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Full-Text Articles in Law

The Role Of Oral Argument At The U.S. Supreme Court-- A View From The Podium, Arthur R. Landever Jul 1983

The Role Of Oral Argument At The U.S. Supreme Court-- A View From The Podium, Arthur R. Landever

Law Faculty Articles and Essays

This article has offered survey results of the attitudes of lawyers who have made oral arguments at the U.S. Supreme Court. Respondents generally approve of the current process, find the justices relatively well prepared, and the questions generally useful. At the same time, they express some uncertainty about whether the oral argument phase had any impact in their particular cases. By and large, they take as a given, the important function of oral argument as a supplement to the written brief.


The Flag Salute Cases And The First Amendment, Stephen W. Gard Jan 1983

The Flag Salute Cases And The First Amendment, Stephen W. Gard

Law Faculty Articles and Essays

The flag salute cases have been a source of endless fascination for legal and historical scholars. Most of this large body of scholarship has focused on the apparent oddity of Justice Frankfurter's view that there was no constitutional infirmity in the "petty tyranny" of a governmental requirement that school children engage in a hypocritical affirmation of belief. Unfortunately, the doctrinal importance of the opinions of Justices Jackson and Frankfurter in the flag salute cases as contrasting statements on the interpretation of the freedom of speech guarantee of the first amendment and the function of the judiciary in preserving our most …


Chaining The Leviathan: The Unconstitutionality Of Executing Those Convicted Of Treason, James G. Wilson Jan 1983

Chaining The Leviathan: The Unconstitutionality Of Executing Those Convicted Of Treason, James G. Wilson

Law Faculty Articles and Essays

This article focuses on two words: executing traitors. We have a good idea of what the first word means, even if we repress the sordid details of the actual dying. Treason, however, is a word notable both for its ambiguity and for the powerful emotions it evokes, emotions found in such equally potent words as betrayal, war and defeat. As will be seen, by limiting the crime to two types of actions and by requiring unique procedural protections, the drafters of the Constitution balanced the country's need for protection from treason against their fear that a future administration might instigate …


The Ambush Interview: A False Light Invasion Of Privacy, Kevin F. O'Neill Jan 1983

The Ambush Interview: A False Light Invasion Of Privacy, Kevin F. O'Neill

Law Faculty Articles and Essays

The ''ambush" interview is a controversial investigative reporting technique permeating both national and local television news programming. In the typical ambush interview, a reporter and his news crew intercept an unsuspecting newsworthy subject on the street and bombard him with incriminating accusations ostensibly framed as questions. The ambush interviewee inevitably appears guilty before the viewing audience. This is due to a variety of forces, including the subject's severe credibility disadvantage and the accusatory nature of the reporter's questions. This Note applies a false light invasion of privacy analysis to the ambush technique and examines the nexus between the technique and …


Islamic Law In American Courts, David F. Forte Jan 1983

Islamic Law In American Courts, David F. Forte

Law Faculty Articles and Essays

Nonetheless, the common law judge remains constrained by his own system of adjudication. Not only does he apply the law, he also states it. Yet, he becomes hesitant when he is asked to apply an asserted principle of Islamic law unless he is certain that it truly represents the accepted view and is not some imaginative interpretation. Thus, in interpreting Islamic law, the American judge is more reluctant than a qadi would be in choosing between opposing casuistical arguments in the same kind of case. Ironically, the American judge is also far more restrained in a case involving Islamic law …


Western Law And Communist Dictatorship, David F. Forte Jan 1983

Western Law And Communist Dictatorship, David F. Forte

Law Faculty Articles and Essays

To erect an order that can withstand such an attack, all appropriate and legitimate legal resources should be employed. First, individual acts of terror, by whomsoever committed, should be punished, first of all, by municipal criminal legislation. This municipal law should be strengthened by conventions and treaties requiring prosecution or extradition. Second, in addition to individual culpability fastened on soldiers who commit acts of terror, all legitimate responses in international law should be employed by and against the responsible state, including protest, diplomacy, and disciplinary mechanisms. Where the responsible state actually sponsors such actions, retorsion and reprisal should be considered, …