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Constitutional Law

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Articles 3421 - 3450 of 3981

Full-Text Articles in Entire DC Network

Constitutional Policymaking In The Burger Years, Joel B. Grossman May 1988

Constitutional Policymaking In The Burger Years, Joel B. Grossman

Michigan Law Review

A Review of The Burger Years: Rights and Wrongs in the Supreme Court 1969-1986 by Herman Schwartz


Conference Program Apr 1988

Conference Program

Group Defamation & Freedom of Speech: The Relationship Between Language and Violence (1988)

No abstract provided.


A Job For The Judges: The Judiciary And The Constitution In A Massive And Complex Society, Neil K. Komesar Feb 1988

A Job For The Judges: The Judiciary And The Constitution In A Massive And Complex Society, Neil K. Komesar

Michigan Law Review

This article attempts that task by exploring the elements of institutional choice in constitutional law. Part I takes an overview of the general division of decisionmaking responsibility between the political processes and the courts. It also examines the failures of existing theories to take account of this division of responsibility. Part II identifies two theories of political malfunction - those circumstances in which political processes are subject to significant doubt or distrust and, therefore, prime candidates for judicial review. Part III examines the characteristics - limits, biases, and abilities - of the judiciary and the potential for judicial response to …


Constitutionalism In Asia: Asian Views Of The American Influence, Lawrence W. Beer Jan 1988

Constitutionalism In Asia: Asian Views Of The American Influence, Lawrence W. Beer

Maryland Series in Contemporary Asian Studies

No abstract provided.


Broken Promises And Involuntary Confessions: May A State Introduce Incriminating Statements Made By A Defendant As A Result Of Promises In A Plea Bargain Agreement If The Defendant Breaches That Agreement?, Bradford Mank Jan 1988

Broken Promises And Involuntary Confessions: May A State Introduce Incriminating Statements Made By A Defendant As A Result Of Promises In A Plea Bargain Agreement If The Defendant Breaches That Agreement?, Bradford Mank

Faculty Articles and Other Publications

There is a substantial constitutional question concerning whether admissions made pursuant to a plea bargain that the defendant has breached are admissible under the fifth amendment's privilege against compelled self-incrimination or the due process clauses of the fifth and fourteenth amendments. Courts have reached conflicting results in regard to whether such statements are voluntary.lo This Article argues that it is difficult to resolve whether such admissions are voluntary because courts have not provided a clear definition as to under what circumstances a confession is voluntary in accordance with the dictates of the fifth and fourteenth amendments.


Capital Punishment: A Moral Dilemma, Eileen Weber Jan 1988

Capital Punishment: A Moral Dilemma, Eileen Weber

St. Thomas Law Review

Punishment by death has stirred controversy over the millennia of human existence. Recently, this country has debated whether a society in which the dignity of the individual is the supreme value can, without fundamental inconsistency, put the lives of some of its members to an untimely violent end. Only between 1967 and 1977 was there a moratorium on executions in the United States.1 Since death sentences were carried out again, a combined total of 101 persons have been executed, and, as of May 1, 1988, there were 2,048 convicted murderers on death row. Currently, only 14 states are without the …


Redefining A Culpable Mental State For Non-Triggermen Facing The Death Penalty, James J. Holman Jan 1988

Redefining A Culpable Mental State For Non-Triggermen Facing The Death Penalty, James J. Holman

Villanova Law Review (1956 - )

No abstract provided.


"Son Of Sam" And His Legislative Offspring: The Constitutionality Of Stripping Criminals Of Their Literary Profits, Alan N. Young Jan 1988

"Son Of Sam" And His Legislative Offspring: The Constitutionality Of Stripping Criminals Of Their Literary Profits, Alan N. Young

Articles & Book Chapters

We have seen in recent years a growing demand to recognize the victims’ rights and needs. In Canadian jurisdictions this has resulted in the introduction of victims-witness assistance programs that are designed to provide support to a victim of crime throughout the court process. Compensation boards have also been set up to provide financial remuneration w those who have suffered injury or loss at the hands of the perpetrator of the crime. In the United States, however, a more aggressive scheme for providing victim redress has been adopted by a number of the state legislatures. These "Son of Sam" laws, …


Mccleskey V. Kemp: The Supreme Court Pulls The Switch On Future Judicial Challenges To The Death Penalty, 22 J. Marshall L. Rev. 215 (1988), William H. Jones Jan 1988

Mccleskey V. Kemp: The Supreme Court Pulls The Switch On Future Judicial Challenges To The Death Penalty, 22 J. Marshall L. Rev. 215 (1988), William H. Jones

UIC Law Review

No abstract provided.


Rethinking Harmless Constitutional Error, A. Kimberley Dayton Jan 1988

Rethinking Harmless Constitutional Error, A. Kimberley Dayton

Faculty Scholarship

This article examines the increasing role of the Chapman Rule and its effect on the harmless error doctrine and outlines a coherent doctrine of constitutional error responsive to the purposes of the various constitutional protections afforded criminal defendants. Part I evaluates the Court's existing harmless error jurisprudence. Part II proposes a harmless error doctrine that, unlike the Court's approach, responds to constitutional values unrelated to truth determination. The last two parts of the Article address two problems precipitated by the use of outcome-oriented rules to define and remedy constitutional error. Part III discusses when such a rule should be used …


Offensive Use Of The Insanity Defense: Imposing The Insanity Defense Over The Defendant's Objection, David S. Cohn Jan 1988

Offensive Use Of The Insanity Defense: Imposing The Insanity Defense Over The Defendant's Objection, David S. Cohn

UC Law Constitutional Quarterly

No abstract provided.


Do Judicial Scarlet Letters Violate The Cruel And Unusual Punishments Clause Of The Eight Amendment, Gregory M. Brown Jan 1988

Do Judicial Scarlet Letters Violate The Cruel And Unusual Punishments Clause Of The Eight Amendment, Gregory M. Brown

UC Law Constitutional Quarterly

No abstract provided.


White Superiority In America: Its Legal Legacy, Its Economic Costs, Derrick Bell Jan 1988

White Superiority In America: Its Legal Legacy, Its Economic Costs, Derrick Bell

Villanova Law Review (1956 - )

No abstract provided.


Preventive Detention: Illinois Takes A Tenative Step Towards A Safer Community, 21 J. Marshall L. Rev. 389 (1988), Carolyn Nickels Offenbach Jan 1988

Preventive Detention: Illinois Takes A Tenative Step Towards A Safer Community, 21 J. Marshall L. Rev. 389 (1988), Carolyn Nickels Offenbach

UIC Law Review

No abstract provided.


The New Illinois Videotape Statute In Child Sexual Abuse Cases: Reconciling The Defendant's Constitutional Rights With The State's Interest In Prosecuting Defenders, 22 J. Marshall L. Rev. 331 (1988), Denise C. Hockley-Cann Jan 1988

The New Illinois Videotape Statute In Child Sexual Abuse Cases: Reconciling The Defendant's Constitutional Rights With The State's Interest In Prosecuting Defenders, 22 J. Marshall L. Rev. 331 (1988), Denise C. Hockley-Cann

UIC Law Review

No abstract provided.


Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski Jan 1988

Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski

Faculty Scholarship

The purpose of this Comment is to examine the history of the enactment and early enforcement of the Civil Rights Act of 1866 from the perspective of the remedies Congress sought to provide to meet the problems that necessitated the legislation. Its main foci are the statute's enforcement provisions and their early implementation, an aspect of the history of the statute that has not been fully considered in relation to section one, the provision that has received the most scholarly attention. The occasion of this study is the Supreme Court's reconsideration of Runyon v. McCrary' in Patterson v. McLean Credit …


Privatization Of Prisons: An Analysis Of The State Action Requirement Of The Fourteenth Amendment And 42 U.S.C. § 1983, Ira Robbins Jan 1988

Privatization Of Prisons: An Analysis Of The State Action Requirement Of The Fourteenth Amendment And 42 U.S.C. § 1983, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Introduction: The privatization of prisons raises important issues with respect to liability in suits brought by inmates. If a private company operates the prison, the state likely will be directly involved in some aspects of prison life, such as using force when necessary or making quasi-judicial decisions, but it may not be directly involved in the day-to-day operation of the institution. This dichotomy of involvement may lead to con- fusion over responsibility and accountability when a violation of rights is alleged to have occurred. When a private party, as opposed to a government employee, is charged with abridging rights guaranteed …


Casenotes: Constitutional Criminal Law — Sentencing — Mandatory Sentencing Statute Requiring Life Imprisonment Without Parole For Habitual Offenders Of Violent Crimes Satisfies The Eighth Amendment's Proportionality Principle When Applied To A Fourth Conviction Of Daytime Housebreaking. State V. Davis, 310 Md. 611, 530 A.2d 1223 (1987), Thomas Patrick Ott Jan 1988

Casenotes: Constitutional Criminal Law — Sentencing — Mandatory Sentencing Statute Requiring Life Imprisonment Without Parole For Habitual Offenders Of Violent Crimes Satisfies The Eighth Amendment's Proportionality Principle When Applied To A Fourth Conviction Of Daytime Housebreaking. State V. Davis, 310 Md. 611, 530 A.2d 1223 (1987), Thomas Patrick Ott

University of Baltimore Law Review

No abstract provided.


Independent Counsel And The Constitution, Harold H. Bruff Jan 1988

Independent Counsel And The Constitution, Harold H. Bruff

Publications

No abstract provided.


Recent Amendments To Canadian Lottery And Gaming Laws: The Transfer Of Power Between Federal And Provincial Governments, Judith A. Osborne, Colin S. Campbell Jan 1988

Recent Amendments To Canadian Lottery And Gaming Laws: The Transfer Of Power Between Federal And Provincial Governments, Judith A. Osborne, Colin S. Campbell

Osgoode Hall Law Journal

Through an examination of recent amendments to the lottery and gaming provisions of the Criminal Code and of the law reform process involved in those amendments, this article demonstrates the unique structure of Canadian gaming laws and challenges the constitutional validity of provincial regulation as an interdelegation of power.


Reconstituting 'Original Intent:' A Constitutional Law Encyclopedia For The Next Century, David Skover Jan 1988

Reconstituting 'Original Intent:' A Constitutional Law Encyclopedia For The Next Century, David Skover

Faculty Articles

In this article Professor Skover reviews the Encyclopedia of the American Constitution. The Encyclopedia describes, in a fairly balanced and accurate manner, the contemporary understanding of the American constitutional heritage. The Encyclopedia exhibits the important functions that an encyclopedic work may serve in the legal culture of the twenty-first century. This review essay explores this thought. Part I describes the Encyclopedia's organizational structure, the interdisciplinary nature of its commentaries, and the divergent characters of its contributors. Part II considers the potential for its use and explores its role as the record of "original intent" for this century's constitutional "founders."


Restoring The Confrontation Clause To The Sixth Amendment, Randolph N. Jonakait Jan 1988

Restoring The Confrontation Clause To The Sixth Amendment, Randolph N. Jonakait

Articles & Chapters

No abstract provided.


The Misadventures Of State Postconviction Remedies, Larry Yackle Jan 1988

The Misadventures Of State Postconviction Remedies, Larry Yackle

Faculty Scholarship

In a colloquium concentrating on the lower federal courts' jurisdiction to determine federal claims, it falls to me to treat state court opportunities to adjudicate the same issues in advance of, as an aid to, or in place of federal litigation. To do that, I will have to recount some conventional wisdom regarding the development of federal habeas corpus and state postconviction remedies in tandem during the last half century. In due course, I hope to solicit support for an unconventional conclusion to be drawn from that experience.


The Bork Nomination, Ronald M. Dworkin Oct 1987

The Bork Nomination, Ronald M. Dworkin

Cardozo Law Review

No abstract provided.


The Compelling Case Against Robert H. Bork, Stephen Gillers Oct 1987

The Compelling Case Against Robert H. Bork, Stephen Gillers

Cardozo Law Review

No abstract provided.


Whatever Happened To The "Right To Know?": The Right Of Access To Government-Controlled Information Since Richmond Newspapers On Those Who Don't, Michael Hayes Sep 1987

Whatever Happened To The "Right To Know?": The Right Of Access To Government-Controlled Information Since Richmond Newspapers On Those Who Don't, Michael Hayes

All Faculty Scholarship

No abstract provided.


Disorder In The Court: The Death Penalty And The Constitution, Robert A. Burt Aug 1987

Disorder In The Court: The Death Penalty And The Constitution, Robert A. Burt

Michigan Law Review

This article has two purposes. Its first aim is to trace the significance of these shifting characterizations of American society in the Justices' successive approaches to the death penalty by retelling the story of the Court's capital punishment jurisprudence. Its second purpose is to suggest that belief in implacable social hostility destroys the coherence of the judicial role in constitutional adjudication. America may indeed be an irreconcilably polarized society; I cannot dispositively prove or disprove the proposition. I mean only to claim that in constitutional adjudication a judge is obliged to act as if this proposition were false; and, moreover, …


A Constitutional Right Of Access To Pretrial Documents: A Missed Opportunity In Reporters Committee For Freedom Of The Press, Daniel J. Kopp Jul 1987

A Constitutional Right Of Access To Pretrial Documents: A Missed Opportunity In Reporters Committee For Freedom Of The Press, Daniel J. Kopp

Indiana Law Journal

No abstract provided.


Toleration And The Constitution, Judith L. Hudson May 1987

Toleration And The Constitution, Judith L. Hudson

Michigan Law Review

A Review of Toleration and the Constitution by David A.J. Richards


Constitutional Politics: Affirmative Action And Supreme Process, Albert Broderick Apr 1987

Constitutional Politics: Affirmative Action And Supreme Process, Albert Broderick

North Carolina Central Law Review

No abstract provided.