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Book Review: Psychiatric Justice, Alice M. Batchelder
Book Review: Psychiatric Justice, Alice M. Batchelder
Akron Law Review
In an era in which extensive judicial emphasis has been placed on "due process of law" in criminal proceedings, both in the federal courts and in the state courts, Dr. Szasz's book serves as a jarring reminder that in at least one vital area of the concept of due process, much remains to be done. The emerging definition of due process has enunciated the rights guaranteed the individual by the Fourth, Fifth, Sixth, and Fourteenth Amendments; and viewed within that framework, this book, although published in 1965, remains particularly timely, for Szasz, speaking as a psychiatrist, endeavors to demonstrate how …
The Need For Judicial Restriction On The Use Of Drug Detecting Canines, William R. Pomeroy
The Need For Judicial Restriction On The Use Of Drug Detecting Canines, William R. Pomeroy
Akron Law Review
The purpose of this comment is to examine these issues, outline the conflicting positions, and attempt to forecast the direction the courts may take in their effort to bring some harmony to this unsettled (and to some, unsettling) area of law. Few people would attempt to deny law enforcement officials the use of this highly effective and relatively unintrusive law enforcement tool. Yet there are those who fear that the unsettled questions concerning limits on the use of this tool may lead to serious abuse, and who raise the specter of unlimited government intrusion should this type of investigatory activity …
The Fourth Amendment: In Search Of Illegal Aliens Immigration And Naturalization Service V. Delgado, Cristina A. Navarro
The Fourth Amendment: In Search Of Illegal Aliens Immigration And Naturalization Service V. Delgado, Cristina A. Navarro
Akron Law Review
Throughout the nation's history, illegal immigration has generated considerable debate. Particularly important is the problem of illegal immigration from Mexico. The importance is due to the potential impact on Mexico/United States relations, and the sheer numbers involved. Many people believe that immigrants are primarily responsible for the United State's economic problems. As a result, much attention is being focused on the immigration issue. In order to combat illegal immigration the trend is to toughen up immigration policies and extend the authority of the Immigration and Naturalization Service (INS). One way INS authority is exercised is through "area control operations" known …
Seizure By Roadblock: Decisional Law On The Constitutionality Of Drunk Driving Roadblocks, Scott Freed
Seizure By Roadblock: Decisional Law On The Constitutionality Of Drunk Driving Roadblocks, Scott Freed
Akron Law Review
This comment will examine decisions addressing the constitutionality of roadblock stops. First, it will examine Delaware v. Prouse and other Supreme Court decisions which have developed what is referred to as the neutral criteria standard for judging the reasonableness of temporary automobile seizures at roadblock-type stops. Under the neutral criteria standard, law enforcement officers may conduct suspicionless seizures of vehicles at roadblocks for certain specific purposes. The neutral criteria standard requires that the seizure be carried out pursuant to a plan embodying explicit, neutral limitations on the conduct of individual officers. Second, the comment will examine decisions which have found …
Drug-Impaired Police Officers/Fire Fighters And The Reasonable Suspicion Standard: Whose Turn It Is To Give Condolences To The Innocent Victim's Family?, Robert G. Remis
Drug-Impaired Police Officers/Fire Fighters And The Reasonable Suspicion Standard: Whose Turn It Is To Give Condolences To The Innocent Victim's Family?, Robert G. Remis
Akron Law Review
Part I of this comment will provide a brief overview of the general constitutional concerns of random drug testing. Part II will discuss random drug testing as applied to police officers and fire fighters. Part III will begin by addressing the public/private employer distinction, and the balancing of the conflicting interests. Part III will end by discussing the effects of drugs, the deterrent effect of drug testing programs, and the costs associated with employee drug use.
Mill's Theory Of Liberty In Constitutional Interpretation, Wilson Ray Huhn
Mill's Theory Of Liberty In Constitutional Interpretation, Wilson Ray Huhn
Akron Law Review
I wish to apply Justice Thompson's discussion of the nature of liberty in a more general context in addressing fundamental questions of constitutional interpretation. Justice Thompson's essential inquiry is, "Should the enforcement of morals be the concern of the law?" I take the liberty of slightly rephrasing that question: "Is the enforcement of traditional moral norms per se constitutional?" I suggest that the answer to this question is "no." Courts and scholars have often confused our moral traditions with our traditions of liberty and equality. My central premise is that it is for the legislature to enact morality into law, …