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Full-Text Articles in Law
Do State Legislatures Have A Role In Resolving The "Just Compensation" Dilemna? Some Lessons From Public Choice And Positive Political Theory, Marilyn F. Drees
Do State Legislatures Have A Role In Resolving The "Just Compensation" Dilemna? Some Lessons From Public Choice And Positive Political Theory, Marilyn F. Drees
Fordham Law Review
No abstract provided.
Dual Sovereignty And The Double Jeopardy Clause: If At First You Don't Convict, Try, Try, Again , Robert Matz
Dual Sovereignty And The Double Jeopardy Clause: If At First You Don't Convict, Try, Try, Again , Robert Matz
Fordham Urban Law Journal
This Note argues that the application of the dual sovereignty doctrine to cases involving successive state and federal prosecutions, where the initial prosecution resulted in an acquittal, violates the Double Jeopardy Clause of the Fifth Amendment. Part I discusses the rationale for the prohibition against double jeopardy and the principle of dual sovereignty. Part II outlines the Supreme Court jurisprudence regarding successive prosecutions brought by independent sovereigns. Part III reviews the arguments against applying the dual sovereignty doctrine in the context of successive prosecutions where the initial prosecution resulted in an acquittal and proposes that the Supreme Court reconsider the …
Between A Rock And A Hurd Place: Protecting The Criminal Defendant's Right To Testify After Her Testimony Has Been Hypnotically Refreshed, Antonia F. Giuliana
Between A Rock And A Hurd Place: Protecting The Criminal Defendant's Right To Testify After Her Testimony Has Been Hypnotically Refreshed, Antonia F. Giuliana
Fordham Law Review
No abstract provided.