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Articles 901 - 930 of 1233
Full-Text Articles in Constitutional Law
Deciding The Stop And Frisk Cases: A Look Inside The Supreme Court's Conference, John Q. Barrett
Deciding The Stop And Frisk Cases: A Look Inside The Supreme Court's Conference, John Q. Barrett
Faculty Publications
In our system of constitutional decision-making, the Supreme Court makes law as an institution in its formal written opinions. The Court and its individual members make their official legal marks in the printed pages of the United States Reports. In June 1968, in Terry v. Ohio and Sibron v. New York, the two decisions that approved the constitutionality under the Fourth Amendment of police stop and frisk practices, the Court filled many official pages with rich discussion. Over the ensuing thirty years, these Court and individual opinions have shaped the course of constitutional analysis in our courts and guided the …
The Street Locations: Downtown Cleveland, October 31, 1963, John Q. Barrett
The Street Locations: Downtown Cleveland, October 31, 1963, John Q. Barrett
Faculty Publications
This appendix to Deciding the Stop and Frisk Cases: A Look Inside the Supreme Court’s Conference, 72 St. John’s L. Rev. 749 (1998), consists of a map drawn by Jill Dinneen (SJU Law '99), based on Sanborn maps from the 1950s and 1960s, photographs and eyewitness descriptions of downtown Cleveland then and now; and a key to marked locations on the map.
State Of Ohio V. Richard D. Chilton And State Of Ohio V. John W. Terry: The Suppression Hearing And Trial Transcripts, John Q. Barrett
State Of Ohio V. Richard D. Chilton And State Of Ohio V. John W. Terry: The Suppression Hearing And Trial Transcripts, John Q. Barrett
Faculty Publications
This appendix to Deciding the Stop and Frisk Cases: A Look Inside the Supreme Court’s Conference, 72 St. John’s L. Rev. 749 (1998), includes Biographical Information on the Participants in the Case; and transcripts of the complete pretrial and trial proceedings in the 1964 criminal prosecutions of Richard Chilton and John Terry, arranged by Prof. Barrett to create the organization reflected in the Table of Contents at the beginning of the appendix. Footnotes were added to provide citations and, in a few instances, to clarify the text. Bracketed material was added to correct obvious slips of the tongue or the …
The Execution Of Search Warrants, H. Patrick Furman
The Execution Of Search Warrants, H. Patrick Furman
Publications
No abstract provided.
It Was A Very Good Year - For The Government: The Supreme Court's Major Criminal Rulings Of The 1995-1996 Term, William E. Hellerstein
It Was A Very Good Year - For The Government: The Supreme Court's Major Criminal Rulings Of The 1995-1996 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
Search And Seizure, Court Of Appeals, People V. Quackenbush
Search And Seizure, Court Of Appeals, People V. Quackenbush
Touro Law Review
No abstract provided.
No More Excuses: Closing The Door On The Voluntary Intoxication Defense, 30 J. Marshall L. Rev. 535 (1997), Chad J. Layton
No More Excuses: Closing The Door On The Voluntary Intoxication Defense, 30 J. Marshall L. Rev. 535 (1997), Chad J. Layton
UIC Law Review
No abstract provided.
Intruders At The Death House: Limiting Third-Party Intervention In Executive Clemency, 30 J. Marshall L. Rev. 567 (1997), Daryl M. Schumacher
Intruders At The Death House: Limiting Third-Party Intervention In Executive Clemency, 30 J. Marshall L. Rev. 567 (1997), Daryl M. Schumacher
UIC Law Review
No abstract provided.
The Buck Stops Here: Illinois Criminalizes Support For International Terrorism, 30 J. Marshall L. Rev. 871 (1997), Victoria Meyerov
The Buck Stops Here: Illinois Criminalizes Support For International Terrorism, 30 J. Marshall L. Rev. 871 (1997), Victoria Meyerov
UIC Law Review
No abstract provided.
United States, Puerto Rico, And The Territorial Incorporation Doctrine: Reaching A Century Of Constitutional Authoritarianism, 31 J. Marshall L. Rev. 55 (1997), Gabriel A. Terrasa
United States, Puerto Rico, And The Territorial Incorporation Doctrine: Reaching A Century Of Constitutional Authoritarianism, 31 J. Marshall L. Rev. 55 (1997), Gabriel A. Terrasa
UIC Law Review
No abstract provided.
Feeling Violated: Seventh Circuit Puts The Squeeze On Fourth Amendment Rights Of Bus Travelers, 31 J. Marshall L. Rev. 245 (1997), Andrew J. Purcell
Feeling Violated: Seventh Circuit Puts The Squeeze On Fourth Amendment Rights Of Bus Travelers, 31 J. Marshall L. Rev. 245 (1997), Andrew J. Purcell
UIC Law Review
No abstract provided.
Search And Seizure, Court Of Appeals, People V. Gonzalez
Search And Seizure, Court Of Appeals, People V. Gonzalez
Touro Law Review
No abstract provided.
Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, And The Fiction Of Consent, Guy-Uriel Charles
Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, And The Fiction Of Consent, Guy-Uriel Charles
Faculty Scholarship
The problems of public housing-including crime, drugs, and gun violence- have received an enormous amount of national attention. Much attention has also focused on warrantless searches and consent searches as solutions to these problems. This Note addresses the constitutionality of these proposals and asserts that if the Supreme Court's current Fourth Amendment jurisprudence is taken to its logical extremes, warrantless searches in public housing can be found constitutional. The author argues, however, that such an interpretation fails to strike the proper balance between public need and privacy in the public housing context. The Note concludes by proposing alternative consent-based regimes …
The Age Of Unreason: The Impact Of Reasonableness, Increased Police Force, And Colorblindness On Terry "Stop And Frisk", Omar Saleem
Oklahoma Law Review
No abstract provided.
The Police, Pretextual Investigatory Activity, And The Fourth Amendment: What Hath Whren Wrought, Mark M. Dobson
The Police, Pretextual Investigatory Activity, And The Fourth Amendment: What Hath Whren Wrought, Mark M. Dobson
St. Thomas Law Review
Part II of this article briefly discusses the debate over what was considered pretextual activity in the time before Whren. Part III then analyzes both the facts and resolution of the pretext issue presented in Whren itself. Part IV explores what Wiren means for the future, both in terms of how this decision, when coupled with existing Fourth Amendment precedent enlarges what the police can do; and how two other Fourth Amendment cases which have recently been handed down, may even further expand what the police can do.
Search And Seizure, Supreme Court, Bronx County People V. Williams
Search And Seizure, Supreme Court, Bronx County People V. Williams
Touro Law Review
No abstract provided.
Search And Seizure, Court Of Appeals, People V. Batista
Search And Seizure, Court Of Appeals, People V. Batista
Touro Law Review
No abstract provided.
Condemned By Substance And Process: A Comment On “Doubly Condemned”: Adjustments To The Crime And Punishment Regime In The Late Slavery Period In The British Caribbean Colonies And “Under The Present Mode Of Trial, Improper Verdicts Are Very Often Given”: Criminal Procedure In The Trials Of Slaves In Antebellum Louisiana, Raymond T. Diamond
Cardozo Law Review
The substance of modem criminal law and the procedures through which that law is enforced are a subject of current debate. On the one hand, some call into question the use of criminal sanctions as a means of enforcing schemes of regulation meant to guarantee public welfare. By the same token, violent crime and crime that is otherwise malum in se has caused increasing levels of fear and concomitant calls for more vigorous enforcement of the criminal law. As a result, the rights that protect the accused from intrusions by a potentially tyrannical state and from arbitrary decision making by …
Innocence, Privacy, And Targeting In Fourth Amendment Jurisprudence, Sherry F. Colb
Innocence, Privacy, And Targeting In Fourth Amendment Jurisprudence, Sherry F. Colb
Cornell Law Faculty Publications
No abstract provided.
Criminal Procedure—Good Faith, Big Brother, And You: The United States Supreme Court's Latest Good Faith Exception To The Fourth Amendment Exclusionary Rule. Arizona V. Evans, 115 S. Ct. 1185 (1995)., Elisa Masterson White
Criminal Procedure—Good Faith, Big Brother, And You: The United States Supreme Court's Latest Good Faith Exception To The Fourth Amendment Exclusionary Rule. Arizona V. Evans, 115 S. Ct. 1185 (1995)., Elisa Masterson White
University of Arkansas at Little Rock Law Review
No abstract provided.
The Clipper Chip Proposal: Deciphering The Unfounded Fears That Are Wrongfully Derailing Its Implementation, 29 J. Marshall L. Rev. 475 (1996), Howard S. Dakoff
The Clipper Chip Proposal: Deciphering The Unfounded Fears That Are Wrongfully Derailing Its Implementation, 29 J. Marshall L. Rev. 475 (1996), Howard S. Dakoff
UIC Law Review
No abstract provided.
State Constitutional Jurisprudence: Decision Making At The New York Court Of Appeals, Michael Hutter, Vincent Bonventre, Luke Bierman
State Constitutional Jurisprudence: Decision Making At The New York Court Of Appeals, Michael Hutter, Vincent Bonventre, Luke Bierman
Touro Law Review
No abstract provided.
To Act Or Not? That Is The Question: Self-Incrimination And The Sole Proprietor, Raymond G. Keenan
To Act Or Not? That Is The Question: Self-Incrimination And The Sole Proprietor, Raymond G. Keenan
Touro Law Review
No abstract provided.