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Articles 481 - 510 of 535
Full-Text Articles in Fourteenth Amendment
Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz
Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz
Touro Law Review
No abstract provided.
Colorado V. Connelly: The Gratuitous Union Of Voluntariness And State Coercion, 21 J. Marshall L. Rev. 199 (1987), James P. Byrne Jr.
Colorado V. Connelly: The Gratuitous Union Of Voluntariness And State Coercion, 21 J. Marshall L. Rev. 199 (1987), James P. Byrne Jr.
UIC Law Review
No abstract provided.
Citizen's Arrests And The Fourth Amendment--A Fresh Perspective, Howard E. Wallin
Citizen's Arrests And The Fourth Amendment--A Fresh Perspective, Howard E. Wallin
Touro Law Review
No abstract provided.
The Salerno Challenge To The Bail Reform Act Of 1984, Aba Heiman
The Salerno Challenge To The Bail Reform Act Of 1984, Aba Heiman
Touro Law Review
No abstract provided.
Colorado V. Connelly, Lewis F. Powell Jr.
Colorado V. Connelly, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Black Innocence And The White Jury, Sheri Johnson
Black Innocence And The White Jury, Sheri Johnson
Cornell Law Faculty Publications
Racial prejudice has come under increasingly close scrutiny during the past thirty years, yet its influence on the decisionmaking of criminal juries remains largely hidden from judicial and critical examination. In this Article, Professor Johnson takes a close look at this neglected area. She first sets forth a large body of social science research that reveals a widespread tendency among whites to convict black defendants in instances in which white defendants would be acquitted. Next, she argues that none of the existing techniques for eliminating the influence of racial bias on criminal trials adequately protects minority-race defendants. She contends that …
Death At Any Cost: A Critique Of The Supreme Court's Recent Retreat From Its Death Penalty Standards, William S. Geimer
Death At Any Cost: A Critique Of The Supreme Court's Recent Retreat From Its Death Penalty Standards, William S. Geimer
Florida State University Law Review
No abstract provided.
Black Innocence And The White Jury, Sheri Lynn Johnson
Black Innocence And The White Jury, Sheri Lynn Johnson
Michigan Law Review
Racial prejudice has come under increasingly close scrutiny during the past thirty years, yet its influence on the decisionmaking of criminal juries remains largely hidden from judicial and critical examination. In this Article, Professor Johnson takes a close look at this neglected area. She first sets forth a large body of social science research that reveals a widespread tendency among whites to convict black defendants in instances in which white defendants would be acquitted. Next, she argues that none of the existing techniques for eliminating the influence of racial bias on criminal trials adequately protects minority-race defendants. She contends that …
Federal Court Reform Of State Criminal Justice Systems: A Reassessment Of The Younger Doctrine From A Modern Perspective, Donald H. Zeigler
Federal Court Reform Of State Criminal Justice Systems: A Reassessment Of The Younger Doctrine From A Modern Perspective, Donald H. Zeigler
Articles & Chapters
The Supreme Court in its 1971 decision of Younger v. Harris prohibited federal court intervention in pending state criminal proceedings in the absence of special circumstances. This Article examines the Younger doctrine from a modern perspective and argues for its abolition. The Article shows that abstention in cases seeking reform of state criminal justice systems is inconsistent with federal court activism in other areas. It argues that state judges are not entitled to greater deference by federal courts than other state officials. It then explains why federal injunctive relief is essential to achieve systemic reform of state criminal justice. Finally, …
Ake V. Oklaboma, Lewis F. Powell Jr.
Black V. Romano, Lewis F. Powell, Jr.
New Hearsay Exceptions For A Child's Statement Of Sexual Abuse, 18 J. Marshall L. Rev. 1 (1984), Glen Skoler
New Hearsay Exceptions For A Child's Statement Of Sexual Abuse, 18 J. Marshall L. Rev. 1 (1984), Glen Skoler
UIC Law Review
No abstract provided.
Race And The Decision To Detain A Suspect, Sheri Johnson
Race And The Decision To Detain A Suspect, Sheri Johnson
Cornell Law Faculty Publications
No abstract provided.
Schall V. Martin, Lewis F. Powell, Jr.
A Reassessment Of The Younger Doctrine In Light Of The Legislative History Of Reconstruction, Donald H. Zeigler
A Reassessment Of The Younger Doctrine In Light Of The Legislative History Of Reconstruction, Donald H. Zeigler
Articles & Chapters
Recently the Supreme Court extended the doctrine of Younger v. Harris to preclude federal court reform of state criminal and civil justice systems. In this article, Professor Zeigler argues that Younger and its progeny directly contravene the intent of the Reconstruction Congresses that adopted the fourteenth amendment and enacted numerous pieces of enforcement legislation. His research demonstrates that these Congresses intended the federal courts to be the primary enforcer of Reconstruction reform measures. Professor Ziegler concludes that the federal courts are neglecting their duty to enforce constitutional safeguards in state justice systems.
Constitutional Constraints On The Admissibility Of Grand Jury Testimony: The Unavailable Witness, Confrontation, And Due Process, Barbara L. Strack
Constitutional Constraints On The Admissibility Of Grand Jury Testimony: The Unavailable Witness, Confrontation, And Due Process, Barbara L. Strack
University of Michigan Journal of Law Reform
Defendants, however, have raised serious constitutional objections to the introduction of grand jury testimony when the witness is unavailable to testify at trial. These claims have focused on the confrontation clause of the sixth amendment and the due process clauses of the fifth and fourteenth amendments. Defendants have contended that the introduction of testimony from a grand jury proceeding which cannot be subjected to cross-examination fatally compromises the defendant's right to a fair trial. Lower courts are split over admitting grand jury testimony in these circumstances, and the Supreme Court has yet to rule on the issue. As a result, …
Faces Without Features: The Surface Validity Of Criminal Inferences, Peter Lushing
Faces Without Features: The Surface Validity Of Criminal Inferences, Peter Lushing
Articles
The article critiques the Supreme Court's decision in County Court v. Allen, arguing that the Court's approach to evaluating instructed inferences in criminal cases undermines the integrity of the fact-finding process. The central concern is that the Court's methodology, which assesses inferences as applied rather than on their face, fails to address the potential irrationality of such inferences and the pressure they may exert on jurors to convict without thorough consideration of the evidence. The article advocates for a more rigorous standard to ensure the rationality and constitutionality of instructed inferences in criminal trials.
Emerging Standards In Supreme Court Double Jeopardy Analysis, Clifford R. Ennico
Emerging Standards In Supreme Court Double Jeopardy Analysis, Clifford R. Ennico
Vanderbilt Law Review
The purposes of this Recent Development are as follows: to identify and evaluate recent modifications in the Court's double jeopardy analysis, to propose that the Court's 1977 Term double jeopardy standards dilute the double jeopardy protection previously afforded to criminal defendants, and to suggest that the Court should permit a broader scope of appellate review in double jeopardy cases.
The Illinois Grand Jury Indictment: A Denial Of Due Process, 12 J. Marshall J. Prac. & Proc. 319 (1979), David F. Platek, Howard D. Lieberman
The Illinois Grand Jury Indictment: A Denial Of Due Process, 12 J. Marshall J. Prac. & Proc. 319 (1979), David F. Platek, Howard D. Lieberman
UIC Law Review
No abstract provided.
Ordered Liberty: Cardozo And The Constitution, John T. Noonan Jr.
Ordered Liberty: Cardozo And The Constitution, John T. Noonan Jr.
Cardozo Law Review
No abstract provided.
A Due Process Dilemma: Pretrial Detention In Juvenile Delinquincy Proceedings, 11 J. Marshall J. Of Prac. & Proc. 513 (1978), Peter A. Shamburek
A Due Process Dilemma: Pretrial Detention In Juvenile Delinquincy Proceedings, 11 J. Marshall J. Of Prac. & Proc. 513 (1978), Peter A. Shamburek
UIC Law Review
No abstract provided.
Bell V. Ohio, Lewis F. Powell Jr.
Lockett V. Ohio, Lewis F. Powell Jr.
Due Process In Parole Granting: A Current Assessment, 10 J. Marshall J. Prac. & Proc. 93 (1976), Frank S. Merritt
Due Process In Parole Granting: A Current Assessment, 10 J. Marshall J. Prac. & Proc. 93 (1976), Frank S. Merritt
UIC Law Review
No abstract provided.
Ludwig V. Massachusetts, Lewis F. Powell Jr.
Ludwig V. Massachusetts, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Mullaney V. Wilbur, Lewis F. Powell Jr.
Mullaney V. Wilbur, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Michigan V. Tucker, Lewis F. Powell Jr.
Michigan V. Tucker, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Criminal Law - Federal Rule Of Collateral Estoppel Held To Be Incorporated Into The Double Jeopardy Clause And Applicable To The States Through The Fourteenth Amendment, William H. Pokorny Jr.
Criminal Law - Federal Rule Of Collateral Estoppel Held To Be Incorporated Into The Double Jeopardy Clause And Applicable To The States Through The Fourteenth Amendment, William H. Pokorny Jr.
Loyola University Chicago Law Journal
No abstract provided.
Pretrial Detention And The Eighth And Fourteenth Amendments, James Lowe
Pretrial Detention And The Eighth And Fourteenth Amendments, James Lowe
Cleveland State Law Review
It is in the intent of the writer of this paper to examine the conditions endured by indigent defendants through their pretrial detention in Cuyahoga County Jail with respect to the Constitutional prohibitions of "cruel and unusual" punishment and a denial of "equal protection of the laws." Cuyahoga County is better known as Cleveland, Ohio. Expediency requires that the important concept of the rights of indigent inmates as they relate to civil rights statutes, and particularly Title 42 U.S.C. Section 1983, not be considered here. It may be hoped, however, that the propositions and legal considerations put forth in this …
Equal Protection Against Unnecessary Police Violence And The Original Understanding Of The Fourteenth Amendment: A Comment, Alfred Avins
Equal Protection Against Unnecessary Police Violence And The Original Understanding Of The Fourteenth Amendment: A Comment, Alfred Avins
Buffalo Law Review
No abstract provided.