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Articles 1 - 27 of 27
Full-Text Articles in Law
Foreword, Robbie Hinz, Emma Schuering
Foreword, Robbie Hinz, Emma Schuering
Saint Louis University Public Law Review
No abstract provided.
Penalty And Proportionality In Deportation For Crimes, Maureen Sweeney, Hillary Scholten
Penalty And Proportionality In Deportation For Crimes, Maureen Sweeney, Hillary Scholten
Saint Louis University Public Law Review
No abstract provided.
Taking Plea Bargaining Seriously: Reforming Pre-Sentence Reports After Padilla V. Kentucky, Gabriel J. Chin
Taking Plea Bargaining Seriously: Reforming Pre-Sentence Reports After Padilla V. Kentucky, Gabriel J. Chin
Saint Louis University Public Law Review
No abstract provided.
Introduction, Lynn S. Branham
Introduction, Lynn S. Branham
Saint Louis University Public Law Review
No abstract provided.
Transporting Padilla To Deportation Proceedings: A Due Process Right To The Effective Assistance Of Counsel, Stephen H. Legomsky
Transporting Padilla To Deportation Proceedings: A Due Process Right To The Effective Assistance Of Counsel, Stephen H. Legomsky
Saint Louis University Public Law Review
No abstract provided.
Collateral Consequences After Padilla V. Kentucky: From Punishment To Regulation, Margaret Colgate Love
Collateral Consequences After Padilla V. Kentucky: From Punishment To Regulation, Margaret Colgate Love
Saint Louis University Public Law Review
This Article analyzes the scope of Padilla v. Kentucky, concluding that its logic extends beyond deportation to many other severe and certain consequences of conviction that are imposed by operation of law rather than by the sentencing court. It proposes a set of reforms that would limit the disruptive effect of these so-called “collateral consequences” on the guilty plea process and make a defense lawyer’s job easier. Part I describes a case currently pending in the Pennsylvania Supreme Court that may yield some important clues about how broadly the Padilla doctrine will be applied to status-generated consequences other than …
The Myth Of The Fully Informed Rational Actor, Stephanos Bibas
The Myth Of The Fully Informed Rational Actor, Stephanos Bibas
Saint Louis University Public Law Review
No abstract provided.
Foreword, Lindsey R. Hammitt, Michelle L. Hinkl
Foreword, Lindsey R. Hammitt, Michelle L. Hinkl
Saint Louis University Public Law Review
No abstract provided.
A Prosecutor’S Expanded Responsibilities Under Padilla, Robert M. A. Johnson
A Prosecutor’S Expanded Responsibilities Under Padilla, Robert M. A. Johnson
Saint Louis University Public Law Review
No abstract provided.
The Implications Of Padilla V. Kentucky On Practice In United States District Courts, Judge Robert Pratt
The Implications Of Padilla V. Kentucky On Practice In United States District Courts, Judge Robert Pratt
Saint Louis University Public Law Review
No abstract provided.
Incorporating Collateral Consequences Into Sentencing Guidelines And Recommendations Post-Padilla, Michael A. Wolff
Incorporating Collateral Consequences Into Sentencing Guidelines And Recommendations Post-Padilla, Michael A. Wolff
Saint Louis University Public Law Review
No abstract provided.
“Collateral” No More: The Practical Imperative For Holistic Defense In A Post-Padilla World . . . Or, How To Achieve Consistently Better Results For Clients, Mcgregor Smyth
Saint Louis University Public Law Review
No abstract provided.
Berghuis V. Thompkins: The Supreme Court’S “New” Take On Invocation And Waiver Of The Right To Remain Silent, Emma Schuering
Berghuis V. Thompkins: The Supreme Court’S “New” Take On Invocation And Waiver Of The Right To Remain Silent, Emma Schuering
Saint Louis University Public Law Review
No abstract provided.
The Fourth Amendment And Unwarranted Gps Surveillance: An Analysis Of The D.C. Circuit Court Of Appeals’ Decision In United States V. Maynard, Margaret C. Eveker
The Fourth Amendment And Unwarranted Gps Surveillance: An Analysis Of The D.C. Circuit Court Of Appeals’ Decision In United States V. Maynard, Margaret C. Eveker
Saint Louis University Public Law Review
No abstract provided.
The Potential For State Attorneys General To Promote The Public’S Health: Theory, Evidence, And Practice, Lainie Rutkow, Stephen P. Teret
The Potential For State Attorneys General To Promote The Public’S Health: Theory, Evidence, And Practice, Lainie Rutkow, Stephen P. Teret
Saint Louis University Public Law Review
The Attorneys General of the 50 states have considerable legal authority to protect the public’s health, yet their role in the development of health policy is often under-appreciated or misunderstood. This article analyzes state Attorneys’ General current powers and provides a logic model that illustrates how the use of these powers can lead to the protection and promotion of the public’s health. The article then provides four brief case studies to demonstrate how state Attorneys General have used their varied powers to influence policy-making and benefit the public’s health. In addition, this article offers a roadmap for research that could …
On The Road To Recognition: Irish Travellers’ Quest For Ethnic Identity, Kami Kruckenberg
On The Road To Recognition: Irish Travellers’ Quest For Ethnic Identity, Kami Kruckenberg
Saint Louis University Public Law Review
This paper explores and defends Irish Travellers’ efforts to push the Republic of Ireland to recognize them as an ethnic minority group under law. Irish Travellers are a small indigenous minority group who have lived primarily in Ireland for centuries. They rank at the bottom of Irish society in rates of poverty, unemployment, life expectancy, infant mortality, health, education levels, political representation and access, and living conditions. Much like the Roma, with whom they share a nomadic tradition, Irish Travellers are in the midst of a movement to improve living conditions, fight widespread discrimination, and gain recognition as an ethnic …
The Missing Ingredient: How Oft-Overlooked Modern Conflict Of Laws Principles Will Dictate The Reach Of Same-Sex Marriage In America, Alexander V. Maugeri
The Missing Ingredient: How Oft-Overlooked Modern Conflict Of Laws Principles Will Dictate The Reach Of Same-Sex Marriage In America, Alexander V. Maugeri
Saint Louis University Public Law Review
With the start of same-sex marriage in New York, fifteen U.S. states and the nation’s capital now celebrate a form of homosexual union, whether marriage, civil union or domestic partnership. Litigants and scholars—both in favor of and opposed to these legal statuses—have routinely claimed that in the absence of state-level Defense of Marriage Acts, these relationships must be recognized by other states for the full range of purposes including adoption, health and welfare benefits, taxes, and alimony, unless those states have a public policy to the contrary. They claim this consequence follows because of the long-standing American legal rule that …
Engaging Law Students In Leadership, Faith Rivers James
Engaging Law Students In Leadership, Faith Rivers James
Saint Louis University Public Law Review
The new challenge of legal education is preparing civic-minded lawyers to assume leadership roles in their communities, law firms, the legal profession, and in the public square. Defined as the process of influencing and persuading others to achieve a common purpose, leadership describes the lawyers’ task with individual and organizational clients; considered as a characteristic of people in positions of power, lawyers often assume the mantle of leading organizations. Whether defined as process or position, lawyering involves leadership in the private sector or in the public realm.
This article considers the progressive structure of a comprehensive law and leadership program …
The Analytic Aposteriori And A New Understanding Of Substantive Due Process That Is Exhibited In The Lived Experiences Of Those Seeking To Marry Someone Of The Same Sex, Vincent J. Samar
Saint Louis University Public Law Review
No abstract provided.
The Theoretical Constitutional Shape (And Shaping) Of American National Security Law, Robert F. Blomquist
The Theoretical Constitutional Shape (And Shaping) Of American National Security Law, Robert F. Blomquist
Saint Louis University Public Law Review
In order to fathom the theoretical shape of the American national security constitutional system, and to appreciate how that system should be shaped in the future, it is vital to conceptualize the legal field of American national security law as the interaction of four constitutive dimensions. Initially the factual context involves two overarching general concerns: first, the maintenance of the Nation’s strategic advantage over challengers, competitors, and threats to America’s future; and second, the remarkable strategic responsibility of presidents of the United States to deftly shift from one serious, potentially catastrophic, crisis to the next. The second dimension is the …
What’S Wrong With The Picture? Reviewing Prison Arts In America, Lindsey R. Hammitt
What’S Wrong With The Picture? Reviewing Prison Arts In America, Lindsey R. Hammitt
Saint Louis University Public Law Review
No abstract provided.
Organizing Principles: The Significance Of Card-Check Laws, Rafael Gely, Timothy Chandler
Organizing Principles: The Significance Of Card-Check Laws, Rafael Gely, Timothy Chandler
Saint Louis University Public Law Review
The use of “card checks” as a method of union organizing has recently garnered a lot of attention, much of it surrounding the proposed Employee Free Choice Act. If passed, this legislation would amend the National Labor Relations Act by requiring employers to recognize a union when the employer is presented with evidence of majority support for union recognition via union authorization cards. Although the proposed bill has had difficulty gaining traction in the U.S. Congress, several states have recently passed similar legislation covering state and local public employees. In this article, we compare card-check organizing by public sector employees …
They All Laughed At Christopher Columbus When He Said The World Was Round: The Not-So-Radical And Reasonable Need For A Restorative Justice Model Statute, Christopher D. Lee
They All Laughed At Christopher Columbus When He Said The World Was Round: The Not-So-Radical And Reasonable Need For A Restorative Justice Model Statute, Christopher D. Lee
Saint Louis University Public Law Review
No abstract provided.