Runyon v. McCrary Should Not Be Overruled

Marvin E. Frankel
I shall be arguing that in all the pertinent circumstances, Runyon v. McCrary should not be overruled unless it was grossly, utterly, and destructively wrong. Obviously, I believe no such demonstration is possible.

The Foibles and Fables of Runyon

James McClellan

Runyon v. McCrary and the Mosaic of State Action

Ronald D. Rotunda

Requiem for Miranda: The Rehnquist Court’s Voluntariness Doctrine in Historical Perspective

Laurence A. Benner
This Article retraces the path of history back to the origins of the privilege against self-incrimination and rediscovers a cluster of rights, embraced by the historical “privilege,” which are today no longer associated with the fifth amendment. The central thesis of this Article is that, because of our ignorance of history, we have failed to distinguish analytically between the historical “privilege” against self-incrimination and the relatively more recent right against…

Debunking the Myth of the Historic Supremacy of Annual Accounting for Income Taxes: A Coalescence of Non-Literal Interpretation with Original Intent Analysis

Myron C. Grauer
As this Article’s purpose is mainly to determine if historically Congress desired annual accounting to be tempered by some policies that conflict with those behind annual accounting, this Article will forego the use of economic and financial models in favor of an examination of the historical context in which the early annual accounting provisions developed in the statutory and regulatory scheme. The decision not to engage in economic and financial…

Application of the Hague Convention to American Litigants: Incorporating the Subsequent Interpretations of Signatory States into the Analysis of the U.S. Judiciary

Diane M. Peters