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Full-Text Articles in Law
The Legality Of Deliberate Miranda Violations: How Two-Step National Security Interrogations Undermine Miranda And Destabilize Fifth Amendment Protections, Lee Ross Crain
Michigan Law Review
As part of the global “War on Terror,” federal agents intentionally delay issuing Miranda warnings to terrorism suspects during custodial interrogations. They delay the warnings presuming that unwarned suspects will more freely offer vital national security intelligence. After a suspect offers the information he has, agents administer Miranda warnings and attempt to elicit confessions that prosecutors can use at the suspect’s trial. No court has ruled on the constitutionality of this two-step national security interrogation process to determine whether admitting the second, warned confession is allowed under Miranda v. Arizona and its progeny. A fragmented Supreme Court examined two-step interrogations …
Weakening The Bill Of Rights: A Victory For Terrorism, Stephen Reinhardt
Weakening The Bill Of Rights: A Victory For Terrorism, Stephen Reinhardt
Michigan Law Review
What is most remarkable about Richard Posner's latest book-and he has written many-is that he argues that we should repose full confidence in the executive branch to handle the most sensitive constitutional issues of our time without once mentioning the flagrant breaches of law and critical falsehoods with which President Bush and his administration have deluged the public since 9/11. This only seven years after he composed a lengthy tome regarding President Clinton's impeachment in which he appropriately, if harshly, condemned the president for his unethical and illegal conduct, principally his deliberate lies and purposeful lack of candor with the …
Sexualized Racism/Gendered Violence: Outraging The Body Politic In The Reconstruction South, Lisa Cardyn
Sexualized Racism/Gendered Violence: Outraging The Body Politic In The Reconstruction South, Lisa Cardyn
Michigan Law Review
From its establishment in the months following the Civil War by a motley assortment of disgruntled former rebels, the first Ku Klux Klan, like its many vigilante counterparts, employed terror to realize its invidious social and political aspirations. This terror assumed disparate shapes - from the storied nightriding of disguised bands on horseback, to cryptic threats, horrific assaults, and, not infrequently, murder. While students of Reconstruction have considered many facets of klan violence, none to date has focused exclusively on sexual violence in its historical specificity. Yet, as the work of Catherine Clinton, Laura Edwards, and Martha Hodes persuasively demonstrates, …
Constitutional Law-Saboteurs And The Jurisdiction Of Military Commissions, George T. Schilling
Constitutional Law-Saboteurs And The Jurisdiction Of Military Commissions, George T. Schilling
Michigan Law Review
The jurisdiction of military tribunals in the United States has troubled political and legal writers since the days of the Revolution. Decided cases are not numerous. The boundaries separating military and civil jurisdiction are not precise. Observations of the plight of oppressed peoples in other lands as well as the conception of total war and the course of action necessary for survival warrant a reexamination and reappraisal of our constitutional guarantees, which were in part based upon and reflect a fear of tyrannical military rule. A pronouncement of the Supreme Court of the United States in this field is, therefore, …