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Constitutional interpretation

Constitutional Law

Michigan Law Review

1982

Articles 1 - 3 of 3

Full-Text Articles in Law

Double Jeopardy And Federal Prosecution After State Jury Acquittal, Michigan Law Review Apr 1982

Double Jeopardy And Federal Prosecution After State Jury Acquittal, Michigan Law Review

Michigan Law Review

This Note argues that the rationale of the Supreme Court's post-conviction cases cannot be extended to cases involving jury acquittal and that federal reprosecution after state jury acquittal violates the double jeopardy clause. One can give meaning to the clause, Part Iexplains, only by reference to its underlying constitutional values.Part II suggests that these values, while possibly compatible with federal prosecution after a state conviction, cannot countenance reprosecution after a jury acquittal. Part III proposes that courts determine whether such reprosecution is appropriate by applying the Blockhurger same offense standard: Two offenses are the same unless each requires proof of …


A Critique Of John Hart Ely's Quest For The Ultimate Constitutional Interpretivism Of Representative Democracy, James E. Fleming Mar 1982

A Critique Of John Hart Ely's Quest For The Ultimate Constitutional Interpretivism Of Representative Democracy, James E. Fleming

Michigan Law Review

A Review of Democracy and Distrust: A Theory of Judicial Review by John Hart Ely


The Straight And Narrow Path, Gerald T. Dunne Mar 1982

The Straight And Narrow Path, Gerald T. Dunne

Michigan Law Review

A Review of Democracy and Distrust: A Theory of Judicial Review by John Hart Ely