Digital Commons Network^™

White V. Hesse: Challenging An Oklahoma County's Bail Practices Under The Americans With Disabilities Act And The Rehabilitation Act, Andrew Hamm

Articles in Law Reviews & Journals

No abstract provided.

When Your Colonizers Are Hypocrites: Federal Poverty "Solutions" And Indigenous Survival Of Sex Trafficking In Indian Country, Alix Bruce

Articles in Law Reviews & Journals

No abstract provided.

"Enough's Enough": Protest Law And The Tradition Of Chilling Indigenous Free Speech, Alix H. Bruce

Articles in Law Reviews & Journals

Indigenous peoples in the United States were not granted the full scope of their rights as citizens under the Constitution until the enactment of the Indian Citizenship Act of 1924. Before that—and after—several state and federal campaigns worked to stifle the civil rights of Indigenous peoples. Many of those unjust and unconstitutional policies were upheld by the Supreme Court. In the current era, the anti-pipeline protests on the edge of the Standing Rock Sioux Reservation in North Dakota sparked a new recognition of Indigenous resistance under the First Amendment—and vicious state and federal backlash against Indigenous free speech via the …

Visa Denied: Why Courts Should Review A Consular Officer’S Denial Of A U.S. Citizen Family Member’S Visa, Gabriela Baca

Articles in Law Reviews & Journals

Before entering the United States for permanent or temporary residence, most noncitizens must complete a series of administrative procedures and background checks. The final step in the process is an interview with a consular officer in the noncitizen’s home country. That step, in most cases, determines whether a spouse can permanently rejoin her U.S.-citizen husband or wife in the United States or whether another immediate family member can permanently reside in the same home as her U.S.-citizen family member. After a consular officer decides to admit or deny entry to a noncitizen family member, there are limited opportunities for administrative …

How Students Became Criminals: The Similarities Between “Stop And Frisk” And School Searches And The Effect On Delinquency Rates, Rachel N. Johnson

Articles in Law Reviews & Journals

No abstract provided.

Reaching Beyond The State: Judicial Independence, The Inter-American Court Of Human Rights And Accountability In Guatemala, Edward H. Warner, Davis Jeffery

Articles in Law Reviews & Journals

The authors examine the role of the Inter-American Court of Human Rights in its efforts to impose accountability for human rights violations in Latin America. They suggest that because domestic enforcement mechanisms are irreconcilably deficient in this task, accountability must emanate from beyond the state. They test this contention by examining one of the most challenging nations in the region – Guatemala.

Expanding The Scope Of The Good-Faith Exception To The Exclusionary Rule To Include A Law Enforcement Officer's Reasonable Reliance On Well-Settled Case Law That Is Subsequently Overruled, Ross Oklewicz

Articles in Law Reviews & Journals

In 2009, the Supreme Court handed down several important decisions on criminal procedure. Perhaps unanticipated at the time, two of those decisions have been read together by lower courts to reach dramatically different results. The emerging split has been sharp, bringing with it urgent calls for the Court to intervene.

Laying the foundation for the conflicting decisions was New York v. Belton, in which the Supreme Court held that “when a policeman has made a lawful custodial arrest of the occupant of an automobile, he may, as a contemporaneous incident of that arrest, search the passenger compartment of the automobile” …

Stepping Out Of The Vehicle: The Potential Of Arizona V. Gant To End Automatic Searches Incident To Arrest Beyond The Vehicular Context, Angad Singh

Articles in Law Reviews & Journals

“Because the law says we can do it” was the response Officer Griffith offered when asked why officers searched Rodney Gant’s car when he was arrested for driving with a suspended license. Officer Griffith’s honest answer exemplifies the effect of prior Supreme Court decisions on search incident to arrest power in the vehicle context: that a vehicle search incident to arrest is a police entitlement divorced from any rationale whatsoever. Concerns for officer safety and preservation of evidence -- legal justifications that generally permit warrantless searches incident to arrest generally -- had been utterly abandoned by the Court in the …

The Post-Medellin Case For Legislative Standing, James A. Turner

Articles in Law Reviews & Journals

After the terrorist attacks against the United States on September 11, 2001, the balance of power between the executive and legislative branches of government in this country shifted. President Bush expanded the executive’s unilateral authority in international affairs and war powers. Both President Bush and President Obama have extended executive power, and then staunchly protected their expansion of authority from limitation by the legislative and judicial branches. Further, Bush’s use of presidential signing statements to undermine legislative intent suggests that the executive’s power to avoid legislative input may be virtually limitless.

The Supreme Court’s 2008 Medellín v. Texas decision appeared …

Protecting The Family Pet: The New Face Of Maryland: Domestic Violence Protective Orders, Gary C. Norman

Articles in Law Reviews & Journals

Domestic violence is on the rise, and pets are increasingly becoming the victims of marital disputes. There is a demonstrated link between acts and offenses of domestic violence and animal abuse. Domestic abusers often do not think twice about beating or otherwise harming pets that have bonded with the other spouse in order to control, coerce, intimidate, or cause emotional harm to that spouse.

There is an emerging awareness that animals are more than just property. Several states have recognized, through the enactment of legislation fortifying their family law systems, that animals play an integral role in the lives of …

The Model Rules Of Professional Conduct And Campaign Activities, Lauren Gilius

Articles in Law Reviews & Journals

Attorneys have special social privileges; they can file complaints on behalf of clients, and compel parties to appeal for depositions. As a result, attorneys are "officers of the court" and the local Bar carefully scrutinizes their professional and personal behavior. When an attorney fails to maintain the high standard of trust required of the profession, the legal community in which the attorney is licensed to practice may impose sanctions. In addition to judges' and lawyers' private conduct outside of a professional capacity, sanctions apply to the non-professional public conduct. This article discusses how legal ethics rules apply to political activities …

Help America Vote Act Enforcement, Tiana Butcher

Articles in Law Reviews & Journals

Although the Help America Vote Act of 2002 (HAVA) features extensive mandates, its enforcement provisions are weaker than those found in previous federal election reform laws,including the Voting Rights Act and the National Voter Registration Act. Activists argue this limited enforcement power is a failing of the Act. Congress may have chosen to adopt weak enforcement mechanisms due to political posturing, lack of funding, faulty technology, or lobbying by the states. Regardless of the reason behind this choice, stronger enforcement mechanisms in HAVA would, paradoxically, fail to encourage election reform or deter election reform altogether.