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Articles 1 - 13 of 13
Full-Text Articles in Law
Separation Of Powers Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making, R. Randall Kelso
Separation Of Powers Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making, R. Randall Kelso
Pepperdine Law Review
No abstract provided.
The Supreme Court's Most Extraordinary Term - Introduction, Douglas W. Kmiec
The Supreme Court's Most Extraordinary Term - Introduction, Douglas W. Kmiec
Pepperdine Law Review
No abstract provided.
Hypothetical Jurisdiction And Interjurisdictional Preclusion: A "Comity" Of Errors, Ely Todd Chayet
Hypothetical Jurisdiction And Interjurisdictional Preclusion: A "Comity" Of Errors, Ely Todd Chayet
Pepperdine Law Review
No abstract provided.
The Absentee Post-Conviction Constitutional Safeguards – People V. Zowaski, Danielle M. Hansen
The Absentee Post-Conviction Constitutional Safeguards – People V. Zowaski, Danielle M. Hansen
Touro Law Review
No abstract provided.
United States V. Klein, Then And Now, Gordon G. Young
United States V. Klein, Then And Now, Gordon G. Young
Gordon G. Young
United States v. Klein, decided during Reconstruction, was the first Supreme Court case to invalidate a statutory restriction on federal courts’ jurisdiction. It is the only one to do so by finding a violation of Article III of the Constitution. Klein has been cited in thirty-three United States Supreme Court opinions, and roughly five hundred times each by lower federal courts and law journal articles. Recent commentators have read Klein both too broadly and narrowly. Its central holding is that Congress may not grant federal courts jurisdiction to decide a set of cases on the merits while depriving them …
Modern Odysseus Or Classic Fraud - Fourteen Years In Prison For Civil Contempt Without A Jury Trial, Judicial Power Without Limitation, And An Examination Of The Failure Of Due Process, Mitchell J. Frank
Faculty Scholarship
No abstract provided.
University Of Baltimore Symposium Report: Debut Of “The Matthew Fogg Symposia On The Vitality Of Stare Decisis In America”, Zena D. Crenshaw-Logal
University Of Baltimore Symposium Report: Debut Of “The Matthew Fogg Symposia On The Vitality Of Stare Decisis In America”, Zena D. Crenshaw-Logal
Zena Denise Crenshaw-Logal
On the first of each two day symposium of the Fogg symposia, lawyers representing NGOs in the civil rights, judicial reform, and whistleblower advocacy fields are to share relevant work of featured legal scholars in lay terms; relate the underlying principles to real life cases; and propose appropriate reform efforts. Four (4) of the scholars spend the next day relating their featured articles to views on the vitality of stare decisis. Specifically, the combined panels of public interest attorneys and law professors consider whether compliance with the doctrine is reasonably assured in America given the: 1. considerable discretion vested in …
"Bad Juror" Lists And The Prosecutor's Duty To Disclose, Ira Robbins
"Bad Juror" Lists And The Prosecutor's Duty To Disclose, Ira Robbins
Articles in Law Reviews & Other Academic Journals
Prosecutors sometimes use what are known as "bad juror" lists to exclude particular citizens from jury service. Not only does this practice interfere with an open and fair jury-selection process, thus implicating a defendant's right to be tried by a jury of his or her peers, but it also violates potential jurors' rights to serve in this important capacity. But who is on these lists? And is a prosecutor required to disclose the lists to defense counsel? These questions have largely gone unnoticed by legal analysts. This Article addresses the prosecutor's duty to disclose bad-juror lists. It reviews the federal …
California Supreme Court To Decide Whether Ecstasy Is A Controlled Substance After The Court Of Appeal Struggles With Statutory Construction And "Common Sense", Kevin P. Chapman
California Supreme Court To Decide Whether Ecstasy Is A Controlled Substance After The Court Of Appeal Struggles With Statutory Construction And "Common Sense", Kevin P. Chapman
Kevin P. Chapman
California is one of only four states whose drug laws do not specifically include the chemical compound that creates the club drug 'Ecstasy.' This omission has caused a great deal of confusion in the trial court about what evidence is necessary to prove that Ecstasy is an illegal drug.
This confusion has spilled over into the Court of Appeal. In two cases decided less than two months apart, two separate panels of the Court of Appeal arrived at completely opposite constructions of the same statute – allowing one defendant to go free while the other was sent to county jail …
New Paths For The Court: Protections Afforded Juveniles Under Miranda; Effective Assistance Of Counsel; And Habeas Corpus Decisions Of The Supreme Court’S 2010/2011 Term, Richard Klein
Touro Law Review
No abstract provided.
Massachusetts Firearms Prosecutions In The Wake Of Melendez-Diaz, Kevin P. Chapman
Massachusetts Firearms Prosecutions In The Wake Of Melendez-Diaz, Kevin P. Chapman
Kevin P. Chapman
The Supreme Court ruling in Melendez-Diaz fundamentally changed the way that firearms offenses are prosecuted in Massachusetts. This paper presents the history of firearms prosecutions and the current state of the law, and it raises several unanswered questions that could further change the nature of future firearms prosecutions.
Washington Was Right: The Supreme Court Could Have Intervened To Interpret French Treaties, Kevin P. Chapman
Washington Was Right: The Supreme Court Could Have Intervened To Interpret French Treaties, Kevin P. Chapman
Kevin P. Chapman
In the early days of his presidency, George Washington faced his first international crisis when French Ambassador Genet demanded that the United States honor its treaty obligations and provide support to the new French Republic in its ongoing war with Great Britain. Concerned about the legal effect that the French Revolution had on the viability of these obligations, Washington asked the Supreme Court to render an opinion. Chief Justice John Jay replied that the Constitution did not authorize the Supreme Court to render advisory opinions.
If Jay was correct, why did Washington, who presided over the very convention that produced …
"Bad Juror" Lists And The Prosecutor's Duty To Disclose, Ira P. Robbins
"Bad Juror" Lists And The Prosecutor's Duty To Disclose, Ira P. Robbins
Ira P. Robbins