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Full-Text Articles in Law
Errors In Good Faith: The Leon Exception Six Years Later, David Clark Esseks
Errors In Good Faith: The Leon Exception Six Years Later, David Clark Esseks
Michigan Law Review
Given this vast literature on the good faith exception, little room appears to exist for additional commentary on the propriety of the decision, its theoretical weaknesses or strengths, or what further changes in constitutional criminal procedure it forebodes. This Note will not add to the many voices complaining of the Court's misconstrual of the grounding of the exclusionary rule, nor of its crabbed notion of deterrence. Instead, it accepts, arguendo, the propriety of the exception and its underlying purpose, and then examines the six-year experience with the revised rule. The proliferation of reported applications of the good faith exception …
Form And Function In The Administration Of Justice: The Bill Of Rights And Federal Habeas Corpus, Larry W. Yackle
Form And Function In The Administration Of Justice: The Bill Of Rights And Federal Habeas Corpus, Larry W. Yackle
University of Michigan Journal of Law Reform
Part I critiques the Report's insistence that accurate fact finding exhausts, or nearly exhausts, the objectives of criminal justice, identifies the fundamental role of the Bill of Rights in the American political order, and situates federal habeas corpus within that framework. Part II traces the Report's historical review of the federal habeas jurisdiction and critiques the Report's too-convenient reliance on selected materials that, on examination, fail to undermine conventional understandings of the writ's development as a postconviction remedy. Part III responds to the Report's complaints regarding current habeas corpus practice and refutes contentions that the habeas jurisdiction overburdens federal dockets …
A Plea For Help: Pleading Problems In Section 1983 Municipal Liability Claims, Evan S. Schwartz
A Plea For Help: Pleading Problems In Section 1983 Municipal Liability Claims, Evan S. Schwartz
Touro Law Review
No abstract provided.
Gideon V. Wainwright A Quarter-Century Later, Yale Kamisar
Gideon V. Wainwright A Quarter-Century Later, Yale Kamisar
Articles
In a brief working paper sent to all conference participants, Professor Burt Neuborne suggested that we might consider several themes, among them "Gideon Celebrated," "Gideon Fulfilled," and "Gideon Betrayed." I think these are useful headings.
Judging The Judges: Three Opinions, James Boyd White
Judging The Judges: Three Opinions, James Boyd White
Articles
For some time I have been working on the problem of judicial criticism, focusing especially on the question: What is it in the work of a judge that leads us to admire a judicial opinion with the result of which we disagree, or to condemn an opinion that "comes out" the way we would do if we were charged with the responsibility of decision? The response I have been making is that this kind of judicial excellence (and its opposite too) lies in the sort of social and intellectual action in which the opinion engages: in the character the court …