Digital Commons Network^™

Constitutional Limitations On State Power To Hold Parents Criminally Liable For The Delinquent Acts Of Their Children, Kathryn J. Parsley

Vanderbilt Law Review

In late 1988 as part of a comprehensive effort to combat violent street gang activity,' the California legislature passed an amendment to section 272 of California's Penal Code, commonly known as the Parental Responsibility Law. Section 272 originally stated only that every person who commits any act or fails to perform any duty that causes or tends to cause a minor to do a prohibited act is guilty of contributing to the delinquency of a minor, a misdemeanor under the California Penal Code, and subject to a maximum fine of twenty-five hundred dollars, one year in jail, or both. When …

Commentary By Co-Defendant's Counsel On Defendant's Refusal To Testify: A Violation Of The Privilege Against Self-Incrimination?, Martin D. Litt

Michigan Law Review

Currently, the circuits are divided on whether comments by co-defendants' counsel on a defendant's silence impair that defendant's fifth amendment rights. Furthermore, among the circuits that regard such commentary as potentially prejudicial, disagreement exists over the proper test for identifying such comments. This Note asserts that the risk of prejudicing a defendant's fifth amendment rights is too great to allow counsel any comment on a defendant's decision to testify or to remain silent.

Part I of this Note examines the historical evolution of the privilege against self-incrimination and the policy goals behind the privilege. The Note argues that prohibiting comments …

Habeas Corpus As A Safety Valve For Innocence, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Gaston Dooley

Law Faculty Publications

No abstract provided.

Divided We Stand: State Constitutions In A More Perfect Union, Shirley S. Abrahamson

UC Law Constitutional Quarterly

No abstract provided.

Alabama V. White: Anonymous Tip Held Sufficient Basis For Investigatory Stop Under Fourth Amendment, 24 J. Marshall L. Rev. 909 (1991), Martin K. Berks

UIC Law Review

No abstract provided.

Is The Darling In Danger - Void For Vagueness - The Constitutionality Of The Rico Pattern Requirement, Christopher J. Moran

Villanova Law Review (1956 - )

No abstract provided.

Videotaped Reenactments In Civil Trials: Protecting Probative Evidence From The Trial Judge's Unbridled Discretion, 24 J. Marshall L. Rev. 433 (1991), Elizabeth A. Savage

UIC Law Review

No abstract provided.

Baltimore City Department Of Social Services V. Bouknight: The Required Records Doctrine - Logic And Beyond, H. Bruce Dorsey

Maryland Law Review

No abstract provided.

Teague And Death: The Impact Of Current Retroactivity Doctrine On Capital Defendants, David R. Dow

UC Law Constitutional Quarterly

No abstract provided.

Justice Harlan And The Bill Of Rights: A Dichotomy In Constitutional Analysis, Roger J. Miner '56

Endowed/named Lectures and Keynote Addresses

No abstract provided.

Understanding "Rights" And Bills Of Rights, Albert P. Blaustein, Carol Tenney

University of Richmond Law Review

Scholars hold that there are forty to fifty distinct human rights. History teaches that they should be constitutionally enshrined. In this modern era when constitution-making is multiplying, drafters of bills of rights must now determine questions of formulation and location. How should these forty to fifty distinct human rights be classified; where in these constitutions should these rights be recited?

Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen

Faculty Scholarship

The exclusionary evidence rules derived from the Fourth, Fifth, and Sixth Amendments continue to play an important role in constitutional criminal procedure, despite the intense controversy that surrounds them. The primary justification for these rules has shifted from an "imperative of judicial integrity" to the "deterrence of police conduct that violates... [constitutional] rights." Regardless of the justification it uses for the rules' existence, the Supreme Court continues to limit their breadth "at the margin," when "the acknowledged costs to other values vital to a rational system of criminal justice" outweigh the deterrent effects of exclusion. The most notable limitation on …

Hare And Hounds: The Fugitive Defendant's Constitutional Right To Be Pursued, Bruce A. Green

Faculty Scholarship

No abstract provided.

Operation Rescue And The Necessity Defense: Beginning A Feminist Deconstruction, Susan B. Apel

Washington and Lee Law Review

No abstract provided.

The Exclusionary Rule And Confession Evidence: Some Perspectives On Evolving Practices And Policies In The United States And England And Wales, Mark Berger

Faculty Works

No abstract provided.

Indigents And The Denial Of Due Process At Involuntary Treatment Hearings: The Need For Independent Psychiatric Assistance, Marcy H. Speiser

Touro Law Review

No abstract provided.

Limiting Disclosure Of Rape Victims' Identities, Paul Marcus, Tara L. Mcmahon

Faculty Publications

No abstract provided.

Waiver Of Rights In The Interrogation Room: The Court's Dilemma, William T. Pizzi

Publications

No abstract provided.

Confessions And The Right To Silence In Japan, Daniel H. Foote

Articles

In several highly-publicized recent cases in Japan, individuals convicted of murder and sentenced to death were acquitted in retrials obtained after decades on death row. These so-called "death penalty retrial cases'" generated great controversy and considerable reflection about the criminal justice system in Japan. A central, substantive issue presented by these cases relates to the procurement and use of confessions; each of these cases-and several other major recent Japanese cases in which defendants have been acquitted following bitterly contested trials-turned on the validity of repudiated confessions.

Consequently, much recent commentary has focussed on conf essions and related issues. Not surprisingly, …

The Principles Of Fundamental Justice: The Constitution And The Common Law, J. M. Evans

Osgoode Hall Law Journal

This article examines the application of the principles of fundamental justice in section 7 of the Charter to administrative law, and in particular its relationship to non-constitutional grounds of judicial review. The author argues that in this area of the law the common law should generally be regarded as the source of the basic tenets of our legal system that section 7 has been said to embody. The author suggests that the traditional grounds of judicial review of administrative action represent the courts' accommodation of individual rights and the collective interest, and thus cover much the same ground as the …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Books Received

GOOD FAITH IN ENGLISH LAW

By J.F. O'Connor

Brookfield, Vermont: Dartmouth Publishing Company, 1990. Pp. 148.

=====================

LAW AND ISLAM IN THE MIDDLE EAST

Edited by Daisy Hilse Dwyer

New York, New York: Bergin & Garvey, 1990. Pp. 168.

============================

INTERNATIONAL SECURITIES REGULATION

By Norman S. Poser

Boston, Massachusetts: Little, Brown and Company, 1991. Pp. 799.

============================

COMPARATIVE CONSTITUTIONAL FEDERALISM

Edited by MarkTushnet

Westport, Connecticut: Greenwood Press, 1990. Pp. 157.

==========================

ECONOMIC SANCTIONS AND U.S. TRADE

By Michael P. Melloy

Boston, Massachusetts: Little, Brown and Company, 1990. Pp. 752.

Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Dooley

Scholarly Works

Winford L. Stokes, Jr. and Theodore C. Harris had much in common. Both were death-row inmates in the late 1980s. Both were convicted of murder following bifurcated jury trials in which they later alleged that they had not received effective assistance of counsel as required by the federal Constitution. Both inmates sought collateral review of their convictions in federal courts. The similarities between them end there. Because Stokes had procedurally defaulted on his federal constitutional claim in state court under the law of Missouri, the federal appeals court refused to consider the merits of his federal constitutional claim.' Harris, on …

Justice Harlan And The Bill Of Rights: A Model For How A Classic Conservative Court Would Enforce The Bill Of Rights, Nadine Strossen

Articles & Chapters

No abstract provided.

Ties That Bind?: The Supreme Court Of Canada, American Jurisprudence, And The Revision Of Canadian Criminal Law Under The Charter, Robert Harvie, Hamar Foster

Osgoode Hall Law Journal

Chief Justice Dickson has suggested that Canadian jurists should consult American authority in Charter cases, but with care. The authors look at how the Court has followed this advice in its own criminal decisions rendered prior to March 1989, in which American authority is cited in less than 50 percent of the cases. The authors conclude that, in some significant areas, the Court has interpreted the interests of the accused more broadly than the American Supreme Court does and has on occasion done so without citing divergent U.S. precedent. The effect of sections 1 and 24(2) of the Charter on …

Interpreting The Charter Of Rights: Generosity And Justification, Peter W. Hogg

Osgoode Hall Law Journal

The author argues that there is a close relationship between the scope of the rights guaranteed by the Charter and the standard of justification required under section 1. The broader the scope of a right, the more relaxed the standard of justification must be. A generous interpretation of a right is incompatible with the stringent Oakes standard of justification. However, a purposive interpretation of a right, confining the right to conduct that is worthy of constitutional protection, is compatible with a stringent standard of justification.

Resolving Retroactivity After: Teague V. Lane, Ellen E. Boshkoff

Indiana Law Journal

No abstract provided.

Cross Cultural Reflections: Teaching The Charter To Americans, Jamie Cameron

Osgoode Hall Law Journal

In this article, the author discusses a course in Comparative Constitutional Jurisprudence that she taught at Cornell Law School in the winter semester of 1989. She is particularly interested in the way this class of American students responded to the Supreme Court of Canada's interpretation of the Charter. She presents her reflections on differences between Canadian and American constitutional culture through a discussion of the decisions in The Motor Vehicle Reference, R. v. Morgentaler, and The French Language Case.

The Self-Incrimination Debate, Mark Berger

Faculty Works

No abstract provided.

The Truth About Massiah, James J. Tomkovicz

University of Michigan Journal of Law Reform

First, the Article will summarize the Justice Department's discussion of the Massiah right to counsel and the exclusion of evidence under Massiah. Next, it will evaluate the nature of the Report and the character of legal scholarship. Finally, it will explore the substantive debate over Massiah. In that section, the Article will point out the matters on which the DOJ and I agree, will attempt to frame the fundamental questions raised by the Massiah doctrine, and will investigate potential sources of answers to those constitutional questions. Ultimately, it will provide the answers that I prefer, explaining the premises …