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Review Essay / Criminal Procedure As Constitutional Law, Gerard V. Bradley

Journal Articles

Book review and essay of The Constitution and Criminal Procedure: First Principles by Akhil Reed Amar.

The Violence Against Women Act Of 1994: Connecting Gender-Motivated Violence To Interstate Commerce, Judi L. Lemos

Seattle University Law Review

This Comment explores whether the Supreme Court will grant certiorari in the Brzonkala v. Virginia Polytech and State University, and whether the Court will uphold the Violence Against Women Act (VAWA) as a constitutional use of the commerce power. Part I explains the provisions of VAWA. Part II scrutinizes the development of Commerce Clause jurisprudence, which culminated in the Lopez decision. Part III analyzes the panel's Fourth Circuit ruling in Brzonkala. Part IV reviews the Supreme Court's handling of post-Lopez Commerce Clause cases and discusses whether the Court will grant certiorari to a challenge of VAWA's constitutionality. …

The Presumption Of Guilt And Compulsory Hiv Testing Of Accused Sex Offenders: A Case Study Of State Ex Rel. J.G., N.S., And J.T., Justin Amaechi Okezie

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Breard And The Federal Power To Require Compliance With Icj Orders Of Provisional Measures, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

Among the puzzling aspects of the Breard episode was the Clinton administration's claim that the decision whether or not to comply with the Order of the International Court of Justice requiring the postponement of Breard's execution lay exclusively in the hands of the Governor of Virginia. The ICJ's Order provided that"[t]he United States should take all measures at its disposal to ensure that Angel Francisco Breard is not executed pending the final decision in these proceedings." The Clinton administration argued that the Order was not binding, but it also took the position that, even if the order were binding, …

Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.

Law And Human Dignity: The Judicial Soul Of Justice Brennan, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

High Wall Or Lines Of Separation?, James J. Knicely

William & Mary Bill of Rights Journal

The issue of religion and the role it should play in government has long evoked spirited debate. Recently, an argument has been made that the "separation" between religion and politics has played a large factor in what many consider to be our nation's "moral decay. " Such an argument, however, is not new.

In reviewing Religion and Politics in the Early Republic: Jasper Adams and the Church-State Debate, edited by Daniel L. Dreisbach, James Knicely examines the power of elected government to act benevolently toward religion and the moral values associated with it in light of today's social ills. Religion …

Origins Of The Fifth Amendment And Its Critics, Leonard W. Levy

Cardozo Law Review

No abstract provided.

Inequities Of The Drug War: Legislative Discrimination On The Cocaine Battlefield, Andrew N. Sacher

Cardozo Law Review

No abstract provided.

Kogen V. Chief Military Prosecutor, Theodor Or, Dalia Dorner, Jacob Turkel

Translated Opinions

Facts: Petitioners, prisoners in a military prison, participated in a prison uprising allegedly motivated by deficient prison conditions. The military authorities negotiated with the inmates, who demanded improvements in prison conditions and a commitment from the authorities not to prosecute them. The military authorities agreed to this last condition. Despite this agreement, however, the inmates were prosecuted. Petitioners here contest this latter decision.

Held: The Court noted that precedents allow for the government to repudiate an agreement if such a step is dictated by the public interest. Such a decision must take all the relevant interests into account, including the …

Sanctioning "Thousands Upon Thousands Of Petty Indignities": The Supreme Court's Creation Of A Constitutional Free Zone For Police Seizure Of Innocent Passengers In Maryland V. Wilson, George M. Dery Iii

Washington and Lee Law Review

No abstract provided.

Constitutional Criminal Procedure, James P. Fleissner

Mercer Law Review

The Fourth, Fifth, and Sixth Amendments of the United States Constitution are the three pillars of the American system of criminal justice. The three amendments make procedural guarantees using enigmatic terms that are given meaning by those with the power of interpretation. The Fourth Amendment protects us from "unreasonable searches and seizures." The Fifth Amendment includes a guarantee of "due process of law." The Sixth Amendment guarantees a "speedy" trial. In the years since 1791, when these provisions were enshrined in the Bill of Rights, the courts have played the leading role in shaping the scope of these broad pronouncements. …

Can You Lie To The Government And Get Away With It--The Exculpatory-No Defense Under 18 U.S.C. 1001, Stephen Michael Everhart

West Virginia Law Review

No abstract provided.

The Current Assault On Constitutional Rights And Civil Liberties: Origins And Approaches, Nadine Strossen

West Virginia Law Review

No abstract provided.

Montanav. Egelhoff: Voluntary Intoxication, Morality, And The Constitution , Robert J. Mcmanus

American University Law Review

No abstract provided.

There Is No Such Thing As A Harmless Constitutional Error: Returning To A Rule Of Automatic Reversal, James Edward Wicht Iii

Brigham Young University Journal of Public Law

No abstract provided.

Unequal Justice: The Federalization Of Criminal Law, Steven D. Clymer

Cornell Law Faculty Publications

From humble beginnings, federal substantive criminal law has grown to prohibit a wide range of conduct, including much that state criminal laws also proscribe. This expansion, commonly called federalization, has recently attracted substantial academic criticism. Some critics bemoan the federal government's intrusion into matters historically left to the states. Others denounce the burden on the federal judiciary of an increasing criminal caseload. However, there has been far less attention devoted to what may be the most troubling consequence of federalization: the dramatically disparate treatment of similarly situated offenders, depending on whether they are prosecuted in federal or state court. This …

Standing Committee On Discipline V. Yagman: Missing The Point Of Ethical Restrictions On Attorney Criticism Of The Judiciary?, Caprice L. Roberts

Washington and Lee Law Review

No abstract provided.

Sandin V. Conner: Lowering The Boom On The Procedural Rights Of Prisoners , Scott F. Weisman

American University Law Review

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Gideon's Trumpet: Mournful And Muffled, Lewis R. Katz

Faculty Publications

The scope of this article is four-fold: (1) a description of the principal methods used to provide legal assistance to persons charged with criminal offenses; (2) a discussion of when legal assistance is constitutionally required and actually needed; (3)

Race-Based Jury Nullification: Rebuttal (Part A), 30 J. Marshall L. Rev. 923 (1997), Andrew D. Leipold

UIC Law Review

No abstract provided.

Private Financing Of Criminal Prosectuions And The Differing Protections Of Liberty And Equality In The Criminal Justice System, Joseph E. Kennedy

UC Law Constitutional Quarterly

Government prosecutors have begun accepting, and in some cases soliciting, voluntary contributions from the private sector in order to finance certain types of criminal prosecutions. Such private financing introduces a new tension between society's interest in punishing the guilty and society's interest in equal treatment by government. Private financing of criminal prosecution also raises interesting questions as to whether institutions, as opposed to individuals, can be biased by money.

This Article concludes that private financing in any of its likely forms threatens important equality interests. Part I argues that conflict-of-interest rules provide the only protection for important equality interests implicated …

Mixed Questions And The Scope Of Federal Habeas Review: Consideration Of Miranda Claims In Thompson V. Keohane, Rachel Meyers

UC Law Constitutional Quarterly

Federal habeas corpus review has a long historical tradition, at common law and in the United States. Over time, federal habeas review has expanded to its modern dimensions, which permit lower federal courts to overturn decisions of the states' highest courts. When federal courts review claims raised by state prisoners, the mandate to protect individual constitutional rights competes with other fundamental constitutional values: the promotion of federalism, in the form of respect for state court judgments, finality and fairness.

This Comment analyzes a federal habeas claim of a Miranda violation, a claim which has traditionally been deemed a "mixed question" …

Choosing Federal Judges In The Second Clinton Administration, Carl Tobias

UC Law Constitutional Quarterly

One of the critical responsibilities which the Constitution entrusts to the President of the United States is the appointment of federal judges. The Chief Executive nominates, and with the advice and consent of the Senate, appoints these officials who enjoy life tenure and must resolve disputes which implicate the basic freedoms of America's inhabitants. President Clinton's careful discharge of this crucial duty may well have yielded the foremost success of his first term in office.

When Governor Clinton was campaigning for the presidency in 1992, he promised to name as judges women and men who would be very intelligent, possess …

United States Extradition Process: Changes In Law To Address Constitutional Infirmity, Benjamin N. Bedrick

Penn State International Law Review (1982 - 2011)

No abstract provided.

Leaving Well Enough Alone—Why The "Would Have" Standard Works Well For Determining Pretext Stops In Washington State: A Critical Analysis Of The Whren Decision, Kelly Montgomery

Seattle University Law Review

This Note argues that the "could have" standard makes a mockery of the probable cause protections provided by the Fourth Amendment and that the Washington courts should not adopt that standard. Instead, because Washington courts have traditionally held that Article 1, Section 7, of the Washington Constitution provides broader protection than the Fourth Amendment of the Federal Constitution, the Washington courts should continue to use the "would have" standard to determine whether a stop is pretextual under Article 1, Section 7.11. Part II of this Note briefly describes the applicable search and seizure doctrine and tracks the split in the …

The Death Penalty And The Decline Of Liberalism, 30 J. Marshall L. Rev. 321 (1997), John R. Macarthur

UIC Law Review

No abstract provided.

No More Excuses: Closing The Door On The Voluntary Intoxication Defense, 30 J. Marshall L. Rev. 535 (1997), Chad J. Layton

UIC Law Review

No abstract provided.

Women's Powerless Tool: How Congress Overreached The Constitution With The Civil Rights Remedy Of The Violence Against Women Act, 30 J. Marshall L. Rev. 803 (1997), Lisa A. Carroll

UIC Law Review

No abstract provided.

The Buck Stops Here: Illinois Criminalizes Support For International Terrorism, 30 J. Marshall L. Rev. 871 (1997), Victoria Meyerov

UIC Law Review

No abstract provided.