Vol. 86:2
Categories: In Print, In Print - Table of Contents, Volume 86, Volume 86-2 | Posted: November 11, 2008
Archive for the 'Volume 86-2' Category
Old Blood, Bad Blood, and Youngblood: Due Process, Lost Evidence, and The Limits of Bad Faith
Under the law of lost evidence, absent a showing of bad faith, no due process violation occurs when the police lose potentially exculpatory evidence. This is so even though the evidence may be critical to the defense and even though post-conviction DNA testing has exonerated more than 200 individuals. Ironically, the case that developed that [...]
Popular Constitutionalism and Relaxing the Dead Hand: Can the People Be Trusted?
A growing number of constitutional scholars are urging the nation to rethink its commitment to judicial supremacy. Popular constitutionalists argue that the American people, not the courts, hold the ultimate authority to interpret the Constitution’s many open-ended provisions whose meanings are reasonably contestable. This Article defends popular constitutionalism on two important fronts. First, using originalism [...]
Reconsidering Gobitis: An Exercise In Presidential Leadership
In June of 1940, the Supreme Court ruled 8-1 in Minersville School District v. Gobitis that the First Amendment posed no barrier to the punishment of two school-age Jehovah’s Witnesses who refused to pay homage to the American flag. Three years later, the Justices reversed themselves in West Virginia State Board of Education v. Barnette. [...]
Refocusing The Lens Of Child Advocacy Reform On The Child
When placed within family court jurisdiction, children need lawyers. Dependency cases in the family court-in which parents are accused of abusing or neglecting their children-are fraught with constitutional tensions regarding the state’s and parents’ rights to regulate the well-being of children, along with systemic pressures such as federal statutes and state funding [...]
