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Reconsidering the Origins of the Constitutional Privilege Against Self-Incrimination
Michigan Law Review Volume 92 Issue 5 1994 Taking the Fifth: Reconsidering the Origins of the Constitutional Privilege Against Self-Incrimination Eben Moglen Columbia University Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Constitutional Law Commons, Criminal Procedure Commons, and the Legal History Commons Recommended Citation Eben Moglen, Taking the Fifth: Reconsidering the Origins of the Constitutional Privilege Against Self- Incrimination, 92 MICH. L. REV. 1086 (1994). Available at: https://repository.law.umich.edu/mlr/vol92/iss5/3 This Essay is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. TAKING THE FIFTH: RECONSIDERING THE ORIGINS OF THE CONSTITUTIONAL PRIVILEGE AGAINST SELF INCRIMINATION Eben Moglen* INTRODUCTION Modem criminal procedure in the common law jurisdictions has few distinguishing features as significant as the defendant's strong privilege against becoming a testimonial resource in a criminal investi gation or trial. This is particularly true in the United States, where the interpretation of the Fifth Amendment's familiar wording1 guarantees that objects of police investigation will be warned prophylactically against testimonial cooperation with the police and protects against adverse commentary on failure to testify at trial.2 Perhaps because of its contemporary significance, historical scholarship has tended to lo cate the origin of the privilege deep in the libertarian tradition of the common law. -
Congressional Record-House. April 24
5476 CONGRESSIONAL RECORD-HOUSE. APRIL 24, By Mr. WILSON of lllinois: A bill (H. R. 15397) granting a. HOUSE OF REPRESENTATIVES. pension to Carl Traver-to the Committee on Invalid Pensions. Also, a bill (H. R. 15398) to remove the charge of desertion from SUNDAY, .April24, 190.4-. the military record of GeorgeS. Green-to the Committee on Mil The House met at 12 o'clock m. itary Affairs. The following prayer was offered by the Chaplain, Rev. H.E..--rn.Y N. COUDEN, D. D.: PETITIONS, ETC. Eternal and everliving God, our Heavenly Father, we thank Thee for that deep and ever-abiding faith which Thou hast im Under clause 1 of Rn1e XXII, the following petitions and papers planted in the hearts of men, and which has inspired the true, the were laid on the Clerk's desk and referred as follows: noble, the brave of every age with patriotic zeal and fervor, bring By Mr. BRADLEY: Petition of Montgomery Grange, of Mont gomery, N.Y., and others, in favor of the passage of bill H. R. ing light out of darkness, order out of chaos, liberty out of bond 9302-to the Committee on Ways and Means. age, and thus contributing here a. little, there a. little, to the By Mr. CALDERHEAD: Petition of Lamar Methodist Episco splendid civilization of our age. Especially do we thank Thee for pal Church, of Lamar Kans., in favor of the Hepburn-Dolliver that long line of illustrious men who lived and wrought, suffered bill-to the Committee on the Judiciary. -
The Diamond of Psi Upsilon June 1928
W^^www^ @ �l^lt] [*) l^^^iW^W^W^ DIAMOND f^ . of . ^ Psi Upsilcsn �a? June 1928 Volume XIV Number Four i Ti?'zi?'ii?'^^^^l [f] IT] [T] ? BIjEII^ |Ny%^^ii<>'-tifW THE DIAMOND OF PSI UPSILON Official Publication of Psi Upsilon Fraternity Published in November, January, March and June, by The Diamond of Psi Upsilon, a corporation not for pecuniary profit, organized under the laws of Illinois An Open Forum for the Free Discussion of Fraternity Matters Volume XIV JUNE, 1928 Numbee 4 BOARD OP EDITORS Mask Bowman ....... Delta Delta '20 R. BouRKE Corcoran Omega '15 Ralph C. Guenther Tau'26 Kenneth Laied Omega '25 George W. Ross, Jb Phi '26 ALUMNI ADVISORY COMMITTEE ON THE DIAMOND Henet Johnson Fisher Beta '96 Herbert S. Houston Omega '88 Edward Hungeefoed Pi '99 Julian S. Mason . .... Beta '98 EXECUTIVE COUNCIL COMMITTEE ON THE DIAMOND Walter T. Collins Iota '03 R. BouRKE Corcoran Omega '15 Herbert S. Houston Omega '88 LIFE SUBSCRIPTION TEN DOLLARS ONE DOLLAR THE YEAR BY SUBSCRIPTION SINGLE COPIES FIFTY CENTS MdresB all communications to the Board of Editors, Room 500, 30 N. Dearborn St., TABLE of CONTENTS The 1928 Convention 209 Notes of the Convention 211 The Alumni Conference 212 The Convention Banquet 216 A Scholarship Prize of $500 230 Delta Chapter Life Subsceibers 232 Chapter Scholaeship Recoeds 233 Omiceon Alumni of Unknown Address 238 Expulsion Notice 238 In Memoeiam 239 Edwaed a. Bradford, Beta '73 Jay Feank Chappell, Omega '20 Eael W. DeMoe, Rho '92 Chauncey M. Depew, Beta '56 Rev. Edw. C. Feillowes> Beta '88 Colonel Moses M. -
The Pulitzer Prizes 2020 Winne
WINNERS AND FINALISTS 1917 TO PRESENT TABLE OF CONTENTS Excerpts from the Plan of Award ..............................................................2 PULITZER PRIZES IN JOURNALISM Public Service ...........................................................................................6 Reporting ...............................................................................................24 Local Reporting .....................................................................................27 Local Reporting, Edition Time ..............................................................32 Local General or Spot News Reporting ..................................................33 General News Reporting ........................................................................36 Spot News Reporting ............................................................................38 Breaking News Reporting .....................................................................39 Local Reporting, No Edition Time .......................................................45 Local Investigative or Specialized Reporting .........................................47 Investigative Reporting ..........................................................................50 Explanatory Journalism .........................................................................61 Explanatory Reporting ...........................................................................64 Specialized Reporting .............................................................................70 -
To Declare War
TO DECLARE WAR J. GREGORY SIDAK* INTRODUCTION ................................................ 29 I. DID AMERICA'S ENTRY INTO THE PERSIAN GULF WAR REQUIRE A PRIOR DECLARATION OF WAR?................ 36 A. Overture to War: Are the PoliticalBranches Willing to Say Ex Ante What a "War" Is? ...................... 37 B. Is It a Political Question for the Judiciary to Issue a DeclaratoryJudgment Saying Ex Ante What Is or Will Constitute a "War"? .................................. 39 C. The Iraq Resolution of January 12, 1991 .............. 43 D. Why Do We No Longer Declare War When We Wage War? ................................................ 48 E. The President's War-Making Duties as Commander in Chief ................................................ 50 F. The Specious Dichotomy Between "General War" and Undeclared "'Limited War"........................... 56 II. THE COASE THEOREM AND THE DECLARATION" OF WAR: POLITICAL ACCOUNTABILITY AS A NORMATIVE PRINCIPLE FOR IMPLEMENTING THE SEPARATION OF POWERS ........ 63 A. Coasean Trespasses and Bargains Between the Branches of Government ....................................... 64 B. PoliticalAccountability, Agency Costs, and War ........ 66 C. American Sovereignty and the United Nations .......... 71 III. THE ACCOUNTABLE FORMALISM OF DECLARING WAR: LESSONS FROM THE DECLARATION OF WAR ON JAPAN .... 73 A. Provocation and Culpability: Is America Initiating War or Is Pre-Existing War "Thrust Upon" It? ............. 75 B. The Objectives of War: The President'sLegislative Role as Recommender of War .............................. 79 * A.B. 1977, A.M., J.D. 1981, Stanford University. Member of the California and District of Columbia Bars. In writing this Article, I have benefitted from the comments and protests of Gary B. Born, L. Gordon Crovitz, John Hart Ely, Daniel A. Farber, John Ferejohn, Michael J. Glennon, Stanley Hauerwas, Geoffrey P. -
Presidential Illness and Disability: the Health And
PRESIDENTIAL ILLNESS AND DISABILITY: THE HEALTH AND PERFORMANCE OF PRESIDENTS FROM 1789-1901 A THESIS IN Political Science Presented to the Faculty of the of Missouri-Kansas City in partial fulfillment of the requirement for the degree MASTER OF ARTS by CHAD LAWRENCE KING B.A., University of Missouri-Kansas City, 2008 Kansas City, Missouri 2013 © 2013 CHAD LAWRENCE KING ALL RIGHTS RESERVED PRESIDENTIAL ILLNESS AND DISABILITY: THE HEALTH AND PERFORMANCE OF PRESIDENTIAL TICKETS FROM 1789-1901 Chad Lawrence King, Candidate for the Master of Arts Degree University of Missouri-Kansas City, 2013 ABSTRACT Presidential health and performance has been a subject of study by both political scientists and historians, many of whom have examined the health of our nation’s presidents. This study of presidential history is not new. Many monographs and articles have examined this subject in great detail. While these have led to new interpretations of presidential history, they are inadequate for understanding the problem that presidential ill health and disability have presented during our nation’s history. Most studies focus only on the twentieth century and the importance of health into the modern presidency. While the focus of health on the modern presidency has greatly changed our understanding of individual presidents and their effect on history, it nonetheless presents only a partial picture of the problem, since it neglects the effect of presidential health during the early years of the republic. I argue that presidential health has always been of prime importance and its effect is certainly not limited to recent decades. This study will also focus, when appropriate, on the health of the vice president during certain administrations. -
Download Catalog
Abraham Lincoln Book Shop, Inc. Catalog 183 Holiday/Winter 2020 HANDSOME BOOKS IN LEATHER GOOD HISTORY -- IDEAL AS HOLIDAY GIFTS FOR YOURSELF OR OTHERS A. Badeau, Adam. MILITARY HISTORY OF ULYSSES S. GRANT, FROM APRIL 1861 TO APRIL 1865. New York: 1881. 2nd ed.; 3 vol., illus., all maps. Later full leather; gilt titled and decorated spines; marbled endsheets. The military secretary of the Union commander tells the story of his chief; a detailed, sympathetic account. Excellent; handsome. $875.00 B. Beveridge, Albert J. ABRAHAM LINCOLN 1809-1858. Boston: 1928. 4 vols. 1st trade edition in the Publisher’s Presentation Binding of ½-tan leather w/ sp. labels; deckled edges. This work is the classic history of Lincoln’s Illinois years -- and still, perhaps, the finest. Excellent; lt. rub. only. Set of Illinois Governor Otto Kerner with his library “name” stamp in each volume. $750.00 C. Draper, William L., editor. GREAT AMERICAN LAWYERS: THE LIVES AND INFLUENCE OF JUDGES AND LAWYERS WHO HAVE ACQUIRED PERMANENT NATIONAL REPUTATION AND HAVE DEVELOPED THE JURISPRUDENCE OF THE UNITED STATES. Phila.: John Winston Co.,1907. #497/500 sets. 8 volumes; ¾-morocco; marbled boards/endsheets; raised bands; leather spine labels; gilt top edges; frontis.; illus. Marshall, Jay, Hamilton, Taney, Kent, Lincoln, Evarts, Patrick Henry, and a host of others have individual chapters written about them by prominent legal minds of the day. A handsome set that any lawyer would enjoy having on his/her shelf. Excellent. $325.00 D. Freeman, Douglas Southall. R. E. LEE: A BIOGRAPHY. New York, 1936. “Pulitzer Prize Edition” 4 vols., fts., illus., maps. -
CONGRESSIONAL RECORD-HOUSE. J .Anualiy 26
1220 CONGRESSIONAL RECORD-HOUSE. J .ANUAliY 26, Philadelphia, Pa., indorsing House bill No. 887, to provide for passage of the bill to establish an admiralty court at Buffalo, adding and completing specimens and productions, etc., to be ex N. Y.-to the Committee on the Judiciary. hibited in the Philadelphia museums-to the Committee on Inter Also, papers in behalf of the people of the Seneca Nation, New state and Foreign Commerce. York Indians-to the Committee of Indian Affairs. By Mr. BURLEIGH: Petition of post-office clerks of Augusta, By Mr. SHACKLEFORD: Petitions of the publishers of the Me., in favor of the passage of House bill No. 4351-to the Com Weatherford Democrat, Granville Herald, Shiner Ga2ette, Shn mittee on the Post-Office and Post-Roads. .lenburg Sticker, Corsicana Truth, Lancaster Herald, Denton Moni By Mr. CLARK of Missouri: Protest of the American Federa tor, Bonham News, Comanche Exponent, Dublin Progress, Myrtle tion of Labor, against the· ceding of large areas of the public Springs Herald, Georgetown Sun, Circo Roundup, Honey Grove domain to individuals and corporations-to the Committee on Citizen, Bryan Eagle, Greenville Observer, Greenville Independ Labor. ent Farmer, Jacksonville Reformer, Goldthwaite Eagle, Farmers By Mr. COWHERD: Papers to accompany House bill granting ville Times, Garland News, Brenham Banner, Hillsboro Mirror, a pension to Gevert Schutte-to the Committee on Invalid Pensions. Temple Times, Waxahachie Enterprise, Gainesville Register, By Mr. DALZELL: Resolutions of Manufacturers' Club of Itasca Item, Longville Times-Clarion, and Henderson Times, all· Philadelphia, Pa., indorsing House bill No. 887, to provide for in Texa.s; NewYorkMillsUusi Kotimaa, Minnesota; Dover (Del.) adding to and completing specimens and productions, etc., to be Sentinel, Gloucester (Mass.) Breeze, Willows (Cal.) Journal, exhibited in the Philadelphia museums-to the Committee on Waukegan (Ill.) Gazette, Toronto (Ohio) Tribune, Cleveland Interstate and Foreign Commerce. -
The First Amendment in Its Forgotten Years
The First Amendment in Its Forgotten Years David M. Rabbant TABLE OF CONTENTS I. Free Speech Before the Courts 522 A. Supreme Court Cases 524 I. Avoiding First Amendment Issues 525 Resisting Incorporation into the Fourteenth Amendment 525 Excluding Publications from the Mails 526 Neglecting First Amendment Issues 529 Limiting the Meaning of Speech 531 2. Addressing First Amendment Issues 533 Justice Holmes and the Bad Tendency of Speech 533 Review of Statutes Penalizing Speech 536 The First Amendment as the Embodiment of English Common Law 539 3. Hints of Protection 540 4. Summary 542 B. Decisions Based on State Law 543 1. The Bad Tendency Doctrine 543 Speech by Radicals 543 Obscenity and Public Morals 548 2. Libel 550 3. Political Speech 551 4. Labor Injunctions 553 5. Speech in Public Places 555 C. The Judicial Tradition 557 t Counsel, American Association of University Professors. 514 Prewar Free Speech II. Legal Scholarship 559 A. The Social Interest in Free Speech 563 B. The Distinction Between Public and Private Speech 564 1. Schofield's Formulation of the Distinction 564 2. Other Scholarly Support for the Distinction 566 C. The Expanding Conception of Free Speech 568 D. The Rejection of Blackstone 570 E. The Limits of Protected Speech 572 1. The Direct Incitement Test 572 2. Pound's Balancing Test 575 3. Schroeder's Test of Actual Injury 576 4. The Benefits of LibertarianStandards 578 F. The Heritage of Prewar Scholarship 579 III. The Role of the Prewar Tradition in the Early Develop- ment of Modern First Amendment Doctrine 579 A. -
Broadway East (Running North and South)
ROTATION OF DENVER STREETS (with Meaning) The following information was obtained and re-organized from the book; Denver Streets: Names, Numbers, Locations, Logic by Phil H. Goodstein This book includes additional information on how the grid came together. Please email [email protected] with any corrections/additions found. Copy: 12-29-2016 Running East & West from Broadway South Early businessman who homesteaded West of Broadway and South of University of Denver Institutes of Higher Learning First Avenue. 2000 ASBURY AVE. 50 ARCHER PL. 2100 EVANS AVE.` 2700 YALE AVE. 100 BAYAUD AVE. 2200 WARREN AVE. 2800 AMHERST AVE. 150 MAPLE AVE. 2300 ILIFF AVE. 2900 BATES AVE. 200 CEDAR AVE. 2400 WESLEY AVE. 3000 CORNELL AVE. 250 BYERS PL. 2500 HARVARD AVE. 3100 DARTMOUTH 300 ALAMEDA AVE. 2600 VASSAR AVE. 3200 EASTMAN AVE. 3300 FLOYD AVE. 3400 GIRARD AVE. Alameda Avenue marked the city 3500 HAMPDEN AVE. limit until the town of South 3600 JEFFERSON AVE. Denver was annexed in 3700 KENYON AVE. 1894. Many of the town’s east- 3800 LEHIGH AVE. west avenues were named after 3900 MANSFIELD AVE. American states and 4000 NASSAU AVE. territories, though without any 4100 OXFORD AVE. clear pattern. 4200 PRINCETON AVE. 350 NEVADA PL. 4300 QUINCY AVE. 400 DAKOTA AVE. 4400 RADCLIFF AVE. 450 ALASKA PL. 4500 STANFORD AVE. 500 VIRGINIA AVE. 4600 TUFTS AVE. 600 CENTER AVE. 4700 UNION AVE. 700 EXPOSITION AVE. 800 OHIO AVE. 900 KENTUCKY AVE As the city expanded southward some 1000 TENNESSEE AVE. of the alphabetical system 1100 MISSISSIPPI AVE. disappeared in favor 1200 ARIZONA AVE. -
Rare Books and Manuscripts Homer Davenport Editorial Cartoons
Rare Books and Manuscripts Homer Davenport Editorial Cartoons Collection Accession Number: SC U:41 Location: Map Cabinet A, Drawer 5 Dates: c. 1893 – c. 1910 Size: 1 oversized folder; 7 items Creator/Collector: Unknown Acquisition info: Unknown Accruals: No accruals expected Custodial history: Unknown Language: English Processed by: Sarah Cain, January 2015 Conservation notes: All items encapsulated in mylar sleeves and housed in an oversized acid-free folder. Scope and Content: The collection contains seven (7) original artworks by editorial cartoonist Homer Calvin Davenport (1867-1912). Davenport was born in Waldo Hills, Oregon on March 8, 1867. Even though he lacked formal art training, Davenport became one of the highest paid political cartoonists in the world at $25,000 a year which was equal to the salary of the U.S. President. As a hobby, Davenport breed Arabian horses and became one of the first major breeders in the United States. He later founded the Arabian Horse Club of America in 1908. Davenport died of pneumonia that was contracted while covering the survivors of the Titanic coming back to New York on the Carpathia. He passed away at the age of 45 on May 2, 1912. Davenport tried a variety of jobs before gaining employment as a political cartoonist, initially working at several newspapers on the West Coast. In 1889, Davenport began his newspaper career as an artist for The Oregonian where he was let go after four months. He then moved to the Portland Mercury. While on a job assignment for the Mercury, Davenport sent home a few sketches to his father. -
CHAIRMEN of SENATE STANDING COMMITTEES [Table 5-3] 1789–Present
CHAIRMEN OF SENATE STANDING COMMITTEES [Table 5-3] 1789–present INTRODUCTION The following is a list of chairmen of all standing Senate committees, as well as the chairmen of select and joint committees that were precursors to Senate committees. (Other special and select committees of the twentieth century appear in Table 5-4.) Current standing committees are highlighted in yellow. The names of chairmen were taken from the Congressional Directory from 1816–1991. Four standing committees were founded before 1816. They were the Joint Committee on ENROLLED BILLS (established 1789), the joint Committee on the LIBRARY (established 1806), the Committee to AUDIT AND CONTROL THE CONTINGENT EXPENSES OF THE SENATE (established 1807), and the Committee on ENGROSSED BILLS (established 1810). The names of the chairmen of these committees for the years before 1816 were taken from the Annals of Congress. This list also enumerates the dates of establishment and termination of each committee. These dates were taken from Walter Stubbs, Congressional Committees, 1789–1982: A Checklist (Westport, CT: Greenwood Press, 1985). There were eleven committees for which the dates of existence listed in Congressional Committees, 1789–1982 did not match the dates the committees were listed in the Congressional Directory. The committees are: ENGROSSED BILLS, ENROLLED BILLS, EXAMINE THE SEVERAL BRANCHES OF THE CIVIL SERVICE, Joint Committee on the LIBRARY OF CONGRESS, LIBRARY, PENSIONS, PUBLIC BUILDINGS AND GROUNDS, RETRENCHMENT, REVOLUTIONARY CLAIMS, ROADS AND CANALS, and the Select Committee to Revise the RULES of the Senate. For these committees, the dates are listed according to Congressional Committees, 1789– 1982, with a note next to the dates detailing the discrepancy.