Browsing by Subject "Fifth Amendment"

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The Modern Law of Class Actions and Due Process

Grossi, Simona; Ides, Allan (University of Oregon School of Law, 2020-01-18)

This Article begins with an examination of the fundamental principles of due process and shows how those principles have permeated our system of justice and, more particularly, the Federal Rules of Civil Procedure. We then ...
Self-Incrimination and the Dispute over the Meaning of “Criminal Case”

Hills, Blake R. (University of Oregon School of Law, 2021-05-06)

Consider a scenario in which a suspect is arrested and is interviewed by police officers who fail to give him his Miranda warnings. Charges are subsequently filed, and the interview is introduced against the suspect in a ...
Why Vague Sentencing Guidelines Violate the Due Process Clause

Heilman, Kelsey McCowan (University of Oregon School of Law, 2017-03-30)

The United States Sentencing Guidelines (the Guidelines) are used to calculate sentencing ranges for roughly 75,000 defendants each year. Despite that ubiquity, the law is unsettled on a very basic question: whether the ...
A Work in Progress: The “Mirandization” of Article I, Section 12

Crippen, Kelsie (University of Oregon School of Law, 2019-02-14)

This Comment focuses primarily on one aspect of Miranda rights, namely, what happens if a suspect tries to invoke his right to counsel but fails to clearly articulate his desire to do so?