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Articles 31 - 60 of 74
Full-Text Articles in Law
The Costs Of Abusing Probationary Sentences: Overincarceration And The Erosion Of Due Process, Andrew Horwitz
The Costs Of Abusing Probationary Sentences: Overincarceration And The Erosion Of Due Process, Andrew Horwitz
Law Faculty Scholarship
No abstract provided.
Equitable Balancing In The Age Of Statutes, Jared Goldstein
Equitable Balancing In The Age Of Statutes, Jared Goldstein
Law Faculty Scholarship
No abstract provided.
Money As Simulacrum: The Legal Nature And Reality Of Money, John J. Chung
Money As Simulacrum: The Legal Nature And Reality Of Money, John J. Chung
Law Faculty Scholarship
No abstract provided.
German Equal Protection: Substantive Review Of Economic Measures, Edward J. Eberle
German Equal Protection: Substantive Review Of Economic Measures, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
The German Idea Of Freedom, Edward J. Eberle
The German Idea Of Freedom, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Equality In Germany And The United States, Edward J. Eberle
Equality In Germany And The United States, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Heller And Insurrectionism, Carl Bogus
Habeas Without Rights, Jared A. Goldstein
Habeas Without Rights, Jared A. Goldstein
Law Faculty Scholarship
For almost six years, the habeas corpus petitions brought by foreign detainees held by the United States at Guantanamo Bay, Cuba, have stalled because the courts have struggled to answer a single question: whether the detainees possess enforceable rights. Although that question remains unresolved, the courts have uniformly concluded that the Guantanamo habeas claims, as well as the habeas claims brought by other accused enemy combatants, require a showing that the detainees possess cognizable rights violated by the detentions, most especially constitutional rights. This Article argues that the courts have been asking the wrong question and that habeas relief does …
Art As Speech, Edward J. Eberle
Civil Due Process, Criminal Due Process, Niki Kuckes
Civil Due Process, Criminal Due Process, Niki Kuckes
Law Faculty Scholarship
No abstract provided.
The Military Commissions Act, Coerced Confessions, And The Role Of The Courts, Peter Margulies
The Military Commissions Act, Coerced Confessions, And The Role Of The Courts, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Democratic Prosecutor: Explaining The Constitutional Function Of The Federal Grand Jury, Niki Kuckes
The Democratic Prosecutor: Explaining The Constitutional Function Of The Federal Grand Jury, Niki Kuckes
Law Faculty Scholarship
No abstract provided.
Beyond Absolutism: Legal Institutions In The War On Terror, Peter Margulies
Beyond Absolutism: Legal Institutions In The War On Terror, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Religion In The Classroom In Germany And The United States, Edward J. Eberle
Religion In The Classroom In Germany And The United States, Edward J. Eberle
Law Faculty Scholarship
In this Article, Professor Eberle evaluates the relationship of religion in the classroom in Germany and the United States, as formulated by the countries' highest courts, the German Constitutional Court and the United States Supreme Court Pursuant to the German model of church-state cooperation, public finds are channeled to religious organizations, such as, for example, using the machinery of the state to rise and disperse tax monies to religious organizations. Religious groups may then use the tax monies collected to support religious education in the public schools. However, pursuant to guidelines announced by the German Constitutional Court, teaching of religious …
The View Outside: What Kind Of Expression For Adolescents Outside The United States?, Edward J. Eberle
The View Outside: What Kind Of Expression For Adolescents Outside The United States?, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Roger Williams On Liberty Of Conscience, Edward J. Eberle
Roger Williams On Liberty Of Conscience, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Is There A "Religious Question" Doctrine?: Judicial Authority To Examine Religious Practices And Beliefs, Jared Goldstein
Is There A "Religious Question" Doctrine?: Judicial Authority To Examine Religious Practices And Beliefs, Jared Goldstein
Law Faculty Scholarship
No abstract provided.
Comparison To Criminal Sanctions In The Constitutional Review Of Punitive Damages, Colleen P. Murphy
Comparison To Criminal Sanctions In The Constitutional Review Of Punitive Damages, Colleen P. Murphy
Law Faculty Scholarship
No abstract provided.
Cross Burning, Hate Speech, And Free Speech In America, Edward J. Eberle
Cross Burning, Hate Speech, And Free Speech In America, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Another Of Roger William's Gifts: Women's Right To Liberty Of Conscience: Joshua Verin V. Providence Plantations, Edward J. Eberle
Another Of Roger William's Gifts: Women's Right To Liberty Of Conscience: Joshua Verin V. Providence Plantations, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
The Right To Counsel In Criminal Cases: The Law And The Reality In Rhode Island District Court, Andrew Horwitz
The Right To Counsel In Criminal Cases: The Law And The Reality In Rhode Island District Court, Andrew Horwitz
Law Faculty Scholarship
No abstract provided.
Lawrence V. Texas: Evolution Of Constitutional Doctrine, Diana Hassel
Lawrence V. Texas: Evolution Of Constitutional Doctrine, Diana Hassel
Law Faculty Scholarship
No abstract provided.
Judging Terror In The "Zone Of Twilight" Exigency, Institutional Equity, And Procedure After September 11, Peter Margulies
Judging Terror In The "Zone Of Twilight" Exigency, Institutional Equity, And Procedure After September 11, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Use Of Prior Convictions After Apprendi, Colleen P. Murphy
The Use Of Prior Convictions After Apprendi, Colleen P. Murphy
Law Faculty Scholarship
No abstract provided.
Free Exercise Of Religion In Germany And The United States, Edward J. Eberle
Free Exercise Of Religion In Germany And The United States, Edward J. Eberle
Law Faculty Scholarship
In this Article, Professor Edward Eberle provides a comparative overview of constitutional safeguards affecting religious freedom in Germany and the United States. Specifically the author analyzes the German and American approaches to the free exercise of religion within their respective constitutional systems. The result is an illuminating exposition that provides much insight for comparative and constitutional scholars.
In the years following the Second World War, religious freedoms in Germany developed along similar, individualist paths to those found in the United States Constitution. However, unlike the Constitution, the Basic Law's provisions touching on religious liberty are detailed and quite elaborate and …
The Battle For Separation Of Powers In Rhode Island, Carl Bogus
The Battle For Separation Of Powers In Rhode Island, Carl Bogus
Law Faculty Scholarship
No abstract provided.
The Useful, Dangerous Fiction Of Grand Jury Independence, Niki Kuckes
The Useful, Dangerous Fiction Of Grand Jury Independence, Niki Kuckes
Law Faculty Scholarship
No abstract provided.
Delusions Of Grand Juries, Niki Kuckes
Misclassifying Monetary Restitution, Colleen P. Murphy
Misclassifying Monetary Restitution, Colleen P. Murphy
Law Faculty Scholarship
No abstract provided.
Reviewing Congressionally Created Remedies For Excessiveness, Colleen P. Murphy
Reviewing Congressionally Created Remedies For Excessiveness, Colleen P. Murphy
Law Faculty Scholarship
No abstract provided.