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Witness For The Defense: A Right To Immunity, Robin D. Mass
Witness For The Defense: A Right To Immunity, Robin D. Mass
Vanderbilt Law Review
This Note has outlined various constitutional arguments that the criminal defendant can invoke in support of an application for witness immunity.First, the Note relies on the Supreme Court's decision in United States v. Nixon for its argument that courts should use a flexible separation of powers approach in the context of witness immunity grants. While the Nixon Court accepted the notion that separation of powers protects the decision making authority of the individual branches of government from infringement by the other branches, it observed that the doctrine does not enforce an absolute executive privilege. Thus, the separation of powers doctrine …
Point, Counterpoint: The Evolution Of American Political Philosophy, William H. Rehnquist
Point, Counterpoint: The Evolution Of American Political Philosophy, William H. Rehnquist
Vanderbilt Law Review
I would suggest to you that during the more than two centuries that have elapsed since the American Revolution, American political philosophy has been notable principally for the contrapuntal themes that rise and fall as the nation matures. Numerous commentators have pointed out that certain ideals have long been widely shared by Americans: individual autonomy, liberty, equality, and a belief in limited, decentralized government.1 But no one would be so bold as to describe the present government of the United States as embodying those ideals. We have a strong national government that, with occasional lapses, impinges more and more on …
The Interface Of Myth And Practice In Law, Frederick Schauer
The Interface Of Myth And Practice In Law, Frederick Schauer
Vanderbilt Law Review
This Article has analyzed and critiqued the myth of law as rules and contrasted it with a view of law as a process of responsible decision making. The operational code of this process requires that the lawyer recognize his role as decision maker and the necessary ramifications of personal choice and responsibility inherent in that role. Yet the individual who resists embracing the code, and who seeks instead the holy grail, may only be clamoring for fulfillment of the myth system. If his commitment to the significance of the myth does not impede his education as decision maker or his …
Categories And The First Amendment: A Play In Three Acts, Frederick Schauer
Categories And The First Amendment: A Play In Three Acts, Frederick Schauer
Vanderbilt Law Review
In the foregoing pages I have attempted to flesh out three different aspects of what has been broadly called "categorization."Implicit in this project is the premise that it is often quite revealing to search for important differences in the face of superficial similarity. Very often, however, when we search for differences we may discover additional points of similarity that are not at first apparent. This seems to be the case here, in that one recurrent feature is what one might inelegantly call "learnability." The concept of learnability is comprehensible only in the con-text of a separation of roles.' Thus, if …