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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
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
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
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
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
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
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
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
"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
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
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
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
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
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
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
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
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
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
University of Baltimore Law Review
No abstract provided.
Independent Counsel And The Constitution, Harold H. Bruff
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
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
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
Restoring The Confrontation Clause To The Sixth Amendment, Randolph N. Jonakait
Articles & Chapters
No abstract provided.
The Misadventures Of State Postconviction Remedies, Larry Yackle
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
The Compelling Case Against Robert H. Bork, Stephen Gillers
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
All Faculty Scholarship
No abstract provided.
Disorder In The Court: The Death Penalty And The Constitution, Robert A. Burt
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
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
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
Constitutional Politics: Affirmative Action And Supreme Process, Albert Broderick
North Carolina Central Law Review
No abstract provided.