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A Lesson In Incaution, Overwork, And Fatigue: The Judicial Miscraftsmanship Of Segura V. United States, Joshua Dressler

William & Mary Law Review

No abstract provided.

Nativity Scenes And Judicial Responsibility, Norman Dorsen, Charles Sims, Georgetown University Law Center

Philip A. Hart Memorial Lecture

On March 22, 1985, Professor of Law, Norman Dorsen of New York University School of Law, delivered the Georgetown Law Center’s fifth Annual Philip A. Hart Memorial Lecture: "Nativity Scenes and Judicial Responsibility."

Norman Dorsen is Counselor to the President of New York University and Stokes Professor of Law, NYU School of Law, where he has taught since 1961. He is co-director of the Arthur Garfield Hays Civil Liberties Program and was the founding director of NYU's Hauser Global Law School Program in 1994.

Dorsen performed military service in the office of the Secretary of the Army, where he assisted …

Capital Punishment: For Or Against, Jan Gorecki

Michigan Law Review

A Review of The Death Penalty -- A Debate by Ernest van den Haag and John Conrad

Just And Painful: A Case For The Corporal Punishment Of Criminals, Michigan Law Review

Michigan Law Review

A Review of Just and Painful: A Case for the Corporal Punishment of Criminals by Graeme Newman

Information Law Overview, 18 J. Marshall L. Rev. 815 (1985), George B. Trubow

UIC Law Review

No abstract provided.

Gates, Leon, And The Compromise Of Adjudicative Fairness (Part Ii): Of Aggressive Majoritarianism, Willful Deafness, And The New Exception To The Exclusionary Rule, Joel Jay Finer

Cleveland State Law Review

Part I examined in a dialogue form the idea that Justice White and other members of the Leon majority had prejudged issues of law in earlier cases––pre-committed themselves in violation of their duty of impartiality––by elaborating in detailed, cohesive, comprehensive opinions, reasons why existing law was incorrect and had to be changed to permit a "good-faith, objective police reasonableness" exception to the exclusionary rule. These prejudgments precluded fair consideration of the merits in Leon. Beyond that, the Leon opinion itself, considered in view of the arguments of counsel and the scholarship in currency, evinced an agenda-driven pre-commitment to its outcome; …

Casenotes: Constitutional Law — Constitutional Guarantees Of Open Public Proceedings In Criminal Trials Extend To Voir Dire Examination Of Potential Jurors. Press-Enterprise Co. V. Superior Court, 104 S. Ct. 819 (1984), Kevin M. Soper

University of Baltimore Law Review

No abstract provided.

Casenotes: Constitutional Law — Roadside Sobriety Tests May Not Be Administered By Law Enforcement Officials Without Probable Cause To Believe The Defendant Was Driving While Intoxicated. People V. Carlson, 677 P.2d 310 (Colo. 1984), Elena A. Rodney

University of Baltimore Law Review

No abstract provided.

Casenotes: New Trials — Criminal Procedure — Constitutional Law — New Trial Not Warranted Unless Newly Discovered Evidence Satisfies Threshold Requirement Of Materiality To The Outcome Of The Case. Stevenson V. State, 299 Md. 297, 473 A.2d 450 (1984), Nicole Porter

University of Baltimore Law Review

No abstract provided.

A Constitutional Right To An Appeal: Guarding Against Unacceptable Risks Of Erroneous Conviction, James E. Lobsenz

Seattle University Law Review

The many consequences of "constitutionalizing" the right to appeal become evident only when one answers certain underlying questions about the nature of an appeal. What are the essential elements of an appeal? Why should we view the criminal defendant's right to appeal as an element of due process of law? Part II of this Article seeks to develop a theoretical due process framework for use in deciding when the right to appeal under article I, section 22 of the Washington Constitution has been unconstitutionally abridged or denied. Part III contains an analysis of oral argument as an essential element of …

Does A Criminal Defendant Have A Constitutional Right To Compel The Production Of Privileged Testimony Through Use Immunity, Louis M. Natali Jr.

Villanova Law Review (1956 - )

No abstract provided.

Stanley Mosk: A Federalist For The 1980'S, Arthur J. Goldberg

UC Law Constitutional Quarterly

No abstract provided.

Constricting Federal Habeas Corpus: From Great Writ To Exceptional Remedy, Yale L. Rosenberg

UC Law Constitutional Quarterly

No abstract provided.

New York V. Quarles: The Dissolution Of Miranda, Mary M. Keating

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law - First Amendment - Public Has Right Of Access To Civil Proceedings, Wendy L. Bell

Villanova Law Review (1956 - )

No abstract provided.

Executive Targeting Of Congressmen As A Violation Of The Arrest Clause, Anita Bernstein

Faculty Scholarship

No abstract provided.

The Capital Defendant's Right To Make A Personal Plea For Mercy: Common Law Allocution And Constitutional Mitigation, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.

The Penal Dimensions Of Punitive Damages, Jeffery W. Grass

UC Law Constitutional Quarterly

No abstract provided.

Preservation Of Material Evidence In California: Does Hitch Survive Trombetta, Charles P. Maher

UC Law Constitutional Quarterly

No abstract provided.

Casenotes: Constitutional Law — Sixth Amendment Guarantees Assistance Of Counsel That Is Reasonably Effective And Does Not Prejudice The Fairness Of The Proceeding. Strickland V. Washington, 104 S. Ct. 2052 (1984), Jonathan E. Fink

University of Baltimore Law Review

No abstract provided.

The Privilege Against Self-Incrimination In A Rescue Situation, William T. Pizzi

Publications

No abstract provided.

Property Rules, Liability Rules, And Adverse Possession, Thomas W. Merrill

Faculty Scholarship

The law of adverse possession tends to be regarded as a quiet backwater. Both judicial opinions and leading treatises treat the legal doctrine as settled. The theory underlying the doctrine, although routinely discussed in the opening weeks of first-year property courses, is only rarely aired in the law reviews any more. Indeed, the most frequently cited articles on adverse possession date from the 1930s and earlier. Perhaps most tellingly, adverse possession seems to have completely escaped the attention of the modem law and economics movement – almost a sure sign of obscurity in today's legal-academic world.

Nevertheless, two recent events …

Two Models Of The Fourth Amendment, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

High Technology, The Human Image, And Constitutional Value, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.

Evitts V. Lucey, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Tennessee V. Garner, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

New Jersey V. T.L.O., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Back To The Laboratory With Peremptory Challenges: A Florida Response, James R. Jorgenson

Florida State University Law Review

No abstract provided.

Rights And Judges In A Democracy: A New Canadian Version, Paul C. Weiler

University of Michigan Journal of Law Reform

Canadians sought a constitutionally entrenched Charter of Rights not just for its own sake, but also as part of a larger effort at constitutional renewal. The hope was that such a Charter would preserve a united Canada in the face of the serious threat posed by French Canadian nationalism within a potentially independent Quebec. In this Article, I comment on those features of the Canadian debate and its denouement that are noteworthy within the Canadian context, as well as those that illustrate some of the universal themes of constitutional theory.

Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper

Michigan Law Review

The thrust of this Article is to attempt to ascertain just what differences the Court's judgments upholding individual constitutional rights have made for those who fall within the ambit of their protection. It seeks to address such questions as: What were the conditions that existed before the Court's ruling? How many people were subject to the regime that was invalidated by the Justices? Was the Court's mandate successfully implemented? What were the consequences for those affected? At a subjective level, were the repercussions perceived as salutary by those (or at least most of those) who were the beneficiaries of the …