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Articles 1 - 30 of 56

Full-Text Articles in Law

Yates V. Evatt 111 S. Ct. 1884 (1991) Nov 1991

Yates V. Evatt 111 S. Ct. 1884 (1991)

Capital Defense Journal

No abstract provided.


Mccleskey V. Zant 111 S. Ct. 1454 (1991) Nov 1991

Mccleskey V. Zant 111 S. Ct. 1454 (1991)

Capital Defense Journal

No abstract provided.


Arizona V. Fulminante 111 S. Ct. 1246, (1991) Nov 1991

Arizona V. Fulminante 111 S. Ct. 1246, (1991)

Capital Defense Journal

No abstract provided.


Lankford V. Idaho 111 S. Ct. 1723 (1991) Nov 1991

Lankford V. Idaho 111 S. Ct. 1723 (1991)

Capital Defense Journal

No abstract provided.


Litigating The "Vileness" Factor In Virginia, Victor A. Lago Nov 1991

Litigating The "Vileness" Factor In Virginia, Victor A. Lago

Capital Defense Journal

No abstract provided.


Schad V. Arizona 111 S. Ct. 2491 (1991) Nov 1991

Schad V. Arizona 111 S. Ct. 2491 (1991)

Capital Defense Journal

No abstract provided.


The Virginia Supreme Court And Thirteen Years Of Death Sentence Review, Anne E. Mcinerney Nov 1991

The Virginia Supreme Court And Thirteen Years Of Death Sentence Review, Anne E. Mcinerney

Capital Defense Journal

No abstract provided.


An Interpretive History Of Modern Equal Protection, Michael Klarman Nov 1991

An Interpretive History Of Modern Equal Protection, Michael Klarman

Michigan Law Review

My enterprise here is to write a limited history of modem equal protection - one that will facilitate understanding of the important conceptual shifts that have occurred over time. By "modem" I mean the period following the switch-in-time in 1937 that signaled the demise of the Lochner era. By "limited" I mean an account that falls substantially short of a full-scale history of equal protection, which would, for example, necessarily encompass a good deal of political and social history. My aim here, rather, is to tell a story about the evolution of equal protection as a legal concept; I shall, for ...


Tribe's Judicious Feminism, Anita L. Allen Nov 1991

Tribe's Judicious Feminism, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


Shell V. Mississippi 111 S. Ct. 313, 112 L.Ed.2d 1 (1990) Apr 1991

Shell V. Mississippi 111 S. Ct. 313, 112 L.Ed.2d 1 (1990)

Capital Defense Journal

No abstract provided.


Evans V. Muncie 916 F.2d 163 (1990) Apr 1991

Evans V. Muncie 916 F.2d 163 (1990)

Capital Defense Journal

No abstract provided.


Cage V. Louisiana 111 S. Ct. 328 (1990) Apr 1991

Cage V. Louisiana 111 S. Ct. 328 (1990)

Capital Defense Journal

No abstract provided.


Status Of Supreme Court Case Law Helpful To Capital Defendants, Steven K. Herndon, Ginger M. Jonas Apr 1991

Status Of Supreme Court Case Law Helpful To Capital Defendants, Steven K. Herndon, Ginger M. Jonas

Capital Defense Journal

No abstract provided.


Bassette V. Thompson 915 F.2d 932 (1990) Apr 1991

Bassette V. Thompson 915 F.2d 932 (1990)

Capital Defense Journal

No abstract provided.


Clozza V. Murray 913 F.2d 1092 (1990) Apr 1991

Clozza V. Murray 913 F.2d 1092 (1990)

Capital Defense Journal

No abstract provided.


Getting The Most And Giving The Least From Virginia's "Mental Mitigation Expert" Statute, Helen L. Konrad Apr 1991

Getting The Most And Giving The Least From Virginia's "Mental Mitigation Expert" Statute, Helen L. Konrad

Capital Defense Journal

No abstract provided.


Gaskins V. Mckellar 916 F.2d 941 (1990) Apr 1991

Gaskins V. Mckellar 916 F.2d 941 (1990)

Capital Defense Journal

No abstract provided.


How To Look The Virginia Gift Horse In The Mouth: Federal Due Process And Virginia's Arbitrary Abrogation Of Capital Defendant's State-Created Rights, Otto W. Konrad Apr 1991

How To Look The Virginia Gift Horse In The Mouth: Federal Due Process And Virginia's Arbitrary Abrogation Of Capital Defendant's State-Created Rights, Otto W. Konrad

Capital Defense Journal

No abstract provided.


The Elimination Of Racism From Jury Selection: Challenging The Peremptory Challenge, Robert M. O'Connell Mar 1991

The Elimination Of Racism From Jury Selection: Challenging The Peremptory Challenge, Robert M. O'Connell

Boston College Law Review

No abstract provided.


The First Duty Of Government: Protection, Liberty And The Fourteenth Amendment, Steven J. Heyman Feb 1991

The First Duty Of Government: Protection, Liberty And The Fourteenth Amendment, Steven J. Heyman

All Faculty Scholarship

No abstract provided.


The Constitutionality Of High-Speed Pursuits Under The Fourth And Fourteenth Amendments, Kathryn R. Urbonya Jan 1991

The Constitutionality Of High-Speed Pursuits Under The Fourth And Fourteenth Amendments, Kathryn R. Urbonya

Faculty Publications

No abstract provided.


Section 1983 And The Parratt Doctrine After Zinermon V. Burch: Ensuring Due Process Rights Or Turning The Fourteenth Amendment Into A Font Of Tort Law, Paul F. Wingenfeld Jan 1991

Section 1983 And The Parratt Doctrine After Zinermon V. Burch: Ensuring Due Process Rights Or Turning The Fourteenth Amendment Into A Font Of Tort Law, Paul F. Wingenfeld

Cleveland State Law Review

Over the last thirty years, the Court has decided a number of cases which illustrate an on-going struggle to find the proper place for section 1983 in the federal court system and, consequently, what ultimately qualifies as adequate procedural due process within the context of the statute. This note will examine the history of Court decisions involving section 1983 in order to provide the proper background for examining the Court's most recent decision in Zinermon v. Burch, a case which itself has added to an already confusing field of legal study. Within this historical background, however, the Court has ...


Section 1983 And The Parratt Doctrine After Zinermon V. Burch: Ensuring Due Process Rights Or Turning The Fourteenth Amendment Into A Font Of Tort Law, Paul F. Wingenfeld Jan 1991

Section 1983 And The Parratt Doctrine After Zinermon V. Burch: Ensuring Due Process Rights Or Turning The Fourteenth Amendment Into A Font Of Tort Law, Paul F. Wingenfeld

Cleveland State Law Review

Over the last thirty years, the Court has decided a number of cases which illustrate an on-going struggle to find the proper place for section 1983 in the federal court system and, consequently, what ultimately qualifies as adequate procedural due process within the context of the statute. This note will examine the history of Court decisions involving section 1983 in order to provide the proper background for examining the Court's most recent decision in Zinermon v. Burch, a case which itself has added to an already confusing field of legal study. Within this historical background, however, the Court has ...


Governmental Inaction As A Constitutional Tort: Deshaney And Its Aftermath, Thomas A. Eaton, Michael Wells Jan 1991

Governmental Inaction As A Constitutional Tort: Deshaney And Its Aftermath, Thomas A. Eaton, Michael Wells

Scholarly Works

DeShaney v. Winnebago County Department of Social Services is the Supreme Court's first major effort to define the scope of state and local governments' affirmative obligations under the fourteenth amendment. The Court rejected liability against a county welfare agency and a caseworker for failing to prevent a father from severely beating his four-year-old son. The Court intimated that constitutional affirmative duties exist only where the plaintiff is in the state's custody. Scholarly commentary reads the case as announcing a sweeping prohibition against the imposition of affirmative duties in other contexts. Professors Eaton and Wells demonstrate that the DeShaney ...


Gender Based Peremptory Challenges And The New York State Constitution, Frederick T. Kelsey Jan 1991

Gender Based Peremptory Challenges And The New York State Constitution, Frederick T. Kelsey

Touro Law Review

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


A Comparison Of A Mentally Ill Individual's Right To Refuse Medication Under The United States And The New York State Constitutions, William M. Brooks Jan 1991

A Comparison Of A Mentally Ill Individual's Right To Refuse Medication Under The United States And The New York State Constitutions, William M. Brooks

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.