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Campaign Finance Reform, Union Dues, and the First Amendment: The Collision of Politics and Rights
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Building Climate Change and Ecosystem-Based Function Considerations into a Modernized Columbia River Treaty: A CommentaryNRELHenshaw Final approved
Get PDFThe Constitutional Guarantee of Criminal Justice Transparency
Get PDFThis Article identifies and explores a transparency guarantee that permeates the Constitution\u27s criminal procedure provisions. This guarantee protects multiple dimensions of transparency - which I categorize as participatory, informational, and corporal--through overlapping structural safeguards and individual rights, and through protections afforded to both the public and the accused. Despite the strength and pervasiveness of the overarching transparency guarantee, the discrete provisions from which it is derived are often peripheral in today\u27s criminal justice system, which is dominated by plea bargaining and incarceration rather than trials and public-square punishment. And, because the constitutional transparency protections are viewed in clause-bound isolation, modern transparency deficits are generally viewed as policy problems, not constitutional ones. I urge that renewed attention to the overarching constitutional transparency guarantee can support doctrinal and legislative efforts to strengthen criminal justice transparency in modern times
