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Full-Text Articles in Law
1983, Brandon Hasbrouck
1983, Brandon Hasbrouck
Scholarly Articles
This Piece embraces a fictional narrative to illustrate deep flaws in our legal system. It borrows its basic structure and a few choice lines from George Orwell’s classic novel Nineteen Eighty-Four. Like Orwell’s novel, it is set in the not-too-distant future to comment on problems already emerging in the present. The footnotes largely provide examples of some of those problems and how courts have treated them in a constitutional law context. The title (itself quite close to Orwell’s own title) is a reference to our chief civil rights statute, while the story deals with a critical threat to that …
The Unconstitutional Police, Brandon Hasbrouck
The Unconstitutional Police, Brandon Hasbrouck
Scholarly Articles
Most Fourth Amendment cases arise under a basic fact pattern. Police decide to do something--say, stop and frisk a suspect. They find some crime--say, a gun or drugs--they arrest the suspect, and the suspect is subsequently charged with a crime. The suspect--who is all too often Black--becomes a defendant and challenges the police officers' initial decision as unconstitutional under the Fourth Amendment. The defendant seeks to suppress the evidence against them or perhaps to recover damages for serious injuries under 42 U.S.C. § 1983. The courts subsequently constitutionalize the police officers' initial decision with little or no scrutiny. Effectively, the …
A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla
A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla
Scholarly Articles
Not available.
Thornburg V. Gingles, Lewis F. Powell Jr.
Thornburg V. Gingles, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Alexander V. Choate, Lewis F. Powell Jr
Alexander V. Choate, Lewis F. Powell Jr
Supreme Court Case Files
No abstract provided.
Davis V. Scherer, Lewis F. Powell Jr.
Review Of Owen Fiss, The Civil Rights Injunction, Doug Rendleman
Review Of Owen Fiss, The Civil Rights Injunction, Doug Rendleman
Scholarly Articles
None available
Columbus Board Of Education V. Penick, Lewis F. Powell Jr.
Columbus Board Of Education V. Penick, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Santa Clara Pueblo V. Martinez, Lewis F. Powell Jr.
Santa Clara Pueblo V. Martinez, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Chapters Of The Civil Jury, Doug Rendleman
Chapters Of The Civil Jury, Doug Rendleman
Scholarly Articles
The civil jury, though constitutionally protected by the seventh amendment, has remained a controversial institution throughout much of Anglo-American legal history. Our romantic ideals are questioned by critics who view the civil jury as prejudiced and unpredictable; proponents note the sense of fairness and "earthy wisdom" gained by community participation in the legal process. This debate surfaces in the process of accommodation between certain substantive goals of the law and the pre-verdict and post-verdict procedural devices courts have employed to control the jury. In this article, Professor Rendleman examines this conflict in his three "chapters" involving racially motivated discharges of …