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Miranda, The Constitution, And Congress, David A. Strauss
Miranda, The Constitution, And Congress, David A. Strauss
Michigan Law Review
Are Miranda warnings required by the Constitution, or not? If they are, why has the Supreme Court repeatedly said that the rights created by Miranda are "not themselves rights protected by the Constitution"? If not, why can't an Act of Congress, such as 18 U.S.C. 3501, declare them to be unnecessary? These were the central questions posed by United States v. Dickerson. It is not clear that the majority opinion ever really answered them. The majority said that "Miranda is constitutionally based," that Miranda has "constitutional underpinnings," that Miranda is "a constitutional decision," and that Miranda "announced a constitutional rule." …
Jury Trials And First Amendment Values In "Cyber World", John E. Nowak
Jury Trials And First Amendment Values In "Cyber World", John E. Nowak
University of Richmond Law Review
In the past half-century, I suspect, enough trees to constitute a small forest have been turned into paper simply for discussion of free speech and fair trial issues. I doubt that there is little new to say about how legislatures or courts should be dealing with the subject at the moment. The Supreme Court has been able to work out a series of positions that are at least "good enough for govermnent work" concerning subjects such as attorney speech regulations, closure of trials, courthouse picketing, and protective orders related to the discovery process.