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Authors

Denis M. Gravel

Document Type

Article

Media Type

Text

Abstract

This note examines the United States Supreme Court decision holding the imposition of a state drug tax unconstitutional in that it violates the multiple punishment component of the Double Jeopardy Clause. The author contends that the majority's application of Double Jeopardy jurisprudence was not only faulty and erroneous, but inconsistent in light of the Court's prior holdings. The court fashioned a test which allows for a much lower level of judicial deference to the legislature, and in so doing, continued on a recent trend, albeit an erroneous one, that is expanding the scope of Double Jeopardy protection.

First Page

433

Last Page

476

Publication Date

5-1-1995

Department

College of Law

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Included in

Law Commons

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