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Full-Text Articles in Law
State Constitutionalism: State-Court Deference Or Dissonance?, Arthur Leavens
State Constitutionalism: State-Court Deference Or Dissonance?, Arthur Leavens
Faculty Scholarship
This Article focuses on the debate concerning state constitutional expansion of criminal-procedure protections. It examines two such rights: (1) the protection against unreasonable searches and seizures; and (2) the right to the assistance of counsel in defending a criminal case. Each of these rights is embodied in both the federal and most, if not all, state constitutions. Each right is thus doubly applicable to the states, first, through the federal version by virtue of its incorporation into the Fourteenth Amendment’s due process protection and, second, through the state constitution’s version of the cognate right. So focused, the question is, what …
Double-Edged Paring Knives: Human Rights Dilemmas For Special Populations, Giovanna Shay
Double-Edged Paring Knives: Human Rights Dilemmas For Special Populations, Giovanna Shay
Faculty Scholarship
The United States makes up only 5 percent of the world's population, but it incarcerates 25 percent of the globe's prisoners. This unprecedented level of incarceration has brought increased attention to the problems of particular subsets of prisoners sometimes called "special populations." These groups include female prisoners; lesbian, gay, bisexual, transgender (LGBT), and questioning inmates; older prisoners; and prisoners with mental illness and physical disabilities. This Article discusses human rights dilemmas in the treatment of special populations in prison.
The Article surveys ABA Standards and Resolutions that bear on special populations. While ABA Standards do not have the force of …