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Articles 1 - 6 of 6
Full-Text Articles in Law
Conversation With Associate Justice Ruth Bader Ginsburg, Justice Ruth Bader Ginsburg
Conversation With Associate Justice Ruth Bader Ginsburg, Justice Ruth Bader Ginsburg
University of Colorado Law Review
No abstract provided.
Indiana V. Edwards: The Prospect Of A Heightened Competency Standard For Pro Se Defendants, Ashley N. Beck
Indiana V. Edwards: The Prospect Of A Heightened Competency Standard For Pro Se Defendants, Ashley N. Beck
University of Colorado Law Review
The Sixth Amendment to the United States Constitution guarantees a criminal defendant both the right to the assistance of counsel and the right of self-representation. The right of self-representation is deeply ingrained in the Anglo- American system of justice, but so is the requirement that a criminal defendant be tried only if competent to stand trial. In Indiana v. Edwards, the Supreme Court recognized a "gray area" of competency, noting that competency to stand trial with the assistance of counsel may not equate to competency to proceed pro se. In Edwards, the Court held that a trial court retains the …
Random, Suspicionless Searches Of Students' Belongings: A Legal, Empirical, And Normative Analysis, Jason P. Nance
Random, Suspicionless Searches Of Students' Belongings: A Legal, Empirical, And Normative Analysis, Jason P. Nance
University of Colorado Law Review
This Article provides a legal, empirical, and normative analysis of an intrusive search practice used by public school officials to prevent school crime: random, suspicionless searches of students' belongings. First, it argues that these searches are not permitted under the Fourth Amendment unless schools have particularized evidence of a substance abuse or weapons problem. Second, it provides a normative evaluation of strict security measures in schools, especially when they are applied disproportionately to minority students. Third, drawing on recent restricted data from the U.S. Department of Education's School Survey on Crime and Safety, this Article provides empirical findings that raise …
Byron White-Hero And Scholar: Reflections About Punishment, Political Speech, And Public Liability, Justice John Paul Stevens
Byron White-Hero And Scholar: Reflections About Punishment, Political Speech, And Public Liability, Justice John Paul Stevens
University of Colorado Law Review
No abstract provided.
A Picture Is Worth A Thousand Words: The Marketplace Of Ideas And The Constitutionality Of Graphic-Image Cigarette Warning Labels And Other Commercial Disclosure Requirements, Richard F. Lee
University of Colorado Law Review
American cigarette warning labels are lackluster compared to others around the world. To address this inadequacy, the FDA created nine graphic-image cigarette warning labels that were scheduled to appear on all cigarette packages sold in the US beginning in 2012. However, before they debuted, the D.C. Circuit Court of Appeals struck the labels down in R.J. Reynolds Tobacco Co. v. FDA, holding that they constituted compelled commercial speech in violation of the First Amendment. This Note argues that the R.J. Reynolds decision conflicts with the Supreme Court's commercial speech jurisprudence. Historically, the Supreme Court has applied limited First Amendment protection …
Misguided Patent Reform: The Questionable Constitutionality Of First-To-File, Andrew L. Sharp
Misguided Patent Reform: The Questionable Constitutionality Of First-To-File, Andrew L. Sharp
University of Colorado Law Review
American cigarette warning labels are lackluster compared to others around the world. To address this inadequacy, the FDA created nine graphic-image cigarette warning labels that were scheduled to appear on all cigarette packages sold in the US beginning in 2012. However, before they debuted, the D.C. Circuit Court of Appeals struck the labels down in R.J. Reynolds Tobacco Co. v. FDA, holding that they constituted compelled commercial speech in violation of the First Amendment. This Note argues that the R.J. Reynolds decision conflicts with the Supreme Court's commercial speech jurisprudence. Historically, the Supreme Court has applied limited First Amendment protection …