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Full-Text Articles in Law

Constitutional Privileging, Michael Coenen Jun 2013

Constitutional Privileging, Michael Coenen

Journal Articles

“Constitutional privileging” occurs when courts treat the constitutional status of a legal claim as a reason to afford it specialized procedural or remedial treatment — in effect providing to that claim a greater degree of judicial care and attention than its nonconstitutional counterparts receive. Though seldom scrutinized by courts and commentators, this practice occurs within a variety of doctrinal settings. For example, a stricter standard of harmless error review governs constitutional claims; district court findings of facts (and mixed findings) are subject to a stricter form of appellate review in constitutional cases; collateral relief from federal court judgments is more …


Checking The Dhs: Constitutional And Subconstitutional Approaches To Resolving Whether Noncitizens In Removal Proceedings Can Obtain Effective Judicial Review Of Naturalization Decisions, Michael Castle Miller Jan 2013

Checking The Dhs: Constitutional And Subconstitutional Approaches To Resolving Whether Noncitizens In Removal Proceedings Can Obtain Effective Judicial Review Of Naturalization Decisions, Michael Castle Miller

American University Law Review

No abstract provided.


American Terrorists As Perpetrators Of Communitarian Assaults, Amitai Etzioni Jan 2013

American Terrorists As Perpetrators Of Communitarian Assaults, Amitai Etzioni

American University International Law Review

No abstract provided.


The Illusory Eighth Amendment, John F. Stinneford Jan 2013

The Illusory Eighth Amendment, John F. Stinneford

American University Law Review

No abstract provided.


The Questionable Constitutionality Of Mechanical Restraints In The Classroom: A Critique Of The Tenth Circuit's Decision In Ebonie S. V. Pueblo School District No. 60, Ifeanyi Ezeigbo Jan 2013

The Questionable Constitutionality Of Mechanical Restraints In The Classroom: A Critique Of The Tenth Circuit's Decision In Ebonie S. V. Pueblo School District No. 60, Ifeanyi Ezeigbo

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Importance Of An Expansive Deference To Miller V. Alabama, Alexander L. Nostro Jan 2013

The Importance Of An Expansive Deference To Miller V. Alabama, Alexander L. Nostro

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The American Death Penalty: Constitutional Regulation As The Distinctive Feature Of American Exceptionalism, Jordan M. Steiker Jan 2013

The American Death Penalty: Constitutional Regulation As The Distinctive Feature Of American Exceptionalism, Jordan M. Steiker

University of Miami Law Review

No abstract provided.