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United States Of America V. Robert Jared Smith, A/K/A J-Dog, Appeal From The United States District Court For The Southern District Of West Virginia, Margaret M. Lawton Nov 2008

United States Of America V. Robert Jared Smith, A/K/A J-Dog, Appeal From The United States District Court For The Southern District Of West Virginia, Margaret M. Lawton

Margaret M. Lawton

No abstract provided.


The Fourth Amendment And Privacy Implications Of Interior Immigration Enforcement, Anil Kalhan Jan 2008

The Fourth Amendment And Privacy Implications Of Interior Immigration Enforcement, Anil Kalhan

Anil Kalhan

This Article proposes privacy as a descriptive and normative framework to analyze the constellation of recent initiatives to expand interior enforcement of federal immigration laws. By expanding the circumstances in which individuals are expected to demonstrate their lawful presence in the United States, these various initiatives seek to transform the significance of immigration and citizenship status in day-to-day life from something largely invisible and irrelevant to something visible and salient in a variety of settings. This transformation, however, carries underappreciated social costs. Building upon scholarship theorizing privacy as protecting a set of social or structural interests, and using the U.S. …


Beyond Guantanamo, Obstacles And Options, Greg Mcneal Dec 2007

Beyond Guantanamo, Obstacles And Options, Greg Mcneal

Greg McNeal

The essay focuses on the structure of the military commission system, to date left largely unaltered by Boumediene, but which Congressional reformers will need to modify in order to ensure fair trials. In Part 1, I identify three specific structural reforms necessary to improve military commissions. In Part 2, I focus on obstacles created by the current commissions system which will affect the ability of Congressional reformers to abolish military commissions or transition to national security courts.


A Synthesis Of Literature On The Effectiveness Of Community Orders, Paul Heaton Dec 2007

A Synthesis Of Literature On The Effectiveness Of Community Orders, Paul Heaton

Paul Heaton

The U.K. National Audit Office (NAO) commissioned RAND Europe to conduct this review to identify and synthesize international research about the effectiveness of community orders in reducing re-offending. In this report, we review research on ten of the common requirements contained in community orders. Through examining reviews, systematic reviews and meta-analyses we draw conclusions about the state of research in the areas of unpaid work, mental health treatment, education/skills training, drug treatment, anger management, alcohol treatment, programmes for perpetrators of domestic abuse, regular probation, intensive probation and cognitive/behavioural programming. We also assess the strength of the evidence on whether each …


Peace: A Public Purpose For Punitive Damages?, Symposium: Punitive Damages, Due Process, And Deterrence: The Debate After Philip Morris V. Williams, Christopher J. Robinette Dec 2007

Peace: A Public Purpose For Punitive Damages?, Symposium: Punitive Damages, Due Process, And Deterrence: The Debate After Philip Morris V. Williams, Christopher J. Robinette

Christopher J Robinette

There is widespread agreement that tort (and criminal) law developed historically as an alternative to violence. Given that pedigree, it is not surprising that preserving the peace would be pursued as a goal of punitive damages, as is claimed in several cases and law review articles. The precise relationship between peace and punitive damages is left relatively vague. However, a recent article by Professor Anthony Sebok can be used to fill in the details.

Professor Sebok constructs a private-law theory of punitive damages that emphasizes two features. First, punitive damages are awarded for violations of only a certain kind of …


Establishing Separate Criminal And Civil Evidence Codes, John J. Capowski Dec 2007

Establishing Separate Criminal And Civil Evidence Codes, John J. Capowski

John J. Capowski

This article suggests that the Federal Rules of Evidence (Rules) should be separated into distinct criminal and civil evidence codes. The arguments for this separation are both practical and theoretical, and this article is the first comprehensive discussion of this proposed separation.

The most important of the arguments for bifurcation is that our current unified evidence code leads to inappropriate admission decisions. These inappropriate admission decisions most often occur when the interpretation of a rule in a criminal case is applied in later civil law cases. This result is in part because our rules, and their interpretations, are transubstantive; they …


Immigration Enforcement And Federalism After September 11, 2001, Anil Kalhan Dec 2007

Immigration Enforcement And Federalism After September 11, 2001, Anil Kalhan

Anil Kalhan

In recent years, the U.S. federal government has aggressively sought to involve state and local government institutions more extensively and directly in the day-to-day regulation of immigration status and the interior enforcement of federal immigration laws. In this chapter, I discuss two sets of these initiatives - the efforts to involve state and local police in routine immigration enforcement and the development of federal issuance and eligibility standards for state driver's licenses - in order to explore the ways in which these developments may challenge conventional assumptions about the relationships between state and local governments and their non-U.S. citizen residents. …