University of Idaho

University of Idaho College of Law
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    17616 research outputs found

    The Impact of Remote Appearances on the Post-Pandemic Court

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    Campaign Finance Reform, Union Dues, and the First Amendment: The Collision of Politics and Rights

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    NATURAL RESOURCE POLICY AND COLLABORATIVE PROCESSES

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    The Constitutional Guarantee of Criminal Justice Transparency

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    This 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

    What’s in a Name? Strict Scrutiny and the Right to a Public Trial

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    A Different Perspective

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    A Cure of What Ails You: How Universal Healthcare Can Help Fix Our Tort System

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