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Articles 1 - 8 of 8
Full-Text Articles in Law
Lessons From The Past: Revenge Yesterday And Today Symposium, Tamar Frankel
Lessons From The Past: Revenge Yesterday And Today Symposium, Tamar Frankel
Faculty Scholarship
Professor Seipp's Paper transports us to the Middle Ages to discover a society that views crime and tort quite differently from the way we view these categories today. Yet our discovery of that society offers a perspective about our own. In Professor Seipp's world the victim of a wrong had a choice: demand revenge by determining how the wrongdoer would be punished, or demand monetary compensation. These two entitlements were mutually exclusive. The victim could choose either one, but to some extent, especially in earlier times, the right of revenge was considered a higher right that the victim was expected …
Studying Deck Chairs On The Titanic, William L. Reynolds, William M. Richman
Studying Deck Chairs On The Titanic, William L. Reynolds, William M. Richman
Faculty Scholarship
No abstract provided.
Elitism, Expediency, And The New Certiorari: Requiem For The Learned Hand Tradition, William M. Richman, William L. Reynolds
Elitism, Expediency, And The New Certiorari: Requiem For The Learned Hand Tradition, William M. Richman, William L. Reynolds
Faculty Scholarship
No abstract provided.
“The Image We See Is Our Own”: Defending The Jury’S Territory At The Heart Of The Democratic Process, Lisa Kern Griffin
“The Image We See Is Our Own”: Defending The Jury’S Territory At The Heart Of The Democratic Process, Lisa Kern Griffin
Faculty Scholarship
reviewing Jeffrey B. Abramson, We the Jury (1994) and Stephen J. Adler, The Jury (1994))
Federal Evidentiary Hearings Under The New Habeas Corpus Statute, Larry Yackle
Federal Evidentiary Hearings Under The New Habeas Corpus Statute, Larry Yackle
Faculty Scholarship
Constitutional claims invariably turn on the underlying historical facts. In order to adjudicate claims presented in habeas corpus petitions, accordingly, the federal courts must somehow ascertain the facts. In some instances, the factual record can be augmented via discovery or expansion of the record under the federal habeas corpus rules.' Otherwise, disputed factual issues typically must be determined on the basis of previous litigation in state court or in independent federal evidentiary hearings.
Federal Use Of State Institutions In The Administration Of Criminal Justice, Paul D. Carrington
Federal Use Of State Institutions In The Administration Of Criminal Justice, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Text, Purpose And Facts: The Relationship Between Cercla Sections 107 And 113, William D. Araiza
Text, Purpose And Facts: The Relationship Between Cercla Sections 107 And 113, William D. Araiza
Faculty Scholarship
No abstract provided.
Tragic Irony Of American Federalism: National Sovereignty Versus State Sovereignty In Slavery And In Freedom, The Federalism In The 21st Century: Historical Perspectives, Robert J. Kaczorowski
Tragic Irony Of American Federalism: National Sovereignty Versus State Sovereignty In Slavery And In Freedom, The Federalism In The 21st Century: Historical Perspectives, Robert J. Kaczorowski
Faculty Scholarship
A plurality on the Supreme Court seeks to establish a state-sovereignty based theory of federalism that imposes sharp limitations on Congress's legislative powers. Using history as authority, they admonish a return to the constitutional "first principles" of the Founders. These "first principles," in their view, attribute all governmental authority to "the consent of the people of each individual state, not the consent of the undifferentiated people of the Nation as a whole." Because the people of each state are the source of all governmental power, they maintain, "where the Constitution is silent about the exercise of a particular power-that is, …