Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Admissibility (1)
- Confrontation right (1)
- Constitutional law (1)
- Cross-examination (1)
- Damages (1)
-
- Federal Rules of Evidence (1)
- Firearms (1)
- Forfeiture principle (1)
- Government misconduct (1)
- Gun control (1)
- Guns (1)
- Hearsay (1)
- Injuries (1)
- Legal history (1)
- Militias (1)
- Monroe v. Pape (1)
- Paul v. Davis (1)
- Right to bear arms (1)
- Section 1983 (1)
- State constitutional law (1)
- State constitutions (1)
- Testimony (1)
- United States Supreme Court (1)
- Weapons (1)
- Witnesses (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Bearing Arms In Washington State, Hugh D. Spitzer
Bearing Arms In Washington State, Hugh D. Spitzer
Articles
Article I, Section 24 of the Washington State Constitution directly affects two "hot topics" today: first, the increase in the carrying of weapons by the citizenry (particularly concealed weapons, with or without permits) and, second, the increase in "citizen militias" in various parts of the state. Article I, Section 24 also presents interesting issues from a pure state-constitutional-law standpoint, because it represents one of the striking characteristics of state constitutions: these basic documents of civil society for each state represent centuries of buildup and accretion. State constitutional provisions can often be analyzed in terms of layering. In preparing a state …
Confrontation And The Definition Of Chutzpa, Richard D. Friedman
Confrontation And The Definition Of Chutzpa, Richard D. Friedman
Articles
You may know the standard illustration of chutzpa - the man who kills both his parents and then begs the sentencing court to have mercy on an orphan. In this article, I discuss a case of chutzpa that is nearly as outlandish - the criminal defendant who, having rendered his victim unavailable to testify, contends that evidence of the victim's statement should not be admitted against him because to do so would violate his right to confront her. I contend that in a case like this the defendant should be deemed to have forfeited the confrontation right. On the same …
Emphasizing The Constitutional In Constitutional Torts (Symposium On Section 1983), Christina B. Whitman
Emphasizing The Constitutional In Constitutional Torts (Symposium On Section 1983), Christina B. Whitman
Articles
It has been surprisingly difficult to extricate constitutional litigation from torts. In this Article I would like to resist once more' the idea that tort doctrines and tort categories provide a useful model for constitutional decision-making. When it comes to deciding the merits of a constitutional claim, torts is a distraction. That is the case whether torts serves as a positive model for the constitutional cause of action or as an alternative to be shunned. As part of this argument, I also question the claim2 that Monroe v. Pape,3 the 1961 case that opened the door for damages relief under …