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Articles 1 - 17 of 17

Full-Text Articles in Law

Starr, Singleton, And The Prosecutor's Role, David Sklansky Dec 2015

Starr, Singleton, And The Prosecutor's Role, David Sklansky

David A Sklansky

This article discusses the lessons contained in States v. Singleton and the system that has been adopted for investigating and prosecuting high executive officers. After describing Singleton and the tumult it triggered in Part I of this Article, Part II returns to the Starr Referral and poses a question that may at first seem idle: what distinguishes Starr's promises to Lewinsky in exchange for her testimony from the efforts he charges the President made to help find her a job? Part III of the Article broadens the focus. It argues there has been a general failure to think rigorously about …


The Private Police, David Sklansky Dec 2015

The Private Police, David Sklansky

David A Sklansky

No abstract provided.


Some Cautious Optimism About The Problem Of Racial Profiling, David Sklansky Dec 2015

Some Cautious Optimism About The Problem Of Racial Profiling, David Sklansky

David A Sklansky

No abstract provided.


Cocaine, Race, And Equal Protection, David Sklansky Dec 2015

Cocaine, Race, And Equal Protection, David Sklansky

David A Sklansky

No abstract provided.


Postscript On Katz And Stonewall: Evidence From Justice Stewart's First Draft, A, David Sklansky Dec 2015

Postscript On Katz And Stonewall: Evidence From Justice Stewart's First Draft, A, David Sklansky

David A Sklansky

The article analyzes the case, Katz v. United States. It evaluates the court's decision to the said case involving the Fourth Amendment. It argues that the case helped to end the practice of the Fourth Amendment. It presents the evidence from the first draft by Justice Potter Stewart consisting of the court's opinion in the case of Katz.


The Fourth Amendment And Common Law, David Sklansky Dec 2015

The Fourth Amendment And Common Law, David Sklansky

David A Sklansky

No abstract provided.


Confined, Crammed, And Inextricable: What The Wire Gets Rights, David Sklansky Dec 2015

Confined, Crammed, And Inextricable: What The Wire Gets Rights, David Sklansky

David A Sklansky

No abstract provided.


Crime, Immigration, And Ad Hoc Instrumentalism, David Sklansky Dec 2015

Crime, Immigration, And Ad Hoc Instrumentalism, David Sklansky

David A Sklansky

No abstract provided.


Back To The Future: Kyllo, Katz, And Common Law, David Sklansky Dec 2015

Back To The Future: Kyllo, Katz, And Common Law, David Sklansky

David A Sklansky

No abstract provided.


Not Your Father's Police Department: Making Sense Of The New Demographics Of Law Enforcement, David Sklansky Dec 2015

Not Your Father's Police Department: Making Sense Of The New Demographics Of Law Enforcement, David Sklansky

David A Sklansky

No abstract provided.


Proposition 187 And The Ghost Of James Bradley Thayer, David Sklansky Dec 2015

Proposition 187 And The Ghost Of James Bradley Thayer, David Sklansky

David A Sklansky

No abstract provided.


One Train May Hide Another: Katz, Stonewall, And The Secret Subtext Of Criminal Procedure, David Sklansky Dec 2015

One Train May Hide Another: Katz, Stonewall, And The Secret Subtext Of Criminal Procedure, David Sklansky

David A Sklansky

No abstract provided.


Traffic Stops, Minority Motorists, And The Future Of The Fourth Amendment, David Sklansky Dec 2015

Traffic Stops, Minority Motorists, And The Future Of The Fourth Amendment, David Sklansky

David A Sklansky

No abstract provided.


Comparative Law Without Leaving Home: What Civil Procedure Can Teach Criminal Procedure, And Vice Versa, David Sklansky, Stephen Yeazell Dec 2015

Comparative Law Without Leaving Home: What Civil Procedure Can Teach Criminal Procedure, And Vice Versa, David Sklansky, Stephen Yeazell

David A Sklansky

No abstract provided.


Foreword, David Sklansky Dec 2015

Foreword, David Sklansky

David A Sklansky

No abstract provided.


Quasi-Affirmative Rights In Constitutional Criminal Procedure, David Sklansky Dec 2015

Quasi-Affirmative Rights In Constitutional Criminal Procedure, David Sklansky

David A Sklansky

No abstract provided.


Anti-Inquisitorialism, David Sklansky Dec 2015

Anti-Inquisitorialism, David Sklansky

David A Sklansky

A broad and enduring theme of Atherican jurisprudence treats the Continental, inquisitorial system of criminal procedure as epitomizing what our system is not; avoiding inquisitorialism has long been thought a core commitment of our legal heritage. This Article examines the various roles that anti-inquisitorialism has played and continues to play in shaping our criminal process, and then it assesses the attractiveness of anti-inquisitorialism as a guiding principle of American law. The Article begins by describing four particularly striking examples of anti-inquisitorialism at work: the Supreme Court's recent reinterpretation of the Confrontation Clause; the Court's invalidation of mandatory sentencing schemes that …