Digital Commons Network^™

Print And Online Resources For Factual Investigation In Connection With Real-Estate Transactions, Ruth Stevens

Ruth Stevens

No abstract provided.

Snatch And Grab Ops: Justifying Extraterritorial Abduction, Gregory Mcneal, Brian Field

Greg McNeal

The United States government is actively engaged in a search for individuals believed to have killed American citizens and destroyed American property. As most of these individuals live openly in foreign states hostile to the United States, achieving extradition often proves impossible. Despite repeated diplomatic efforts to secure the transfer of these terrorists to America, many continue to operate in foreign states under the protection of the host country's continued denial of the terrorist's presence within their borders. The problem of bringing these individuals to justice is further complicated by the fact that the United States is rarely able to …

Militarization And Policing—Its Relevance To 21st Century Police, Peter Kraska

Peter Kraska

This work examines the blurring distinctions between the police and military institutions and between war and law enforcement. In this article, the author asserts that understanding this blur, and the associated organizing concepts militarization and militarism, are essential for accurately analyzing the changing nature of security, and the activity of policing, in the late-modern era of the 21st century.

doi: 10.1093/police/pam065

Law As Symbol: Appearances In The Regulation Of Investment Advisers And Attorneys, Larry D. Barnett

Larry D Barnett

From a macrosociological perspective, law is an institution of society, is shaped by conditions in society, and facilitates social life by inter alia producing symbols. Law accordingly adopts concepts and principles that focus on the appearance to society of certain phenomena and that are symbols when the phenomena are socially significant. To illustrate symbols in law, the article examines (i) the "hold oneself out" standard in defining an investment adviser under the federal Investment Advisers Act and (ii) the standard for ethical conduct that requires attorneys to avoid appearances of impropriety. If symbolic concepts and principles are tied to the …

Plea Bargaining's Survival: Financial Crimes Plea Bargaining, A Continued Triumph In A Post-Enron World, Lucian E. Dervan

Lucian E Dervan

This article examines the war on financial crimes that began after the collapse of Enron in 2001. Although many believed that the reforms implemented following this scandal led to greater prosecutorial focus on financial crimes and longer prison sentences, an analysis of data from 1995 through 2006 reveals that little has actually changed. The statistics demonstrate that the government's focus on financial crimes has not increased and prison sentences for fraud have remained stagnant. How could this be the case? It is this author's hypothesis that although prosecutors could have chosen to use new statutes and amendments to the United …

The Immigrant Rights Marches Of 2006 And The Prospects For A New Civil Rights Movement, Bill Ong Hing, Kevin R. Johnson

Bill Ong Hing

In the spring of 2006, hundreds of thousands of U.S. citizens and immigrants peacefully marched in the streets of cities across the country. Such mass demonstrations advocating for the rights of immigrants are unprecedented in American history. Energy, enthusiasm, and a deep sense of urgency filled the air. The immigrant rights movement initially spread like wildfire. A second wave followed the initial protests. By the summer of 2006, however, there were signs that the immigrant rights movement had lost steam. A series of marches on and around Labor Day attracted far fewer people than those just a few months before. …

Constitutional Law: 2007 Year In Review, James R. May

James R. May

No abstract provided.

The Fourth Amendment Status Of Stored E-Mail: The Law Professors’ Brief In Warshak V. United States, Susan Freiwald, Patricia L. Bellia

Susan Freiwald

This paper contains the law professors' brief in the landmark case of Warshak v. United States, the first federal appellate case to recognize a reasonable expectation of privacy in electronic mail stored with an Internet Service Provider (ISP). While the 6th circuit's opinion was subsequently vacated and reheard en banc, the panel decision will remain extremely significant for its requirement that law enforcement agents must generally acquire a warrant before compelling an ISP to disclose its subscriber's stored e-mails. The law professors' brief, co-authored by Susan Freiwald (University of San Francisco) and Patricia L. Bellia (Notre Dame) and signed by …

A First Principles Approach To Communications' Privacy, Susan Freiwald

Susan Freiwald

The Myth Of Individualism And The Appeal Of Tort Reform, Martin A. Kotler

Martin A. Kotler

This Article examines the relationship between the American political culture of individualism and long-standing, well-established tort doctrine. Although much of the doctrine in the abstract is obviously reflective of the prevailing political culture, there remains a certain ambivalence. Thus, when judges and jurors are faced with deciding concrete cases before them, they frequently abandon their professed commitment to mythological notions of self-sufficiency and personal responsibility and find the injured plaintiff to be entitled to compensation.

The modern American tort reform movement’s recognition of this ambivalence underlies the essential strategy for reform. The reformers’ goals are more far reaching than the …