Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Constitutional Law (2)
- Capital punishment (1)
- Claiborne hardware (1)
- Comparative Law (1)
- Criminal Law and Procedure (1)
-
- Criminal justice (1)
- Criminal law (1)
- Criminal procedure (1)
- Death penalty (1)
- Federalism (1)
- First amendment (1)
- Freedom of speech (1)
- Innocence Protection Act (1)
- Jake Baker (1)
- Legal History (1)
- Legal Theory (1)
- Legislation (1)
- Nuremberg Files (1)
- Sentencing (1)
- Threats (1)
- U.S. Congress (1)
- Watts (1)
Articles 1 - 9 of 9
Full-Text Articles in Law
Freedom Of Speech And True Threats, Jennifer E. Rothman
Freedom Of Speech And True Threats, Jennifer E. Rothman
All Faculty Scholarship
This article proposes a new test for determining what is a true threat - speech not protected by the First Amendment. Despite the importance of the true threats exception to the First Amendment, this is an underexplored area of constitutional law.
Even though the Supreme Court has made clear that true threats are punishable, it has not clearly defined what speech constitutes a true threat. To make this determination circuit courts have adopted inconsistent and inadequate tests including a reasonable listener test. The Supreme Court has never granted certiorari to resolve the issue.
The law surrounding threats has gained recent …
Innocence Protection Act: Death Penalty Reform On The Horizon, Ronald Weich
Innocence Protection Act: Death Penalty Reform On The Horizon, Ronald Weich
All Faculty Scholarship
The criminal justice pendulum may be swinging back in the direction of fairness. The Innocence Protection Act of 2001, introduced in both the Senate and the House of Representatives earlier this year, promises meaningful reforms in the administration of capital punishment in the United States.
Unlike previous slabs at reform, the Innocence Protection Act (lPA) has a real chance to become law because it commands unusually broad bipartisan support. The Senate bill (S. 486) is sponsored by Democrat Pat Leahy of Vermont and Republican Gordon Smith of Oregon. The House bill (H.R. 912) is sponsored by Democrat Bill Delahunt of …
"Touchy" "Feely" -- Is There A Constitutional Difference? The Constitutionality Of "Prepping" A Passenger's Luggage For A Human Or Canine Sniff After Bond V. United States, David S. Rudstein
"Touchy" "Feely" -- Is There A Constitutional Difference? The Constitutionality Of "Prepping" A Passenger's Luggage For A Human Or Canine Sniff After Bond V. United States, David S. Rudstein
All Faculty Scholarship
No abstract provided.
Judging Judging: The Problem Of Second-Guessing State Judges' Interpretation Of State Law In Bush V. Gore, Harold J. Krent
Judging Judging: The Problem Of Second-Guessing State Judges' Interpretation Of State Law In Bush V. Gore, Harold J. Krent
All Faculty Scholarship
No abstract provided.
The Gfp (Green) Bunny: Reflections On The Intersection Of Art, Science And The First Amendment, Sheldon Nahmod
The Gfp (Green) Bunny: Reflections On The Intersection Of Art, Science And The First Amendment, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
Law Enforcement By Stereotypes And Serendipity: Racial Profiling And Stops And Searches Without Cause, David Rudovsky
Law Enforcement By Stereotypes And Serendipity: Racial Profiling And Stops And Searches Without Cause, David Rudovsky
All Faculty Scholarship
No abstract provided.
"A Common Fate Of Discrimination": Race-Gender Analogies In Legal And Historical Perspective, Serena Mayeri
"A Common Fate Of Discrimination": Race-Gender Analogies In Legal And Historical Perspective, Serena Mayeri
All Faculty Scholarship
No abstract provided.
What's So Special About American Law?, William Ewald
What's So Special About American Law?, William Ewald
All Faculty Scholarship
No abstract provided.
Givings, Abraham Bell, Gideon Parchomovsky
Givings, Abraham Bell, Gideon Parchomovsky
All Faculty Scholarship
Givings - government acts that enhance property value - are omnipresent. Givings and takings are mirror images of one another, and of equal practical and theoretical importance, but the Takings Clause of the Fifth Amendment has enabled takings to dominate scholarly attention. This Article makes the first step toward rectifying this disparate treatment by laying the foundation for a law of givings. The Article identifies three prototype givings: physical givings, regulatory givings and derivative givings. The Article shows that givings are a formative force in property, and that a comprehensive takings jurisprudence cannot be devised without an attendant understanding of …