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University of Richmond Law Review

McCleskey v. Kemp

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The Law Professor As Populist, Mark A. Graber Jan 2000

The Law Professor As Populist, Mark A. Graber

University of Richmond Law Review

A new populism is taking root in the strangest soil, American law schools. Tocqueville regarded "the profession of law" as an "aristocratic element," "a sort of privileged body in the scale of intellect." Lawyers, he observed, belonged to "thehighest political class," and routinely developed "some of the tastes and habits of aristocracy." During the 1990s, however, bold challenges to elite rule in the name ofpopular majoritarianism were issued by distinguished professors and chair holders at the most prestigious law schools in the United States. Such leading jurists as Richard Parker, Jack Balkin, Akbil Reed Amar, Sanford Levinson, and Mark Tushnet …


Looking Sideways, Looking Backwards, Looking Forwards: Judicial Review Vs. Democracy In Comparative Perspective, Ran Hirschl Jan 2000

Looking Sideways, Looking Backwards, Looking Forwards: Judicial Review Vs. Democracy In Comparative Perspective, Ran Hirschl

University of Richmond Law Review

For the [past] two centuries, the Constitution [has been] as central to American political culture as the New Testament was to medieval Europe. Just as Milton believed that "all wisdom is enfolded" within the pages of the Bible, all good Americans, from the National Rifle Association to the ACLU, have believed no less of this singular document.


Annual Survey Of Virginia Law: Criminal Procedure, Ronald J. Bacigal Jan 1987

Annual Survey Of Virginia Law: Criminal Procedure, Ronald J. Bacigal

University of Richmond Law Review

In the landmark case of New Jersey v. T.L.O., the United States Supreme Court applied the fourth amendment to searches conducted by public school officials. This past term, in O'Conner v. Ortega, the Court held that the fourth amendment is also applicable to work-related searches conducted by public employers. As in New Jersey v. T.L.O., the Court rejected the probable cause standard in favor of a "reasonableness under all the circumstances" test to determine the constitutionality of such searches. This general "reasonableness" approach was also approved in Maryland v. Garrison, where the Court held that an "objectively understandable and reasonable" …