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Full-Text Articles in Law
Checks And Balances In The Criminal Law, Daniel Epps
Checks And Balances In The Criminal Law, Daniel Epps
Scholarship@WashULaw
The separation of powers is considered essential in the criminal law, where liberty and even life are at stake. Yet the reasons for separating criminal powers are surprisingly opaque, and “the separation of powers” is often used to refer to distinct, and sometimes contradictory, concepts.
This Article reexamines the justifications for the separation of powers in criminal law. It asks what is important about separating criminal powers and what values such separation serves. It concludes that in criminal justice, the traditional Madisonian approach of separating powers between functionally differentiated political institutions—legislature, executive, and judiciary—bears no necessary connection to important values …
Victory Without Success? – The Guantanamo Litigation, Permanent Preventive Detention, And Resisting Injustice, Jules Lobel
Victory Without Success? – The Guantanamo Litigation, Permanent Preventive Detention, And Resisting Injustice, Jules Lobel
Articles
When the Center for Constitutional Rights (CCR) brought the first habeas cases challenging the Executive’s right to detain prisoners in a law free zone at Guantanamo in 2002, almost no legal commentator gave the plaintiffs much chance of succeeding. Yet, two years later in 2004, after losing in both the District Court and Court of Appeals, the Supreme Court in Rasul v. Bush handed CCR a resounding victory. Four years later, the Supreme Court again ruled in CCR’s favor in 2008 in Boumediene v. Bush, holding that the detainees had a constitutional right to habeas and declaring the Congressional …
What Do We Mean By "Judicial Independence"?, Stephen B. Burbank
What Do We Mean By "Judicial Independence"?, Stephen B. Burbank
All Faculty Scholarship
In this article, the author argues that the concept of "judicial independence" has served more as an object of rhetoric than it has of sustained study. He views the scholarly literatures that treat it as ships passing in the night, each subject to weaknesses that reflect the needs and fashions of the discipline, but all tending to ignore courts other than the Supreme Court of the United States. Seeking both greater rigor and greater flexibility than one usually finds in public policy debates about, and in the legal and political science literatures on, judicial independence, the author attributes much of …
Public Benefits And Federal Authorization For Alienage Discrimination By The States, Howard F. Chang
Public Benefits And Federal Authorization For Alienage Discrimination By The States, Howard F. Chang
All Faculty Scholarship
No abstract provided.
The New Etiquette Of Federalism: New York, Printz, And Yeskey, Matthew D. Adler, Seth F. Kreimer
The New Etiquette Of Federalism: New York, Printz, And Yeskey, Matthew D. Adler, Seth F. Kreimer
All Faculty Scholarship
No abstract provided.
Ways To Think About The Unitary Executive: A Comment On Approaches To Government Structure, Michael A. Fitts
Ways To Think About The Unitary Executive: A Comment On Approaches To Government Structure, Michael A. Fitts
All Faculty Scholarship
No abstract provided.
Retaining The Rule Of Law In A Chevron World, Michael A. Fitts
Retaining The Rule Of Law In A Chevron World, Michael A. Fitts
All Faculty Scholarship
No abstract provided.
The Case, Trevett Against Weeden
The Case, Trevett Against Weeden
Library Archive
Wherein the Rights of the People to Trial by Jury, &c. are dated and maintained, and the Legislative, Judiciary and Executive Powers of Government examined and denned.