Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
The New Frontier Of Constitutional Confession Law - The International Arena: Exploring The Admissibility Of Confessions Taken By U.S. Investigators From Non-Americans Abroad, Mark A. Godsey
Faculty Articles and Other Publications
This Article is part two in an ongoing series. Part I, published at 51 DUKE L. J. 1703 (2002), argued that Miranda warnings should not be strictly required when U.S. agents interrogate non-U.S. citizens abroad. This Article picks up where the first left off, and asks the question: "In the absence of Miranda, do any provisions in the Bill of Rights restrict the ability of U.S. agents to obtain confessions from non-Americans abroad?"
The Article begins by examining the back up or default rules to Miranda in the domestic setting. These rules are the "due process involuntary confession rule," which …
Escape From New York: Analyzing The State's Relative Interests In Proscribing The Withdrawal Of Life Support And Physician-Assisted Suicide, Colin Miller
Faculty Publications
This Note argues that states cannot consistently prohibit physician assisted suicide for terminally ill patients while they continue to allow the withdrawal of life support for even non-terminal patients. All of the state interests identified by the Supreme Court in rejecting a right to assisted suicide are implicated to a higher degree by withdrawal of life support. The primary reason for this difference is that withdrawal of life support often involves incompetent patients and surrogate decision making while assisted suicide by definition requires a competent patient choosing to hasten her death.