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Criminal Procedure In A Conservative Age: A Time To Rediscover The Critical Nonconstitutional Issues, Richard S. Frase Mar 1986

Criminal Procedure In A Conservative Age: A Time To Rediscover The Critical Nonconstitutional Issues, Richard S. Frase

Journal of Legal Education

No abstract provided.


Judicially Ordered Social Reform: Neofederalism And Neonationalism And The Debate Over Political Structure, David Rudenstine Mar 1986

Judicially Ordered Social Reform: Neofederalism And Neonationalism And The Debate Over Political Structure, David Rudenstine

Articles

The article examines the ideological divide within the U.S. Supreme Court between neofederalism and neonationalism, two legal theories that shape the Court's approach to federalism and individual rights. Neofederalism emphasizes state autonomy and limits federal intervention in state institutions, while neonationalism advocates for a stronger federal role in protecting individual rights, even if it requires overriding state decisions. This divide significantly influences the Court's rulings on issues such as prison conditions and institutional reform, reflecting broader debates about the role of federalism in social reform and judicial decision-making.


On Prosecutorial Ethics, Carol A. Corrigan Jan 1986

On Prosecutorial Ethics, Carol A. Corrigan

UC Law Constitutional Quarterly

No abstract provided.


Legal Ethics, Client Perjury And The Privilege Against Self-Incrimination, Thomas S. Donovan Jan 1986

Legal Ethics, Client Perjury And The Privilege Against Self-Incrimination, Thomas S. Donovan

UC Law Constitutional Quarterly

No abstract provided.


Automatic Disbarment: A Convicted Felon's Just Desserts, Michael A. Gentile, Sarah Diane Mcshea Jan 1986

Automatic Disbarment: A Convicted Felon's Just Desserts, Michael A. Gentile, Sarah Diane Mcshea

UC Law Constitutional Quarterly

No abstract provided.


Nix V. Whiteside: The Lawyer's Role In Reponse To Perjury, James R. Mccall Jan 1986

Nix V. Whiteside: The Lawyer's Role In Reponse To Perjury, James R. Mccall

UC Law Constitutional Quarterly

No abstract provided.


The Constitutional Problems With Late Motions To Disqualify Criminal Defense Counsel: A Proposed Solution, Judith Tury Jan 1986

The Constitutional Problems With Late Motions To Disqualify Criminal Defense Counsel: A Proposed Solution, Judith Tury

UC Law Constitutional Quarterly

No abstract provided.


A Case Against Automatic Disbarment, Abraham Abramovsky Jan 1986

A Case Against Automatic Disbarment, Abraham Abramovsky

UC Law Constitutional Quarterly

No abstract provided.


Attorney Loyalty And Client Perjury - A Postscript To Nix V. Whiteside, Bennett L. Gershman Jan 1986

Attorney Loyalty And Client Perjury - A Postscript To Nix V. Whiteside, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

How much, if at all, can a criminal defense lawyer cooperate in his or her client's decision to commit perjury? Courts, commentators, and bar committees have grappled with this question for years without offering clear or consistent guidelines. Any principled response must take into account some very hard questions. Under what circumstances, for instance, does the lawyer ever really "know" that his client's proposed testimony is false? Is it sufficient if the lawyer simply disbelieves his client's story, or that of his client's witnesses? Does it make any difference if the attorney learns of a plan to perjure during the …


State V. Delaurier: Privacy Rights And Cordless Telephones - The Fourth Amendment Is Put On Hold, 19 J. Marshall L. Rev. 1087 (1986), Donald Battaglia Jan 1986

State V. Delaurier: Privacy Rights And Cordless Telephones - The Fourth Amendment Is Put On Hold, 19 J. Marshall L. Rev. 1087 (1986), Donald Battaglia

UIC Law Review

No abstract provided.


Bowers V. Hardwick: The Constitutionality Of Georgia's Sodomy Statute, 20 J. Marshall L. Rev. 325 (1986), James J. Bromberek Jan 1986

Bowers V. Hardwick: The Constitutionality Of Georgia's Sodomy Statute, 20 J. Marshall L. Rev. 325 (1986), James J. Bromberek

UIC Law Review

No abstract provided.


State High Courts, State Constitutions, And Individual Rights Litigation Since 1980: A Judicial Survey, Ronald K. L. Collins, Peter J. Galie, John Kincaid Jan 1986

State High Courts, State Constitutions, And Individual Rights Litigation Since 1980: A Judicial Survey, Ronald K. L. Collins, Peter J. Galie, John Kincaid

UC Law Constitutional Quarterly

No abstract provided.


Survey On The Constitutional Right To Privacy In The Context Of Homosexual Activity, Yao Apasu-Gbotsu, Robert J. Arnold, Paul Dibella, Kevin Dorse, Elisa L. Fuller, Steven H. Naturman, Dung Hong Pham, James B. Putney Jan 1986

Survey On The Constitutional Right To Privacy In The Context Of Homosexual Activity, Yao Apasu-Gbotsu, Robert J. Arnold, Paul Dibella, Kevin Dorse, Elisa L. Fuller, Steven H. Naturman, Dung Hong Pham, James B. Putney

University of Miami Law Review

No abstract provided.


The Court-Ordered Predisposition Evaluation Under Washington's Juvenile Justice Act: A Violation Of The Privilege Against Self-Incrimination?—Wash. Rev. Code § 13.40, Judith H. Ramseyer Jan 1986

The Court-Ordered Predisposition Evaluation Under Washington's Juvenile Justice Act: A Violation Of The Privilege Against Self-Incrimination?—Wash. Rev. Code § 13.40, Judith H. Ramseyer

Seattle University Law Review

This Comment analyzes the significance of the principles animating the constitutional privilege against self-incrimination by first looking at the purposes of Washington’s Juvenile Justice Act; second, by examining the status of the privilege against self-incrimination during sentencing; and third, by applying the values protected by the privilege to the use of predisposition psychological evaluations in Washington juvenile courts.


A Mandatory Right To Counsel For The Material Witness, Susan Kling Jan 1986

A Mandatory Right To Counsel For The Material Witness, Susan Kling

University of Michigan Journal of Law Reform

This Note argues that a uniform statute establishing a mandatory right to counsel should be adopted, at both the state and federal levels, to afford to the material witness protection that the Constitution fails to provide. Part I describes the general scope of the problem and concludes that neither the federal government, the individual states, nor the United States Constitution provides the material witness with a mandatory right to counsel. Part II argues that the material witness should have a statutorily mandated right to counsel. A mandatory right to counsel should be extended to the material witness both for the …


Whose Right Is It Anyway?: Rethinking Competency To Stand Trial In Light Of The Synthetically Sane Insanity Defendant, Linda C. Fentiman Jan 1986

Whose Right Is It Anyway?: Rethinking Competency To Stand Trial In Light Of The Synthetically Sane Insanity Defendant, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

This article's thesis is that given the magnitude of the insanity defendant's fundamental constitutional liberties--his constitutional right to present and conduct his defense, his privilege against self-incrimination, his constitutional right to privacy and bodily integrity, and his common law right to give informed consent to medical treatment--the state's interest in assuring the defendant's competency must give way if he chooses to waive his right to be tried while competent. Most, if not all, of the purposes of the prohibition against trying an incompetent defendant can be met even if the defendant is tried without psychotropic medication as long as he …


To Have And To Hold: The Marital Rape Exemption And The Fourteenth Amendment, Anne Dailey Jan 1986

To Have And To Hold: The Marital Rape Exemption And The Fourteenth Amendment, Anne Dailey

Faculty Articles and Papers

No abstract provided.


Malley V. Briggs: The Court Offers A Civil Remedy For Fourth Amendment Violations On The Wake Of An Eroding Exclusionary Rule, 19 J. Marshall L. Rev. 1101 (1986), Ellen Keefe-Garner Jan 1986

Malley V. Briggs: The Court Offers A Civil Remedy For Fourth Amendment Violations On The Wake Of An Eroding Exclusionary Rule, 19 J. Marshall L. Rev. 1101 (1986), Ellen Keefe-Garner

UIC Law Review

No abstract provided.


Constraints Of Power: The Constitutional Opinions Of Judges Scalia, Bork, Posner, Easterbrook, And Winter, James G. Wilson Jan 1986

Constraints Of Power: The Constitutional Opinions Of Judges Scalia, Bork, Posner, Easterbrook, And Winter, James G. Wilson

Law Faculty Articles and Essays

This article completes a two-part series studying the constitutional jurisprudence of Judges Antonin Scalia, Richard Posner, Robert Bork, Frank Easterbrook, and Ralph Winter Jr., five conservative academics appointed by President Reagan to the United States Court of Appeals. Judge Scalia has recently been appointed to the Supreme Court of the United States. In a previous article, published in the last issue of the University of Miami Law Review, I evaluated these five jurists' constitutional scholarship by contrasting their views with those of Edmund Burke, the originator of political conservative theory. That article tested Burke's wariness of political abstractions and his …


Subpoenas To Criminal Defense Lawyers: Proposal For Limits, Ellen Y. Suni Jan 1986

Subpoenas To Criminal Defense Lawyers: Proposal For Limits, Ellen Y. Suni

Faculty Works

No abstract provided.


The Emperor Gideon Has No Clothes: The Empty Promise Of The Constitutional Right To Effective Assistance Of Counsel, Richard Klein Jan 1986

The Emperor Gideon Has No Clothes: The Empty Promise Of The Constitutional Right To Effective Assistance Of Counsel, Richard Klein

UC Law Constitutional Quarterly

No abstract provided.


The Inadequate Police Protection Of Battered Wives: Can A City And Its Police Be Held Liable Under The Equal Protection Clause?, Jeffrey A. Shapiro Jan 1986

The Inadequate Police Protection Of Battered Wives: Can A City And Its Police Be Held Liable Under The Equal Protection Clause?, Jeffrey A. Shapiro

Fordham Urban Law Journal

The police strive to settle the vast majority of wife battering cases without arrest or through mediation, often leading to terrible results for the abused wife. This Note supports holding a city and its police liable under the equal protection clause for the inadequate police protection of battered wives. The Note finds the best legal strategy under the equal protection clause would involve showing impermissible gender-based discrimination.


The Exclusionary Rule: A Disputation, Peter Lushing Jan 1986

The Exclusionary Rule: A Disputation, Peter Lushing

Cardozo Law Review

Four-thirty p.m.: the lawyer's decompression hour. Court has just adjourned. The belligerents and (dare we say it) a judge or two recuperate in saloons close by the courthouse; their families can wait. In one tavern, a rear booth is about to be occupied by Mark earnest young county prosecutor. Mark is on the verge of that time when a criminal lawyer begins to doubt the sanity of the system and, perforce, his own integrity. He will be joined by Sam, a born defense counsel. Sam secretly worships America's criminal justice system for its holy commitment to procedural regularity. He has …


National Minimum Drinking Age Act Of 1984: Once Again Congress Mails Home Another Fist, Kevin Kadlec Jan 1986

National Minimum Drinking Age Act Of 1984: Once Again Congress Mails Home Another Fist, Kevin Kadlec

Cleveland State Law Review

This Note will examine the federal interest as it conflicts with the states' interest in setting their own drinking ages, which are derived from section two of the twenty-first amendment and the tenth amendment, respectively. This conflict is given sharper focus when examined in the context of Supreme Court tests and balancing measures developed in recent decades in these constitutional arenas. A controversy has arisen because of the congressional imposition of a national minimum drinking age on the states through coercive withholding of federal funds. It is the purpose of this Note to examine the controversy created by the Drinking …


Compelling Testimony In Alaska: The Coming Rejection Of Use And Derivative Use Immunity, Jeff M. Feldman Jan 1986

Compelling Testimony In Alaska: The Coming Rejection Of Use And Derivative Use Immunity, Jeff M. Feldman

Articles

Until 1972, when the Supreme Court upheld a federal use andderivative use immunity statute in Kastigar v. United States, virtually every court that considered the issue of the compulsion of testimony favored transactional immunity. It appears that most courts interpreted the Supreme Court's 1892 decision in Counselman v. Hitchcock as finding only transactional immunity constitutional. Since Kastigar, the Alaska Supreme Court has had several opportunities totake sides in the debate over the grant of immunity constitutionally required to compel testimony. On each such occasion, the court has expressed a preference for transactional immunity, but has carefullyavoided resolving the …


Cameras In The Courtroom: Guidelines For State Criminal Trials, Nancy T. Gardner Dec 1985

Cameras In The Courtroom: Guidelines For State Criminal Trials, Nancy T. Gardner

Michigan Law Review

This Note analyzes the conflicting interests involved in televising state criminal trials and proposes a model set of guidelines for consideration by states that decide to permit electronic media in their courtrooms. The Note favors restrictions on broadcasters once in the courtroom and advocates that the defendant's right to a fair trial receive more scrupulous protection than the broadcast media's interest in attendance and the public's "right to know." Part I presents the constitutional principles with which any set of guidelines must comply. Part II analyzes the policy considerations that should guide the formulation of state guidelines, and concludes that …


An Examination Of Whether Incarcerated Juveniles Are Entitled By The Constitution To Rehabilitative Treatment, Andrew D. Roth Nov 1985

An Examination Of Whether Incarcerated Juveniles Are Entitled By The Constitution To Rehabilitative Treatment, Andrew D. Roth

Michigan Law Review

This Note attempts to resolve the arguments presented in the literature and the case law and determine whether the federal Constitution mandates a right to treatment for involuntarily incarcerated juveniles. Part I examines the varied situations that have given rise to right to treatment claims. Part II elucidates the three principal theories on which right to treatment claims have been based: (1) that because the purpose of incarcerating juveniles is to promote their welfare, rehabilitation is mandated by the due process requirement that the nature of the commitment "bear some reasonable relation to the purpose for which the individual is …


Press-Enterprise Co. V. Superior Court Of California For The County Of Riverside, Lewis F. Powell Jr. Oct 1985

Press-Enterprise Co. V. Superior Court Of California For The County Of Riverside, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Batson V. Kentucky, Lewis F. Powell Jr. Oct 1985

Batson V. Kentucky, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Remedies To The Dilemma Of Death-Qualified Juries, Robert M. Berry Jul 1985

Remedies To The Dilemma Of Death-Qualified Juries, Robert M. Berry

University of Arkansas at Little Rock Law Review

No abstract provided.