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Duquesne Law Review

Journal

2005

Articles 31 - 43 of 43

Full-Text Articles in Law

Table Of Contents, Volume 44, Number 1, Fall 2005 Jan 2005

Table Of Contents, Volume 44, Number 1, Fall 2005

Duquesne Law Review

No abstract provided.


Introduction, Robert S. Barker Jan 2005

Introduction, Robert S. Barker

Duquesne Law Review

No abstract provided.


Comparativism And Federalism, Kirk W. Junker Jan 2005

Comparativism And Federalism, Kirk W. Junker

Duquesne Law Review

No abstract provided.


In Defense Of Transjudicialism, Darlene S. Wood Jan 2005

In Defense Of Transjudicialism, Darlene S. Wood

Duquesne Law Review

No abstract provided.


Preventing The Erosion Of Sixth Amendment Protections: Defining The Jury's Role Under The Federal Sentencing Guidelines: United States V. Booker, Hollyce L. Winters Jan 2005

Preventing The Erosion Of Sixth Amendment Protections: Defining The Jury's Role Under The Federal Sentencing Guidelines: United States V. Booker, Hollyce L. Winters

Duquesne Law Review

The Supreme Court held that, as originally written, the Federal Sentencing Guidelines required judges to impose enhanced sentences based on judicial fact-finding that exceeded the statutory maximum supported by a jury verdict in violation of the criminal defendant's Sixth Amendment rights. The Supreme Court applied a remedy that made the Federal Sentencing Guidelines advisory rather than mandatory.

United States v. Booker, 125 S. Ct. 738 (2005).


Federalism In Canada, John D. Richard Jan 2005

Federalism In Canada, John D. Richard

Duquesne Law Review

No abstract provided.


The Presence Of The Federal System In Mexico, Jose Gamas-Torruco Jan 2005

The Presence Of The Federal System In Mexico, Jose Gamas-Torruco

Duquesne Law Review

No abstract provided.


The Eighth Amendment's Proscription Against Cruel And Unusual Punishments Requires A Categorical Rejection Of The Death Penalty As Imposed On Juvenile Offenders Under The Age Of Eighteen: Roper V. Simmons, Catherine B. Pober Jan 2005

The Eighth Amendment's Proscription Against Cruel And Unusual Punishments Requires A Categorical Rejection Of The Death Penalty As Imposed On Juvenile Offenders Under The Age Of Eighteen: Roper V. Simmons, Catherine B. Pober

Duquesne Law Review

The Supreme Court of the United States held that the Eighth and Fourteenth Amendments prohibit the execution of individuals who were under eighteen years of age at the time of their capital crimes.

Roper v. Simmons, 125 S. Ct. 1183 (2005).


With Liberty And Justice For All?: The War On Terror And The Controversial Separation Of Powers Between The Millitary's Authority To Detain "Enemy Combatants" Vis-À-Vis The Judiciary's Duty To Review The Legality Of All Executive Detentions, Michael J. Crossey Jr. Jan 2005

With Liberty And Justice For All?: The War On Terror And The Controversial Separation Of Powers Between The Millitary's Authority To Detain "Enemy Combatants" Vis-À-Vis The Judiciary's Duty To Review The Legality Of All Executive Detentions, Michael J. Crossey Jr.

Duquesne Law Review

No abstract provided.


Contemplating Brazilian Federalism: Reflections On The Promise Of Liberty, Bruce A. Antkowiak Jan 2005

Contemplating Brazilian Federalism: Reflections On The Promise Of Liberty, Bruce A. Antkowiak

Duquesne Law Review

No abstract provided.


Federalism And The Allocation Of Sovereignty Beyond The State In The European Union, Ronald A. Brand Jan 2005

Federalism And The Allocation Of Sovereignty Beyond The State In The European Union, Ronald A. Brand

Duquesne Law Review

No abstract provided.


A Parent With Primary Custody Of The Couple's Children May Be Ordered To Pay Child Support To A Parent With Partial Custody Under Pennsylvania Law: Colonna V. Colonna, Jill Lipman Jan 2005

A Parent With Primary Custody Of The Couple's Children May Be Ordered To Pay Child Support To A Parent With Partial Custody Under Pennsylvania Law: Colonna V. Colonna, Jill Lipman

Duquesne Law Review

The Pennsylvania Supreme Court held that the Pennsylvania Rules of Civil Procedure do not prohibit the non-custodial parent from collecting child support from the custodial parent:

Colonna v. Colonna, 885 A.2d 649 (Pa. 2004).


Federalism In The Federal Republic Of Germany And The European Union, Peter J. Tettinger Jan 2005

Federalism In The Federal Republic Of Germany And The European Union, Peter J. Tettinger

Duquesne Law Review

No abstract provided.