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Articles 2581 - 2610 of 3077
Full-Text Articles in Constitutional Law
Prohibition Against Use Of State Money For Private Undertaking
Prohibition Against Use Of State Money For Private Undertaking
Touro Law Review
No abstract provided.
The Exigent Circumstances Exception To The Warrant Requirement, H. Patrick Furman
The Exigent Circumstances Exception To The Warrant Requirement, H. Patrick Furman
Publications
No abstract provided.
The Exclusionary Rule And Confession Evidence: Some Perspectives On Evolving Practices And Policies In The United States And England And Wales, Mark Berger
Faculty Works
No abstract provided.
Review Of Affirmative Action After Metro Broadcasting V. Fcc: The Solution Almost Nobody Wanted, Douglas O. Linder
Review Of Affirmative Action After Metro Broadcasting V. Fcc: The Solution Almost Nobody Wanted, Douglas O. Linder
Faculty Works
No abstract provided.
Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Dooley
Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Dooley
Scholarly Works
Winford L. Stokes, Jr. and Theodore C. Harris had much in common. Both were death-row inmates in the late 1980s. Both were convicted of murder following bifurcated jury trials in which they later alleged that they had not received effective assistance of counsel as required by the federal Constitution. Both inmates sought collateral review of their convictions in federal courts. The similarities between them end there. Because Stokes had procedurally defaulted on his federal constitutional claim in state court under the law of Missouri, the federal appeals court refused to consider the merits of his federal constitutional claim.' Harris, on …
Habeas Corpus, Qualified Immunity, And Crystal Balls: Predicting The Course Of Constitutional Law, Kit Kinports
Habeas Corpus, Qualified Immunity, And Crystal Balls: Predicting The Course Of Constitutional Law, Kit Kinports
Faculty Scholarship
After describing the basic legal and policy issues surrounding the qualified immunity defense and the use of novelty to explain procedural defaults in habeas cases, Part I of this article advocates a standard for both types of cases that asks whether a person exercising reasonable diligence in the same circumstances would have been aware of the relevant constitutional principles. With this standard in mind, Part II examines the qualified immunity defense in detail, concluding that in many cases public officials are given immunity even though they unreasonably failed to recognize the constitutional implications of their conduct. Part III compares the …
Waiver Of Rights In The Interrogation Room: The Court's Dilemma, William T. Pizzi
Waiver Of Rights In The Interrogation Room: The Court's Dilemma, William T. Pizzi
Publications
No abstract provided.
Confessions And The Right To Silence In Japan, Daniel H. Foote
Confessions And The Right To Silence In Japan, Daniel H. Foote
Articles
In several highly-publicized recent cases in Japan, individuals convicted of murder and sentenced to death were acquitted in retrials obtained after decades on death row. These so-called "death penalty retrial cases'" generated great controversy and considerable reflection about the criminal justice system in Japan. A central, substantive issue presented by these cases relates to the procurement and use of confessions; each of these cases-and several other major recent Japanese cases in which defendants have been acquitted following bitterly contested trials-turned on the validity of repudiated confessions.
Consequently, much recent commentary has focussed on conf essions and related issues. Not surprisingly, …
The Constitutionality Of High-Speed Pursuits Under The Fourth And Fourteenth Amendments, Kathryn R. Urbonya
The Constitutionality Of High-Speed Pursuits Under The Fourth And Fourteenth Amendments, Kathryn R. Urbonya
Faculty Publications
No abstract provided.
The Self-Incrimination Debate, Mark Berger
Speaking And Writing Against Hate, Martha Minow
Speaking And Writing Against Hate, Martha Minow
Cardozo Law Review
No abstract provided.
The Truth About Massiah, James J. Tomkovicz
The Truth About Massiah, James J. Tomkovicz
University of Michigan Journal of Law Reform
First, the Article will summarize the Justice Department's discussion of the Massiah right to counsel and the exclusion of evidence under Massiah. Next, it will evaluate the nature of the Report and the character of legal scholarship. Finally, it will explore the substantive debate over Massiah. In that section, the Article will point out the matters on which the DOJ and I agree, will attempt to frame the fundamental questions raised by the Massiah doctrine, and will investigate potential sources of answers to those constitutional questions. Ultimately, it will provide the answers that I prefer, explaining the premises …
Gideon V. Wainwright Revisited: What Does The Right To Counsel Guarantee Today? Foreword, Michael B. Mushlin
Gideon V. Wainwright Revisited: What Does The Right To Counsel Guarantee Today? Foreword, Michael B. Mushlin
Pace Law Review
No abstract provided.
Stanford V. Kentucky: The Minimum Age For The Maximum Penalty - Death, 23 J. Marshall L. Rev. 453 (1990), Alison R. Faltersack
Stanford V. Kentucky: The Minimum Age For The Maximum Penalty - Death, 23 J. Marshall L. Rev. 453 (1990), Alison R. Faltersack
UIC Law Review
No abstract provided.
Caplin & Drysdale, Chartered V. United States: Supreme Court Approves Attorney Fee Foreiture, 23 J. Marshall L. Rev. 471 (1990), Stephen M. Kightlinger
Caplin & Drysdale, Chartered V. United States: Supreme Court Approves Attorney Fee Foreiture, 23 J. Marshall L. Rev. 471 (1990), Stephen M. Kightlinger
UIC Law Review
No abstract provided.