Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Publication
- Publication Type
Articles 1 - 10 of 10
Full-Text Articles in Law
On A Collision Course: Pure Propensity Evidence And Due Process In Alaska, Drew D. Dropkin, James H. Mccomas
On A Collision Course: Pure Propensity Evidence And Due Process In Alaska, Drew D. Dropkin, James H. Mccomas
Alaska Law Review
No abstract provided.
The Legal Subject In Exile, Kathryn Abrams
J. Mcintyre Machinery, Ltd. V. Nicastro: The Stream-Of-Commerce Theory Of Personal Jurisdiction In A Globalized Economy, Elisabeth A. Beal
J. Mcintyre Machinery, Ltd. V. Nicastro: The Stream-Of-Commerce Theory Of Personal Jurisdiction In A Globalized Economy, Elisabeth A. Beal
University of Miami Law Review
No abstract provided.
Federalism And The Double Standard Of Judicial Review, Lynn A. Baker, Ernest A. Young
Federalism And The Double Standard Of Judicial Review, Lynn A. Baker, Ernest A. Young
Duke Law Journal
From 1937 to 1995, federalism was part of a “Constitution in exile.” Except for the brief interlude of the National League of Cities doctrine2—which, like Napoleon’s ill-fated return from Elba, met with crushing defeat3—the post–New Deal Supreme Court has been almost completely unwilling to enforce constitutional limits on national power vis-à-vis the states. The reason, by all accounts, has much to do with federalism’s historic link to other aspects of our expatriate constitution—e.g., economic substantive due process, legislative nondelegation— which were banished for their collusion against the New Deal.
Shooting Blanks: The Supreme Court's Flawed Analysis In Mcdonald V. City Of Chicago, Emily Horowitz
Shooting Blanks: The Supreme Court's Flawed Analysis In Mcdonald V. City Of Chicago, Emily Horowitz
University of Miami Law Review
No abstract provided.
The Constitutionality Of Dna Sampling On Arrest, D. H. Kaye
The Constitutionality Of Dna Sampling On Arrest, D. H. Kaye
Cornell Journal of Law and Public Policy
No abstract provided.
So You Want To Ban Mountaintop Mining--You May Have To Put Your Money Where Your Mouth Is, Stephanie René Timmermeyer
So You Want To Ban Mountaintop Mining--You May Have To Put Your Money Where Your Mouth Is, Stephanie René Timmermeyer
West Virginia Law Review
No abstract provided.
Mapp After Forty Years: Its Impact On Race In America, Lewis R. Katz
Mapp After Forty Years: Its Impact On Race In America, Lewis R. Katz
Case Western Reserve Law Review
No abstract provided.
The "Third Option": Extending The Lesser Included Offense Doctrine To The Non-Capital Context, Deanna Hall
The "Third Option": Extending The Lesser Included Offense Doctrine To The Non-Capital Context, Deanna Hall
Hofstra Law Review
No abstract provided.
Essential Elements, Nancy J. King, Susan Riva Klein
Essential Elements, Nancy J. King, Susan Riva Klein
Vanderbilt Law School Faculty Publications
The Court has struggled for well over a century with the issue of who has final authority to define what is a "crime" for purposes of applying procedural protections guaranteed by the Constitution in criminal cases. Just as labeling an action "civil" may allow the government to circumvent constitutional criminal procedure entirely, so labeling a fact an "affirmative defense" or a "sentencing factor" instead of an element of the offense may allow the government to escape constitutional criminal procedure selectively, bypassing the burden of proof, pleading, and jury requirements that would otherwise apply to an offense element. In its decision …