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Full-Text Articles in Law

The Illusory Eighth Amendment, John F. Stinneford Dec 2013

The Illusory Eighth Amendment, John F. Stinneford

UF Law Faculty Publications

Although there is no obvious doctrinal connection between the Supreme Court’s Miranda jurisprudence and its Eighth Amendment excessive punishments jurisprudence, the two are deeply connected at the level of methodology. In both areas, the Supreme Court has been criticized for creating “prophylactic” rules that invalidate government actions because they create a mere risk of constitutional violation. In reality, however, both sets of rules deny constitutional protection to a far greater number of individuals with plausible claims of unconstitutional treatment than they protect.

This dysfunctional combination of over- and underprotection arises from the Supreme Court’s use of implementation rules as a …


The Sanctity Of The Attorney-Client Relationship – Undermined By The Federal Interpretation Of The Right To Counsel - People V. Borukhova, Tara Laterza Mar 2013

The Sanctity Of The Attorney-Client Relationship – Undermined By The Federal Interpretation Of The Right To Counsel - People V. Borukhova, Tara Laterza

Touro Law Review

No abstract provided.


A Cumulative Approach To Ineffective Assistance: New York’S Requirement That Counsel’S Cumulative Efforts Amount To Meaningful Representation - People V. Bodden, Jan Lucas Mar 2013

A Cumulative Approach To Ineffective Assistance: New York’S Requirement That Counsel’S Cumulative Efforts Amount To Meaningful Representation - People V. Bodden, Jan Lucas

Touro Law Review

No abstract provided.


What Are We Searching For? Conditions, Elements, And Requirements For A Valid “Searching Inquiry” In The State Of New York - People V. Crampe, Dean M. Villani Mar 2013

What Are We Searching For? Conditions, Elements, And Requirements For A Valid “Searching Inquiry” In The State Of New York - People V. Crampe, Dean M. Villani

Touro Law Review

No abstract provided.


Confronting The Confrontation Clause: Addressing The Unanswered Question Of Whether Autopsy Reports Are Testimonial Evidence - People V. Hall, Bailey Ince Mar 2013

Confronting The Confrontation Clause: Addressing The Unanswered Question Of Whether Autopsy Reports Are Testimonial Evidence - People V. Hall, Bailey Ince

Touro Law Review

No abstract provided.


Criminal Wrongs And Constitutional Rights: A View From India, Shubhankar Dam Dec 2012

Criminal Wrongs And Constitutional Rights: A View From India, Shubhankar Dam

Shubhankar Dam

This essay offers an overview of how ideas of constitutionalism, rule of law and fundamental rights contributed to the development of criminal law in India. Various courts, and the Supreme Court in particular, have summoned these broad constitutional concepts to understand, interpret and develop criminal law doctrines. But they are also drawing on these concepts to increasingly address “structural” issues of the criminal justice system - the very apparatus responsible for implementing the doctrines.