Books and Journals › Procedural Law
- The disappearing sixth amendment.
- Supreme Court Decision Alert - May 15, 2017.
- Secondary effects and public morality.
- Revisiting Turner v. Rogers.
- Supreme Court 4/25 Personal Jurisdiction Argument
- Supreme Court: District Court EEOC Subpoena Enforcement Decisions Subject To Abuse Of Discretion
- Supreme Court Decision Alert - April 18, 2017
- Cops and pleas: police officers' influence on plea bargaining.
- Florida Supreme Court Rejects More Rigorous Expert Testimony Standard.
- The Fourth Circuit Limits Standing To Bring Data Breach Cases.
- Enforcement Of Foreign Judgments In Florida.
- 'A radical proposal': the Multidistrict Litigation Act of 1968.
- Class action notice in the digital age.
- Commencing litigation against a defendant with international ties? Not so fast - an introduction to an international approach to domestic litigation.
- Structuring pre-plea criminal discovery.
- Get out, stay out: border patrol settles.
- Revitalizing the clemency process.
- State responses to the Whren decision.
Integrated Justice: Human Rights, Climate Change, and Poverty
Summary. II. The Current Environmental Crisis. A. Water Scarcity. B. Oceans. C. Deforestation/Desertification. D. Urban Migration. E. Energy. F. Food Deficiency. G. Refugees; Warfare. III. Climate Change Impacts and Responses. A. Accelerating the Current Crisis. B. International Climate Change Responses. C. Implications for Developing Countries. D. Implications for Human Rights. IV. Applicable...
Summary Judgment Is Constitutional
This Article demonstrates that and does not violate the Seventh Amendment. Two historical antecedents, used by common-law courts, justify modern summary judgment, trial by inspection and demurrer to the evidence. Trial by inspection, as explained by Blackstone, Coke, and Maitland, allowed a common-law judge to inspect evidence visually and then decide "obvious" cases without ever...
Waiting for the Other Shoe: Hudson and the Precarious State of Mapp
Introduction I. When Bad Things Happen to Good Cases: How Bad Timing Turned a Fourth Amendment Footnote into a Potential Blockbuster A. All According to Plan: Finding Booker T. Hudson, Jr. and the First Argument B. The Reargument: All About Mapp II. Twenty Months of Silence: When (If Ever) Will Mapp Be Tested? A. Why the Court Is Avoiding a Mapp Showdown for Now B. Forcing the Court's Hand: More...
The Exclusionary Rule and Causation: Hudson v. Michigan and Its Ancestors
In Hudson v. Michigan, the Supreme Court held that evidence need not be excluded despite the fact that the police had violated the Fourth Amendment by failing to knock and announce their presence before conducting a search. The Court said that the constitutional violation was not a but-for cause of the seizure; the police would have obtained the evidence even if they had knocked. Hudson's...
Batson, O.J., and Snyder. Lessons from an Intersecting Trilogy
Introduction I. The Legacy Of Batson II. Snyder And The Prosecutorial Use Of Racial Proxies- The Louisiana Supreme Court Decision III. The Collision Of O.J. And Snyder IV. Conclusion-The Supreme Court's Missed Opportunity V. Carpe Diem
The Unconstitutionality of Summary Judgment: A Status Report
Summary judgment is unconstitutional. This Symposium Article summarizes this thesis, which was first set forth in Why Summary Judgment Is Unconstitutional, published by the Virginia Law Review. This Article also describes the attention that the thesis has begun to receive in the federal courts and in the media.
Why Summary Judgment Is Still Unconstitutional: A Reply to Professors Brunet and Nelson
As I have stated, summary judgment is unconstitutional. Professors Edward Brunet's and William Nelson's Symposium responses to my article Why Summary Judgment Is Unconstitutional, previously published in the Virginia Law Review, confirm that summary judgment is unconstitutional. No procedure analogous to summary judgment existed under the English common law in 1791, the common law that governs...
Art and the Constitution
Introduction II. The Nature of Art III. Why Should Art Be Protected? IV. Interpreting the First Amendment to Protect Art V. Conclusion
Hudson v. Michigan and the Future of Fourth Amendment Exclusion
Introduction II. The Logic Of The Hudson Opinions: Majority Premises, Concurring Qualifications, And Dissenting Challenges A. The Majority B. The Kennedy Concurrence C. The Dissent III. Tasting Hudson's Porridge: Possible Extremes And More Likely Middle Grounds A. Narrow Understandings Of Hudson:"Too Cold," "Too Small," "Too Soft" Morals Ofthe Story B. Broad...
- Summary Judgment and the Progressive Constitution
A Procedural Approach to "Unfair Methods of Competition"
Section 5 of the Federal Trade Commission Act authorizes the Federal Trade Commission ("FTC") to condemn "unfair methods of competition." A perennial question has been whether the FTC may use section 5 to condemn acts that do not violate the antitrust laws. In March 2006, the FTC did just that by condemning an invitation solely to collude as a section 5 violation. Then, in...
Cleaning Up Condemnation Proceedings: Legislative and Judicial Solutions to the Dilemma of Admitting Contamination Evidence
State courts have adopted different approaches to valuing contaminated properties for purposes of awarding just compensation in eminent domain proceedings. Of the states that have adjudicated this issue, the majority have held that evidence of contamination is admissible under the principle that market value is the best measure of just compensation and contamination is relevant to market value. A