Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 4 of 4

Full-Text Articles in Law

Freedom From Incarceration: Why Is This Right Different From All Other Rights?, Sherry F. Colb Nov 1994

Freedom From Incarceration: Why Is This Right Different From All Other Rights?, Sherry F. Colb

Cornell Law Faculty Publications

American constitutional jurisprudence has long accepted the notion that the exercise of certain rights can only be restricted by the government if the restriction satisfies strict scrutiny. The Supreme Court has identified such rights as fundamental often by relying on an expansive interpretation of the word "liberty" in the due process clause of the fourteenth amendment. In this Article, Professor Colb argues that the Supreme Court has failed to recognize the right to physical liberty itself as a fundamental right. She demonstrates that at present conduct that is not itself constitutionally protected may serve as the basis for imprisonment even …


The Case Of A Lifetime, Richard C. Reuben Apr 1994

The Case Of A Lifetime, Richard C. Reuben

Faculty Publications

There is great difficulty in defining pro bono lawyering. The classic model is the practitioner who devotes time to representing a client in a civil or criminal matter. But some consider other legal relationships pro bono as well, such as service on the boards of directors of nonprofit organizations, legal work at reduced fees, and activities that improve the law and legal profession. In the case of organizations such as the ACLU and the NAACP LDF, pro bono means a mixture of much of the above, as public interest law firms work hand in hand with private lawyers and firms …


Punitive Damages--Developments In Section 1983 Cases, Eileen Kaufman, Martin A. Schwartz Jan 1994

Punitive Damages--Developments In Section 1983 Cases, Eileen Kaufman, Martin A. Schwartz

Scholarly Works

No abstract provided.


The Constitutionality Of Enjoining Criminal Street Gangs As Public Nuisances, Christopher S. Yoo Jan 1994

The Constitutionality Of Enjoining Criminal Street Gangs As Public Nuisances, Christopher S. Yoo

All Faculty Scholarship

California jurisdictions have increasingly used injunctions to combat the growth criminal street gangs. The use of civil sanctions to redress criminal activity raises difficult constitutional questions, potentially creating personal criminal codes that may infringe upon defendants’ substantive constitutional rights. In addition, employing civil remedies may deprive defendants of constitutional procedural protections that would have been provided if the jurisdiction had elected to deter the same behavior with available criminal sanctions. Although the use of injunctions places pressure on a number of substantive constitutional rights, including the freedom of association, freedom of expression, right to travel, the injunction terms will likely …