ain't Proof, 33 J. Marshall L. Rev. 1 (1999), Gil Sapir, Mark Giangrande

UIC Law Review

No abstract provided.

The Constitutionalizing Of Ineffective Assistance Of Counsel, Richard Klein

Maryland Law Review

No abstract provided.

Gideon's Muted Trumpet, Victoria Nourse

Maryland Law Review

No abstract provided.

The Myth Of Autonomy At The End-Of-Life: Questioning The Paradigm Of Rights, Susan Adler Channick

Villanova Law Review (1956 - )

No abstract provided.

The Prison Litigation Reform Act: Striking The Balance Between Law And Order, Peter Hobart

Villanova Law Review (1956 - )

No abstract provided.

The Rights To A Fair Trial And To Examine Witnesses Under The Spanish Constitution And The European Convention On Human Rights, Dennis P. Riordan

UC Law Constitutional Quarterly

In the wake of the death of dictator Francisco Franco in 1975, Spain enacted a new Constitution containing extensive procedural rights for criminal defendants, thereby in theory moving its justice system closer to the adverserial model of criminal trials long established in common law countries. In the years immediately following the passage of the 1978 Constitution, however, criminal proceedings continued to be inquisitorial in nature, especially in cases involving politically-charged allegations of domestic terrorism.

In this article, the author tracks one such case that had a dramatic impact on the Spanish legal system. Following their conviction for participating in a …

Scared To Death: The Separate Right To Counsel At Capital Sentencing, John E. Spomer Iii

UC Law Constitutional Quarterly

To date, a separate right to counsel at the penalty phase of a capital trial is not recognized as fundamental under the Sixth Amendment right to counsel provision. This Note addresses a capital defendant's constitutional right to have a separate attorney represent him during the sentencing stage. The Supreme Court, in several significant holdings, has stepped towards recognizing this right. The Court has held that the right to counsel applies to capital trials and to all critical stages therein. It also has held that the right to effective assistance of counsel applies at the sentencing phase of these trials and …

Justice Blackmun's Mark On Criminal Law And Procedure, Kit Kinports

Faculty Scholarship

When Justice Blackmun was nominated to the Court in 1970, Americans were consumed with the idea of crime control. In the 1968 presidential campaign, Richard Nixon had called the Supreme Court "soft on crime" and had promised to "put 'law and order' judges on the Court." While sitting on the Eighth Circuit, the Justice had "seldom struck down searches, seizures, arrests or confessions," and most of his opinions in criminal cases had "affirmed guilty verdicts and sentences." Thus, according to one commentator, Justice Blackmun seemed to be "exactly what Nixon was looking for: a judge who believed in judicial restraint, …

"High Crimes And Misdemeanors": Recovering The Intentions Of The Founders, Gary L. Mcdowell

Law Faculty Publications

Such serious charges by so many distinguished historians demand a careful consideration of what the Founders meant by "high Crimes and Misdemeanors": Were they only indictable crimes or did they include what one of the Framers called "political crimes and misdemeanors?" Were they offenses that a President would commit only in "the exercise of executive power" or did they also include a President's malfeasance committed in his private capacity? Were they subject to a reasonably fixed meaning or were they to be determined simply by the exercise of the "awful discretion" of those in Congress called upon to impeach and …

Revisiting Victim's Rights, Lynne Henderson

Scholarly Works

No abstract provided.

Independent Counsel Law Improvements For The Next Five Years, John Q. Barrett

Faculty Publications

This Article is adapted from remarks made in New Orleans on January 8, 1999, as part of an Association of American Law Schools (AALS) Administrative Law Section panel discussion entitled, "Separation of Powers Revisited: Should the Independent Counsel Law Be Renewed?" Our topic is "Should the Independent Counsel Law Be Renewed?" and my answer is, "Not exactly." I will not be, in other words, defending the status quo. Indeed, the empty chair you see here on the dais nicely contains the only "defender" of the status quo of whom I know. What I would like to do is remind us …

Identification Of The Unknown Soldier And The Fight For The Right To Anonymity: The Human Genome Project And Implications Of A National Dna Database, Kelly S. Erbes

Cleveland State Law Review

The focus of this writing is the use of DNA for identification purposes and the issues that arise when genetic traits and/or predisposition to physical or mental conditions are linked to the individual specifically, along with the implications of a national DNA database as a system of identification. It has become the general rule that it is not an unreasonable invasion of privacy to take DNA for the purpose of identifying criminal offenders through a DNA database. This writing will examine the potential for nonconsensual inclusion of nearly everyone into such a system, as well as the ramifications in the …

The Right To Counsel In Collateral, Post-Conviction Proceedings, Daniel Givelber

Maryland Law Review

No abstract provided.

Constitutions And Spontaneous Orders: A Response To Professor Mcginnis, Adam C. Pritchard, Todd J. Zywicki

Articles

Professor John McGinnis has written a perceptive and provocative comment on our economic analysis of the role of tradition in constitutional interpretation.1 A brief summary of our areas of agreement and disagreement may help set the stage for this response. It appears that Professor McGinnis substantially agrees with the two central propositions of our article. First, he appears to agree with our definition of efficient traditions as those evolving over long periods of time from decentralized processes.2 Second, he explicitly agrees that Justices Scalia and Souter have adopted sub-optimal models of tradition because they rely on sources that lack the …