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Academic Journals
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From:Journal of Criminal Law and Criminology (Vol. 109, Issue 3) Peer-ReviewedNo one in our society has a more compelling need to communicate in complete confidence with a lawyer than a prisoner, when challenging a conviction as wrongful or prison conditions as unlawful. No one has a greater need...
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From:Notre Dame Law Review (Vol. 96, Issue 5)As the Supreme Court weakens the Bivens constitutional tort cause of action and federal officers avoid liability for unlawful behavior through qualified immunity, we should recollect the merit of the common-law tort...
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From:Harvard Journal of Law & Public Policy (Vol. 32, Issue 1) Peer-ReviewedIn PruneYard Shopping Center v. Robins, (1) the United States Supreme Court held that the owner of a private shopping center who was required by a state court to grant political solicitation and speaking rights to...
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From:Notre Dame Law Review (Vol. 88, Issue 3)We analyze various factors that influence judicial decisions in cases involving Free Exercise Clause or religious accommodation claims and decided by lower federal courts. Religious liberty claims, including those...
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From:William and Mary Law Review (Vol. 50, Issue 2) Peer-ReviewedABSTRACT With the enduring doctrine of federal sovereign immunity, it is too late in the day to suggest that the United States should be treated as an ordinary party in the federal courts. Yet as the Supreme Court...
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From:Michigan Law Review (Vol. 110, Issue 7) Peer-Reviewed