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Full-Text Articles in Law
Judicial Selection As . . . Talk Radio, Michael J. Gerhardt
Judicial Selection As . . . Talk Radio, Michael J. Gerhardt
University of Richmond Law Review
No abstract provided.
Revenge Of Mullaney V. Wilbur: United States V. Booker And The Reassertion Of Judicial Limits On Legislative Power To Define Crimes, The, Ian Weinstein
Faculty Scholarship
This article offers a historically grounded account of the twists and turns in the Supreme Court's sentencing jurisprudence from the end of World War II to the Court's stunning rejection of the Federal Sentencing Guidelines. The doctrinal shifts that have roiled this area of the law can best be understood as the Court's effort to respond to the changing political and social landscape of crime in America. In the mid 1970's, legislative activity in the criminal law was largely focused on Model Penal Code influenced recodification. In that era, the Supreme Court took power from an ascendant judiciary and gave …
The Fourth Amendment And Terrorism, John Burkoff
The Fourth Amendment And Terrorism, John Burkoff
Articles
The important questions we need to ask and to answer B in the perilous times in which we live B is whether the Fourth Amendment applies in the same fashion not just to run of the mill criminals, but also to terrorists and suspected terrorists, individuals who are committing or who have committed B or who may be poised to commit B acts aimed at the destruction of extremely large numbers of people? Professor Burkoff argues that we can protect ourselves from cataclysmic threats of this sort and still maintain a fair and objective application of Fourth Amendment doctrine that …
Polluting Environment, Polluted Constitution: Is A 'Polluted' Constitution Worse Than A Polluted Environment?, Shubhankar Dam (Co-Author)
Polluting Environment, Polluted Constitution: Is A 'Polluted' Constitution Worse Than A Polluted Environment?, Shubhankar Dam (Co-Author)
Shubhankar Dam
The Indian Supreme Court has been praised as one of the most socially active courts in the world, especially so in the environmental field. Yet it is arguable that many of the benefits claimed for judicial involvement are far from real. Three phases of activism are identified. In the 1970s, the Court developed the concept of environmental rights based on ensuring that the directive principles of state policy and the fundamental right to life contained the Constitution worked in mutual support. This was followed by a period when the Court extended liability principles. The most recent and most controversial phase …
Vineet Narain V Union Of India: A Court Of Law And Not Justice: Is The Indian Supreme Court Bound By The Indian Constitution, Shubhankar Dam
Vineet Narain V Union Of India: A Court Of Law And Not Justice: Is The Indian Supreme Court Bound By The Indian Constitution, Shubhankar Dam
Shubhankar Dam
The last twenty five years are an “impressive” chronicle of the Indian Supreme Court in action. Its novel functioning has changed the internal dynamics of Indian polity in a manner unknown to constitutional democracies. From an institution entrusted with the task of adjudicating disputes between parties, the Indian Supreme Court has transformed itself into an institution enjoined to promote the ideals of a socio-economic and political justice. Its prior role as an “adjudicator” has undergone a reappraisal. The judges therein are no more adjudicators but activists, energetically contributing to the accomplishment of India's constitutional vision. In this new creation, they …