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Full-Text Articles in Law
Constitutional Civil Law, Albert Sidney Johnson
Constitutional Civil Law, Albert Sidney Johnson
Mercer Law Review
During the 1995 survey period, the United States Court of Appeals for the Eleventh Circuit ("Eleventh Circuit" or "Court") was influenced by the Supreme Court of the United States (the "Supreme Court"), application of the effect of its earlier decisions, and a number of cases of first impression. The Court was required to modify its long-standing practices of pendent appellate jurisdiction and scope of review in cases involving qualified immunity defenses. The Supreme Court's refinement of the definition of "deliberate indifference' influenced several of the Court decisions relating to the Cruel and Unusual Punishments Clause of the Eighth Amendment. The …
Constitutional Criminal Procedure, James P. Fleissner
Constitutional Criminal Procedure, James P. Fleissner
Mercer Law Review
This Article surveys significant 1995 decisions of the United States Court of Appeals for the Eleventh Circuit in the field commonly referred to as "Constitutional Criminal Procedure." The primary focus of this branch of criminal procedure is on the interpretation of the Fourth, Fifth, and Sixth Amendments to the Constitution. In selecting notable cases from 1995, the author looked for important interpretations of legal tests, rulings in cases of first impression, and opinions on close or controversial questions. I have endeavored to provide criminal practitioners with a useful "briefing" on recent significant developments in the Eleventh Circuit. Furthermore, I hope …
Paranoia, Patriotism, And The Citizen Militia Movement: Constitutional Right Or Criminal Conduct?, R.J. Larizza
Paranoia, Patriotism, And The Citizen Militia Movement: Constitutional Right Or Criminal Conduct?, R.J. Larizza
Mercer Law Review
As this country rushes towards the twenty first century, a growing cloud of civil unrest has found its way into the hearts of many Americans. In a bold move to challenge the power of the federal government, a significant number of American citizens have sought refuge from perceived government injustice by forming citizen militias. These self styled militia groups fear that the liberties guaranteed by the United States Constitution are rapidly evaporating in the wake of a federal government that has grown too large and powerful. For example, while addressing the Senate Subcommittee on terrorism, Norman Olson (Commander of the …