Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Touro University Jacob D. Fuchsberg Law Center (8)
- West Virginia University (3)
- American University Washington College of Law (1)
- Florida International University College of Law (1)
- Florida State University College of Law (1)
-
- Northwestern Pritzker School of Law (1)
- Selected Works (1)
- The Catholic University of America, Columbus School of Law (1)
- The University of Akron (1)
- University of Georgia School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- Washington and Lee University School of Law (1)
- Publication Year
- Publication
- Publication Type
Articles 1 - 21 of 21
Full-Text Articles in Law
Criminal Advisory Juries: A Sensible Compromise For Jury Sentencing Advocates, Kurt A. Holtzman
Criminal Advisory Juries: A Sensible Compromise For Jury Sentencing Advocates, Kurt A. Holtzman
Northwestern Journal of Law & Social Policy
Supreme Court Justice Neil Gorsuch recently noted that “juries in our constitutional order exercise supervisory authority over the judicial function by limiting the judge’s power to punish.” Yet in the majority of jurisdictions, contemporary judge-only sentencing practices neuter juries of their supervisory authority by divorcing punishment from guilt decisions. Moreover, without a chance to voice public disapproval at sentencing, juries are muted in their ability to express tailored, moral condemnation for distinct criminal acts. Although the modern aversion to jury sentencing is neither historically nor empirically justified, jury sentencing opponents are rightly cautious of abdicating sentencing power to laypeople. Nevertheless, …
Brain-Computer-Interfacing & Respondeat Superior: Algorithmic Decisions, Manipulation, And Accountability In Armed Conflict, Salahudin Ali
Brain-Computer-Interfacing & Respondeat Superior: Algorithmic Decisions, Manipulation, And Accountability In Armed Conflict, Salahudin Ali
Catholic University Journal of Law and Technology
This article examines the impact that brain-computer-interfacing platforms will have on the international law of armed conflict’s respondeat superior legal regime. Major Ali argues that the connection between the human brain and this nascent technology’s underlying technology of artificial intelligence and machine learning will serve as a disruptor to the traditional mental prerequisites required to impart culpability and liability on commanders for actions of their troops. Anticipating that BCI will become increasingly ubiquitous, Major Ali’s article offers frameworks for solution to BCI’s disruptive potential to the internal law of armed conflict.
Due Process Supreme Court Appellate Division
Procedural Due Process Claims, Erwin Chemerinsky
Procedural Due Process Claims, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams
Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams
Touro Law Review
No abstract provided.
Police Misconduct - A Plaintiff's Point Of View, Fred Brewington
Police Misconduct - A Plaintiff's Point Of View, Fred Brewington
Touro Law Review
No abstract provided.
Criminal Prosecution And Section 1983, Barry C. Scheck
Criminal Prosecution And Section 1983, Barry C. Scheck
Touro Law Review
No abstract provided.
Procedural Due Process Claims, Erwin Chemerinsky
Procedural Due Process Claims, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Recentering Tribal Criminal Jurisdiction, Addie C. Rolnick
Recentering Tribal Criminal Jurisdiction, Addie C. Rolnick
Scholarly Works
The boundaries of modern tribal criminal jurisdiction are defined by a handful of clear rules—such as a limit on sentence length and a categorical prohibition against prosecuting most non-Indians—and many grey areas in which neither Congress nor the Supreme Court has specifically addressed a particular question. This Article discusses five of the grey areas: whether tribes retain concurrent jurisdiction to prosecute major crimes, whether tribes affected by Public Law 280 retain concurrent jurisdiction to prosecute a full range of crimes, whether tribes may prosecute Indians who are not citizens of any tribe, whether tribes may prosecute their own citizens for …
Suspicious Person Ordinances - Due Process Standards; Columbus V. Thompson, Joel R. Campbell
Suspicious Person Ordinances - Due Process Standards; Columbus V. Thompson, Joel R. Campbell
Akron Law Review
In the absence of circumstances involving First Amendment rights, we are left without guidelines as to the conduct which may be made criminal by local suspicious person ordinances. Because of this lack of adequate standards, a case by case determination of criminal conduct under the various ordinances is necessary. In Thompson the defendant's conduct was questionable and the court found the ordinance unconstitutionally vague. We can only hope that this decision has a sufficient impact upon law enforcement officials and local courts to minimize the injury resulting from vagueness.
Big Data And Predictive Reasonable Suspicion, Andrew Ferguson
Big Data And Predictive Reasonable Suspicion, Andrew Ferguson
Articles in Law Reviews & Other Academic Journals
The Fourth Amendment requires “reasonable suspicion” to seize a suspect. As a general matter, the suspicion derives from information a police officer observes or knows. It is individualized to a particular person at a particular place. Most reasonable suspicion cases involve police confronting unknown suspects engaged in observable suspicious activities. Essentially, the reasonable suspicion doctrine is based on “small data” – discrete facts involving limited information and little knowledge about the suspect.But what if this small data is replaced by “big data”? What if police can “know” about the suspect through new networked information sources? Or, what if predictive analytics …
The Jury's Constitutional Judgment, Nathan Chapman
The Jury's Constitutional Judgment, Nathan Chapman
Scholarly Works
Despite the early American jury’s near-mythical role as a check on overreaching government agents, the contemporary jury’s role in constitutional adjudication remains opaque. Should the jury have the right to nullify criminal statutes on constitutional grounds? Should the jury apply constitutional doctrine in civil rights suits against government officers? Should courts of appeals defer to the jury’s application of constitutional law, or review it de novo?
This Article offers the first holistic analysis of the jury’s role in constitutional adjudication. It argues that the Constitution’s text, history, and structure strongly support the jury’s authority to apply constitutional law to the …
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Touro Law Review
No abstract provided.
Federal Marital Privileges In A Criminal Context: The Need For Further Modification Since Trammel The
Washington and Lee Law Review
No abstract provided.
Abstracts Of Recent Cases, John Welton Fisher Ii
Abstracts Of Recent Cases, John Welton Fisher Ii
West Virginia Law Review
No abstract provided.
Comments On Recent Cases, Charles W. Ehrhardt
Comments On Recent Cases, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Abstracts Of Recent Cases, Aaron David Trub
Abstracts Of Recent Cases, Aaron David Trub
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, T. E. P.
Code Civil Et Pénal Du Judaïsme, Jean De Pavly
Code Civil Et Pénal Du Judaïsme, Jean De Pavly
Civil Codes (1800-1923)
Traduit pour la première fois sur l'original chaldéo-rabbinique accompagne de notes et extraits des commentaires précédé d'une lettre adressée a l'auteur au nom de sa majesté l'empereur de Russie.
Bibliothèque Orientale Elzévirienne; 71.