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Articles 61 - 75 of 75
Full-Text Articles in Supreme Court of the United States
Equitable Balancing In The Age Of Statutes, Jared Goldstein
Equitable Balancing In The Age Of Statutes, Jared Goldstein
Law Faculty Scholarship
No abstract provided.
Crawford, Retroactivity, And The Importance Of Being Earnest, J. Thomas Sullivan
Crawford, Retroactivity, And The Importance Of Being Earnest, J. Thomas Sullivan
Law Faculty Scholarship
In this article Professor Sullivan examines the Supreme Court's evolving Confrontation Clause jurisprudence through its dramatic return to pre-Sixth Amendment appreciation of the role of cross-examination in the criminal trial reflected in its 2004 decision in Crawford v. Washington. He discusses the past quarter century of the Court's confrontation decisions and their impact on his client, Ralph Rodney Earnest, recounting the defendant's conviction and twenty-four-year litigation journey through state and federal courts to his eventual release from prison in the only successful attempt to use Crawford retroactively known to date.
Heller And Insurrectionism, Carl Bogus
Grutter V. Bollinger, Clarence Thomas, Affirmative Action And The Treachery Of Originalism: "The Sun Don't Shine Here In This Part Of Town", André Douglas Pond Cummings
Grutter V. Bollinger, Clarence Thomas, Affirmative Action And The Treachery Of Originalism: "The Sun Don't Shine Here In This Part Of Town", André Douglas Pond Cummings
Law Faculty Scholarship
Careful examination of Justice Clarence Thomas's dissenting opinion in the landmark affirmative action case Grutter v. Bollinger is important for a number of reasons: First, as one of the youngest members of the U.S. Supreme Court, Thomas stands a reasonable chance of still being a member of the court in 25 years, the self imposed implosion date (sunset provision) established by Justice O'Connor's majority opinion. No doubt, Thomas relishes the idea of writing the majority opinion that kills affirmative action and racial preferences for good.
Second, much as Justice Harlan's dissenting opinion in Plessy v. Ferguson was used as a …
The Military Commissions Act, Coerced Confessions, And The Role Of The Courts, Peter Margulies
The Military Commissions Act, Coerced Confessions, And The Role Of The Courts, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Democratic Prosecutor: Explaining The Constitutional Function Of The Federal Grand Jury, Niki Kuckes
The Democratic Prosecutor: Explaining The Constitutional Function Of The Federal Grand Jury, Niki Kuckes
Law Faculty Scholarship
No abstract provided.
Money As A "Specific" Remedy, Colleen P. Murphy
Money As A "Specific" Remedy, Colleen P. Murphy
Law Faculty Scholarship
No abstract provided.
Comparison To Criminal Sanctions In The Constitutional Review Of Punitive Damages, Colleen P. Murphy
Comparison To Criminal Sanctions In The Constitutional Review Of Punitive Damages, Colleen P. Murphy
Law Faculty Scholarship
No abstract provided.
Comparison To Criminal Sanctions In The Constitutional Review Of Punitive Damages, Colleen P. Murphy
Comparison To Criminal Sanctions In The Constitutional Review Of Punitive Damages, Colleen P. Murphy
Law Faculty Scholarship
No abstract provided.
The Use Of Prior Convictions After Apprendi, Colleen P. Murphy
The Use Of Prior Convictions After Apprendi, Colleen P. Murphy
Law Faculty Scholarship
No abstract provided.
The Useful, Dangerous Fiction Of Grand Jury Independence, Niki Kuckes
The Useful, Dangerous Fiction Of Grand Jury Independence, Niki Kuckes
Law Faculty Scholarship
No abstract provided.
Delusions Of Grand Juries, Niki Kuckes
Misclassifying Monetary Restitution, Colleen P. Murphy
Misclassifying Monetary Restitution, Colleen P. Murphy
Law Faculty Scholarship
No abstract provided.
Reviewing Congressionally Created Remedies For Excessiveness, Colleen P. Murphy
Reviewing Congressionally Created Remedies For Excessiveness, Colleen P. Murphy
Law Faculty Scholarship
No abstract provided.
Systematic Justice: A Proposed Constitutional Amendment To Establish Fixed, Staggered Terms For Members Of The United States Supreme Court, Philip D. Oliver
Systematic Justice: A Proposed Constitutional Amendment To Establish Fixed, Staggered Terms For Members Of The United States Supreme Court, Philip D. Oliver
Law Faculty Scholarship
The United States Supreme Court's role as final interpreter of the laws and Constitution of the United States makes it the most important judicial body in the world. This Article will advance a proposal to change the term of office of the Justices who wield this power.