Tag Archives: Constitutional Law

Forfeiture-by-Wrongdoing and Faretta: Reaffirming Counsel’s Vital Role When Defendants Manipulate Competing Sixth Amendment Representation Rights

Just a few weeks before his trial on charges of mail fraud and conspiracy, criminal defendant John Paul Hansen filed a motion with the federal district court presiding over his case requesting “some form of hybrid counsel.” Hansen requested to … Continue reading

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Free Speech, Occupational Speech, and Psychotherapy

Psychotherapy, said one of its earliest clients, Anna O, is a “talking cure.” It banishes or lessens mental illness and suffering not with medicine or surgery but with words. This aspect of psychotherapy raises an interesting set of First Amendment … Continue reading

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The Curious Exclusion of Corporations From the Privileges and Immunities Clause of Article IV

In 1869, the U.S. Supreme Court held in Paul v. Virginia that a corporation was not a “citizen” for purposes of the Privileges and Immunities Clause of Article IV of the U.S. Constitution. In so concluding, the Court agreed with … Continue reading

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DUMPING THE PROBABLE CAUSE REQUIREMENT: WHY THE SUPREME COURT SHOULD DECIDE PROBABLE CAUSE IS NOT NECESSARY FOR CELL TOWER DUMPS

With technology changing and improving as quickly as ever, it stands to reason that the law is often behind the times, and regularly needs to catch up. This is precisely where the law currently stands regarding cell phones. It seems … Continue reading

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THE IMPLICATIONS OF INCORPORATING THE EIGHTH AMENDMENT PROHIBITION ON EXCESSIVE BAIL

The Eighth Amendment prohibition on “excessive bail”1 is perhaps the least developed of the criminal clauses in the Bill of Rights.  The reasons have nothing to do with a scarcity of complaints about excessive bail in the trial courts. At … Continue reading

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On Madison, Muslims, and the New York City Police Department

An exchange of letters between James Madison and Thomas Jefferson frames this Article. In October of 1787, Madison, the intellectual and political force behind the successful adoption of the Constitution in September of that year, had forwarded a copy of … Continue reading

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