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Cruel And Unusual: Closing The Door On Juvenile De Facto Life Sentences, Thomas Garrity
Cruel And Unusual: Closing The Door On Juvenile De Facto Life Sentences, Thomas Garrity
Catholic University Law Review
There currently exists a split amongst the Federal Circuit Courts that stands ripe for review. The Supreme Court laid down clear precedent in its landmark decisions of Roper v. Simmons, Graham v. Florida, and Miller v. Alabama that capital punishment and life without parole are cruel and unusual as applied to juvenile non-homicidal offenders categorically and as applied to juvenile homicidal offenders without consideration of youth as a mitigating factor. There, however, was a door left open by these cases that allowed for judges to side-step the Court’s mandate. Using excessively long term-of-years sentences—longer than the most hopeful of estimates …
When Is Police Interrogation Really Police Interrogation? A Look At The Application Of The Miranda Mandate, Paul Marcus
When Is Police Interrogation Really Police Interrogation? A Look At The Application Of The Miranda Mandate, Paul Marcus
Catholic University Law Review
Decades after the Supreme Court’s decision in Miranda v. Arizona, questions abound as to what constitutes interrogation when a suspect is in custody. What appeared a concise, uniform rule has, in practice, left the Fifth Amendment waters muddied. This article addresses a potential disconnect between law enforcement and the courts by analyzing examples of issues arising from Miranda’s application in an array of case law. Ultimately, it attempts to clarify an ambiguity by offering a standard for what conduct classifies as an interrogation.
The Itunes Of Downloadable Guns: Firearms As A First Amendment Right, Sandra Sawan Lara
The Itunes Of Downloadable Guns: Firearms As A First Amendment Right, Sandra Sawan Lara
Catholic University Journal of Law and Technology
As society becomes more technology driven, legal issues continue to arise around the world. From privacy to national security, technology develops at a rate the law simply cannot keep up with. In the United States, one of the biggest legal issues is how the new risks technology brings will interfere with our individual liberties.
Technologies like three-dimensional (“3D”) printing have transformed everything from lifesaving surgeries to gun manufacturing. This technology has led to a whole new way of communicating via computer coding, with the online open source movement leading innovation by allowing for the sharing and editing of files freely. …
House Of Cards: How Rediscovering Republicanism Brings It Crashing Down, Jonathan E. Maddison
House Of Cards: How Rediscovering Republicanism Brings It Crashing Down, Jonathan E. Maddison
Catholic University Law Review
Using Frank Underwood’s maniacal political journey in the Netflix series House of Cards as an example of what is wrong with American politics, this article argues that the Supreme Court’s misapplication of First Amendment principles in Citizens United and other key campaign finance cases plays a large and problematic role. Providing an extensive historical overview of republicanism and First Amendment jurisprudence, this article suggests that a return to republican ideals, while not perfect, is both the solution and proper tool of analysis to be used by the Supreme Court for campaign finance cases and beyond.
State V. Brossart: Adapting The Fourth Amendment For A Future With Drones, Thomas Bryan
State V. Brossart: Adapting The Fourth Amendment For A Future With Drones, Thomas Bryan
Catholic University Law Review
No abstract provided.
Doe V. Wilmington Housing Authority: The Common Area Caveat As A Paradigmatic Balance Between Tenant Safety And Second Amendment Rights, Iyen Acosta
Catholic University Law Review
No abstract provided.
In Need Of Clarification: A Call To Define The Scope Of The Routine Booking Exception By Adopting The Legitimate Administrative Function Test, Elizabeth Parrish
In Need Of Clarification: A Call To Define The Scope Of The Routine Booking Exception By Adopting The Legitimate Administrative Function Test, Elizabeth Parrish
Catholic University Law Review
No abstract provided.
“The Lady Of The House” Vs. A Man With A Gun: Applying Kyllo To Gun-Scanning Technology, Sean K. Driscoll
“The Lady Of The House” Vs. A Man With A Gun: Applying Kyllo To Gun-Scanning Technology, Sean K. Driscoll
Catholic University Law Review
No abstract provided.
Blocking The Ballot: Why Florida’S New Voting Restrictions Demonstrate A Need For Continued Enforcement Of The Voting Rights Act Preclearance Requirement, Michael Ellement
Blocking The Ballot: Why Florida’S New Voting Restrictions Demonstrate A Need For Continued Enforcement Of The Voting Rights Act Preclearance Requirement, Michael Ellement
Catholic University Law Review
No abstract provided.
Shelby County V. Holder And The Voting Rights Act: Getting The Right Answer With The Wrong Standard, Michael James Burns
Shelby County V. Holder And The Voting Rights Act: Getting The Right Answer With The Wrong Standard, Michael James Burns
Catholic University Law Review
No abstract provided.
Prosecution Appeals Of Court-Ordered Midtrial Acquittals: Permissible Under The Double Jeopardy Clause?, David S. Rudstein
Prosecution Appeals Of Court-Ordered Midtrial Acquittals: Permissible Under The Double Jeopardy Clause?, David S. Rudstein
Catholic University Law Review
No abstract provided.
An Article I Theory Of The Inherent Powers Of The Federal Courts, Benjamin H. Barton
An Article I Theory Of The Inherent Powers Of The Federal Courts, Benjamin H. Barton
Catholic University Law Review
No abstract provided.