Law Commons^™

Criminal Procedure—Miranda Warnings—Waiver Of Right To Counsel At Polygraph Test, Scott J. Lancaster

University of Arkansas at Little Rock Law Review

No abstract provided.

Equity, Due Process And The Seventh Amendment: A Commentary On The Zenith Case, Patrick Devlin

Michigan Law Review

The seventh amendment to the United States Constitution requires that "[i]n Suits at common law . . . the right of trial by jury shall be preserved." What exactly is a suit at common law? When the amendment was enacted in 1791, there was no law that was common to all the states. In 1812 Supreme Court Justice Story, in a Circuit Court ruling, held that the common law alluded to was the common law of England, "the grand reservoir of all of our jurisprudence." This means that when today an American judge has to decide whether in any set …

Constitutional Law—Due Process—Arkansas' Sunday Closing Law Is Declared Unconstitutionally Vague, Charles L. Kennon Iii

University of Arkansas at Little Rock Law Review

No abstract provided.

How Are You Going To Keep Them Down On The (Collective) Farm After They’Ve Seen Chicago?: A Minor’S Right To Political Asylum Against His Parents’ Wishes, Michael G. Hillinger

Faculty Publications

“Children’s rights” is a nebulous phrase subsuming two very different issues: the extent to which children can assert the same rights against the state as adults, and the extent to which the state can limit a parent’s power over his child. In cases involving the issue of children’s rights , the Supreme Court has defined those rights in a relatively restrictive fashion. On the one hand, the Supreme Court has recognized that children have constitutional rights independent of those enjoyed by their parents. On the other hand, it has frequently held those rights to be either less than those afforded …

Recent Decisions, Robert L. Morgan, Sybil C. Peyer

Vanderbilt Journal of Transnational Law

TREATY ON THE EXECUTION OF PENAL SENTENCES--Federal Court is not Precluded from Using Mexican Conviction as Evidence of Prior Conduct in Enhancing Subsequent Sentence, United States v. Fleishman, 684 F.2d1329 (9th Cir. 1982).

The instant decision examines for the first time two significant issues surrounding the repatriation of United States prisoners from Mexico under TEPS: the legality of prisoner challenges to the collateral effects of a Mexican conviction and the use of a Mexican conviction to enhance a subsequent sentence. By refusing to extend the Rosado holding to preclude "collateral effects" challenges, the instant court wisely recognized the importance of …

A Synopsis Of The Federal Juvenile Delinquency Act., William S. Sessions, Faye M. Bracey

St. Mary's Law Journal

The Juvenile Justice and Delinquency Prevention Act of 1974 (Act) was passed by the United States Congress on September 7, 1974. The Act amended the Federal Juvenile Delinquency Act (FJDA) which had been virtually unchanged since its enactment in 1938. The Act sets up a procedural framework for the treatment of minors who are within the jurisdictional reach of a federal court due to the commission of an act which contradicts a federal criminal statute. With a thorough understanding of the original FJDA and its amendments, benefits, required procedures, and a juvenile’s constitutional rights, counsel for a juvenile offender in …

Asylum Adjudication: Some Due Process Implications Of Proposed Immigration Legislation, John A. Scanlan

Articles by Maurer Faculty

No abstract provided.