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Articles 361 - 390 of 466
Full-Text Articles in Constitutional Law
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.
Dropping Anchor: Defining A Search In Compliance With Article I, Section 7 Of The Washington State Constitution, Daniel J. Clark
Dropping Anchor: Defining A Search In Compliance With Article I, Section 7 Of The Washington State Constitution, Daniel J. Clark
Seattle University Law Review
Section II examines State v. Myrick itself, including the Washington Supreme Court's path that led to that decision, the facts of the case, its reasoning, and its holding. Section III discusses the reaction to and effects of Myrick, including the seemingly disingenuous and inconsistent cases that have followed Myrick. Section IV outlines a proposal that more precisely defines a search in Washington, discussing the sources of the proposed test, examining how it would help guide Washington courts, and explaining which cases would be decided differently using the proposed standard.
Search And Seizure, Court Of Appeals, People V. Gonzalez
Search And Seizure, Court Of Appeals, People V. Gonzalez
Touro Law Review
No abstract provided.
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 …
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.
The Court And The Changing Constitution: A Discussion, Carl Sividorski, James Gardner, Barry Latzer, Peter Galie
The Court And The Changing Constitution: A Discussion, Carl Sividorski, James Gardner, Barry Latzer, Peter Galie
Touro Law Review
No abstract provided.
The Balance Between Fighting Street Gangs And Adhering To The Constitution In Southern California, D. Cameron Beck, Jr.
The Balance Between Fighting Street Gangs And Adhering To The Constitution In Southern California, D. Cameron Beck, Jr.
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Reply, William J. Stuntz
Reply, William J. Stuntz
Michigan Law Review
A Reply to Louis Michael Seidman's Response
Privacy's Problem And The Law Of Criminal Procedure, William J. Stuntz
Privacy's Problem And The Law Of Criminal Procedure, William J. Stuntz
Michigan Law Review
Part I of this article addresses the connection between privacy-based limits on police authority and substantive limits on government power as a general matter. Part II briefly addresses the effects of that connection on Fourth and Fifth Amendment law, both past and present. Part ID suggests that privacy protection has a deeper problem: it tends to obscure more serious harms that attend police misconduct, harms that flow not from information disclosure but from the police use of force. The upshot is that criminal procedure would be better off with less attention to privacy, at least as privacy is defined in …
Response: The Problems With Privacy's Problem, Louis Michael Seidman
Response: The Problems With Privacy's Problem, Louis Michael Seidman
Michigan Law Review
A Response to William J. Stuntz's "Privacy's Problem and the Law of Criminal Procedure"
The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil
The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil
LLM Theses and Essays
Under the American approach to criminal justice, freedom of the individual is of the utmost importance. The American criminal justice system reflects a distrust of abuse of power and an emphasis on protection of personal freedom. However, the French take a contrary approach; under French law, freedom is achieved through the State. This paper examines the protection of individuals’ rights in American and French criminal procedure. Focus will be given to tracking the police investigatory powers in each country through searches and seizures, and the impact that those powers have on individuals’ rights. This paper will assert that the police …
The Continuing Evolution Of Criminal Constitutional Law In State Courts, S. Carran Daughtrey
The Continuing Evolution Of Criminal Constitutional Law In State Courts, S. Carran Daughtrey
Vanderbilt Law Review
Although early state constitutions were important and ambitious documents for their time, the development of state constitutional law stagnated after the drafting and adoption of the federal constitution., As the doctrine of federalism has resurfaced, however, states have begun to turn to their constitutions to grant more protection for their citizens. The states' criminal constitutional laws have changed significantly and continue to evolve today.
In the 1960s, the Warren Court expanded basic protections for criminal defendants by finding that the Fourteenth Amendment incorporates the Fourth, Fifth, and Sixth Amendments. The Court held that the Eighth Amendment prohibits cruel and unusual …
The Algebra Of Pluralism: Subjective Experience As A Constitutional Variable, Barbara J. Flagg
The Algebra Of Pluralism: Subjective Experience As A Constitutional Variable, Barbara J. Flagg
Vanderbilt Law Review
Adzan Bedonie is a Navajo woman who speaks no English, holds tightly to traditional Navajo beliefs, and lives in a one-room hogan on the wrong side of the line drawn by a federal court to partition Navajo and Hopi lands.' The law that mandates her relocation and thus threatens to sever what for her is a spiritual connection to the land on which she lives offers a potential escape route: Congress provided for a limited number of life estates for older individuals subject to relocation. But Adzan Bedonie, like most elderly Navajo, has not applied for a life estate, because …
Reasonable Expectations Of Privacy And Autonomy In Fourth Amendment Cases: An Empirical Look At "Understandings Recognized And Permitted By Society", Christopher Slobogin, Joseph E. Schumacher
Reasonable Expectations Of Privacy And Autonomy In Fourth Amendment Cases: An Empirical Look At "Understandings Recognized And Permitted By Society", Christopher Slobogin, Joseph E. Schumacher
Vanderbilt Law School Faculty Publications
This Article reports an attempt to investigate empirically important aspects of the Fourth Amendment to the United States Constitution, as construed by the United States Supreme Court. In the course of doing so, it touches upon two other topics. Most directly, it addresses the appropriate scope of the Fourth Amendment. Less directly, it raises questions about the role that empirical research should play in fashioning constitutional rules.
Washington Constitution Article 1, Section 7: The Argument For Broader Protection Against Employer Drug Testing, Ken Davis
Seattle University Law Review
This Comment will analyze Article 1, Section 7 of the Washington Constitution, the search and seizure provision, and conclude that this provision should be construed to provide greater protection to employees against employer drug testing absent individualized suspicion than the Fourth Amendment does. The scope of this Comment, however, is limited to the rights of state employees with respect to suspicionless drug testing. The rights of federal employees are not included in this analysis because they are protected against suspicionless drug testing only by the Fourth Amendment, not by the analogous Washington provision. Moreover, Article 1, Section 7, like the …