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Articles 1 - 15 of 15
Full-Text Articles in Entire DC Network
The Age Of Unreason: The Impact Of Reasonableness, Increased Police Force, And Colorblindness On Terry "Stop And Frisk", Omar Saleem
Journal Publications
No abstract provided.
Glide Path To An "Inclusionary Rule": How Expansion Of The Good Faith Exception Threatens To Fundamentally Change The Exclusionary Rule, James P. Fleissner
Glide Path To An "Inclusionary Rule": How Expansion Of The Good Faith Exception Threatens To Fundamentally Change The Exclusionary Rule, James P. Fleissner
Mercer Law Review
During recent political debates over the federal budget deficit, it became fashionable to speak of a "glide path" to a balanced budget. Advocates of a budget plan would plan certain tax rates and spending limits, factor in a set of economic assumptions, and graph a swooping path of declining deficits over several years. Needless to say, that sort of exercise in prediction does not involve the sort of odds that would inspire confidence in a gambler. The accuracy of the beguiling graph, of course, depends on whether tax and spending commitments are kept and whether a host of economic assumptions …
Temporary Tactic To Combat Drug Cartels, Porcher L. Taylor Iii
Temporary Tactic To Combat Drug Cartels, Porcher L. Taylor Iii
School of Professional and Continuing Studies Faculty Publications
In an effort to wipe out the profits in illegal drug trafficking and thus strike a lethal blow against this business, Congress should consider a one-year suspension of the probable cause requirement for property search warrants for drugs under the Fourth Amendment, but without the concomitant arrests and prosecutions.
Introduction: Prosecutorial Ethics And The Right To A Fair Trial: The Role Of The Brady Rule In The Modern Criminal Justice System, Lewis R. Katz
Introduction: Prosecutorial Ethics And The Right To A Fair Trial: The Role Of The Brady Rule In The Modern Criminal Justice System, Lewis R. Katz
Faculty Publications
Introduction to the Introduction Symposium: Prosecutorial Ethics and the Right to a Fair Trial: The Role of the Brady Rule in the Modern Criminal Justice System, Cleveland, Ohio, 2007.
Mapp After Forty Years: Its Impact On Race In America, Lewis R. Katz
Mapp After Forty Years: Its Impact On Race In America, Lewis R. Katz
Faculty Publications
No abstract provided.
United States V. Ross: Evolving Standards For Warrantless Searches, Lewis R. Katz
United States V. Ross: Evolving Standards For Warrantless Searches, Lewis R. Katz
Faculty Publications
The purpose of this Article is to examine the Ross decision and its implications for related fourth amendment areas. It will also discuss the automobile exception, the broad scope of warrantless searches, and the possible emergence of a public place-proba
Reflections On Search And Seizure And Illegally Seized Evidence In Canada And The United States, Lewis R. Katz
Reflections On Search And Seizure And Illegally Seized Evidence In Canada And The United States, Lewis R. Katz
Faculty Publications
No abstract provided.
No More Excuses: Closing The Door On The Voluntary Intoxication Defense, 30 J. Marshall L. Rev. 535 (1997), Chad J. Layton
No More Excuses: Closing The Door On The Voluntary Intoxication Defense, 30 J. Marshall L. Rev. 535 (1997), Chad J. Layton
UIC Law Review
No abstract provided.
Technologically-Assisted Physical Surveillance: The American Bar Association's Tentative Draft Standards, Christopher Slobogin
Technologically-Assisted Physical Surveillance: The American Bar Association's Tentative Draft Standards, Christopher Slobogin
Vanderbilt Law School Faculty Publications
As the name implies, the American Bar Association's Tentative Draft Standards Concerning Technologically-Assisted Physical Surveillance is a work in progress...Final approval by the ABA hierarchy is still some time away, so feedback could have an impact. Indeed, it is anticipated that the content of at least some of the standards will change prior to their submission to the House of Delegates...The work of the Task Force on Technology and Law Enforcement has persuasively demonstrated that some regulatory structure governing the use of physical surveillance technology is necessary. This work provides a model for future attempts to establish guidelines for other …
Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, And The Fiction Of Consent, Guy-Uriel Charles
Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, And The Fiction Of Consent, Guy-Uriel Charles
Faculty Scholarship
The problems of public housing-including crime, drugs, and gun violence- have received an enormous amount of national attention. Much attention has also focused on warrantless searches and consent searches as solutions to these problems. This Note addresses the constitutionality of these proposals and asserts that if the Supreme Court's current Fourth Amendment jurisprudence is taken to its logical extremes, warrantless searches in public housing can be found constitutional. The author argues, however, that such an interpretation fails to strike the proper balance between public need and privacy in the public housing context. The Note concludes by proposing alternative consent-based regimes …
The Age Of Unreason: The Impact Of Reasonableness, Increased Police Force, And Colorblindness On Terry "Stop And Frisk", Omar Saleem
Oklahoma Law Review
No abstract provided.
Race, Cops, And Traffic Stops, Angela J. Davis
Race, Cops, And Traffic Stops, Angela J. Davis
Articles in Law Reviews & Other Academic Journals
This article discusses the Supreme Court's failure to provide a clear and effective remedy for discriminatory pretextual traffic stops. The first part explores the discretionary nature of pretextual stops and their discriminatory effect on African-Americans and Latinos. Then, the article examines Whren v. United States, a Supreme Court case in which the petitioners claimed that these “pretextual stops” violate the Fourth Amendment to the Constitution and are racially discriminatory. The Supreme Court rejected the claim, upholding the constitutionality of pretextual stops based on probable cause and noting that claims of racial discrimination must be challenged under the Equal Protection Clause. …
The Buck Stops Here: Illinois Criminalizes Support For International Terrorism, 30 J. Marshall L. Rev. 871 (1997), Victoria Meyerov
The Buck Stops Here: Illinois Criminalizes Support For International Terrorism, 30 J. Marshall L. Rev. 871 (1997), Victoria Meyerov
UIC Law Review
No abstract provided.
Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, And The Fiction Of Consent, Guy-Uriel E. Charles
Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, And The Fiction Of Consent, Guy-Uriel E. Charles
Michigan Journal of Race and Law
The problems of public housing-including crime, drugs, and gun violence- have received an enormous amount of national attention. Much attention has also focused on warrantless searches and consent searches as solutions to these problems. This Note addresses the constitutionality of these proposals and asserts that if the Supreme Court's current Fourth Amendment jurisprudence is taken to its logical extremes, warrantless searches in public housing can be found constitutional. The author argues, however, that such an interpretation fails to strike the proper balance between public need and privacy in the public housing context. The Note concludes by proposing alternative consent-based regimes …
Terry V. Ohio At Thirty: A Revisionist View, Lewis R. Katz
Terry V. Ohio At Thirty: A Revisionist View, Lewis R. Katz
Faculty Publications
In this Article, I suggest that, while the Warren Court provided a needed tool to police, it failed to achieve its stated purpose of tying the practice to the Fourth Amendment reasonableness standard. First, the Court failed to adequately define an "investigatory stop," leading later courts to harden the definition, eliminating the Fourth Amendment from most on-the-street police-citizen encounters. Second, the facts in Terry failed to meet the reasonableness standard Chief Justice Warren purported to apply and which subsequently has been further weakened in later cases. Finally, the decision in Terry failed to strike a meaningful Fourth Amendment balance between …