Law Commons^™

How To Prevent Another Larsen Affair, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Rehabilitating Federalism, Erwin Chemerinsky

Michigan Law Review

A Review of To Make a Nation: The Rediscovery of American Federalism by Samuel H. Beer

War Powers: An Essay On John Hart Ely's War And Responsibility: Constitutional Lessons Of Vietnam And Its Aftermath, Philip Bobbitt

Michigan Law Review

A Review of War and Responsibility: Constitutional Lessons of Vietnam and its Aftermath by John Hart Ely

Punishment Most Cruel, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Taking The Fifth: Reconsidering The Origins Of The Constitutional Privilege Against Self-Incrimination, Eben Moglen

Michigan Law Review

The purpose of this essay is to cast doubt on two basic elements of the received historical wisdom concerning the privilege as it applies to British North America and the early United States. First, early American criminal procedure reflected less tenderness toward the silence of the criminal accused than the received wisdom has claimed. The system could more reasonably be said to have depended on self-incrimination than to have eschewed it, and this dependence increased rather than decreased during the provincial period for reasons intimately connected with the economic and social context of the criminal trial in colonial America.

Second, …

Rico's Latest Victim—Social Protest, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

What's Really Wrong With The Supreme Court Of Pennsylvania, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

The Public Interest And The Unconstitutionality Of Private Prosecutors, John Bessler

All Faculty Scholarship

This article discusses the history of private and public prosecution in the United States, including standards governing prosecutorial ethics. It argues that the use of private prosecutors is unethical and violative of defendants' constitutional rights. In particular, the article asserts that the use of such prosecutors violates due process principles and creates, at the very least, an unacceptable appearance of impropriety. The article contends that the public's interest in not having its members erroneously charged or convicted in the criminal process outweighs an interested party's right to retain a private prosecutor as set forth in some state laws. In addition …

The Role Of Lower State Courts In Adapting State Law To Changed Federal Interpretations, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.