Constitutional replacement doctrine

The "Presumption of Innocence" as Constitutional Doctrine

Databases, Doctrine, and Constitutional Criminal Procedure

Over the past twenty years there has been an explosion in the creation, availability, and use of criminal justice databases. Large scale database systems now routinely influence law enforcement decisions ranging from formal determinations to arrest or convict an individual to informal judgments to subject a person to secondary pre-flight screening or investigate possible gang membership. Eviden...

Constitutional Law: Abstention Doctrine Applied to Avoid Decision on Constitutionality of Closing Public Schools

SINCE its initial formulation by the Supreme Court in 1941,1 the doctrine of equitable abstention has been a subject of continuing controversy.2 Its application in the field of civil rights by a sharply divided Supreme Court in 19593 raised many questions, several of which are illustrated by Griffin v. Board of Supervisors. 4 In this latest decision in twelve years of litigation aimed at the in...

Updating constitutional doctrine: an extended response to the critique of compulsory vaccination.

ions; they inform and often govern behavior in massive ways.) This is not the place to write an entire hypothetical opinion, so I jump to thenub of the next stage of analysis. Here are the primary points that drive theconstitutional argument in this not-so-imaginary Jacobson2.1: First, vaccinations work for hepatitis B and many other disorders, but theyare not perfectly effectiv...

Heterotopic Ossification Following Cervical Total Disc Replacement: Iatrogenic or Constitutional?

OBJECTIVE To elucidate etiological factors of heterotopic ossification (HO) by evaluating retrospectively if HO is a unique finding following cervical total disc replacement (CTDR) or a finding observable following an anterior cervical interbody fusion (ACIF). METHODS The authors had selected 87 patients who underwent anterior cervical surgery (TDR or ACIF), and could be followed up more than...