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Full-Text Articles in Law
Prosecutorial Accountability 2.0, Bruce Green, Ellen Yaroshefsky
Prosecutorial Accountability 2.0, Bruce Green, Ellen Yaroshefsky
Notre Dame Law Review
This Article describes the rhetorical and regulatory changes that characterize
the new prosecutorial accountability, identifies the conditions that
have enabled them to occur, and considers their implications. While identifying
various necessary conditions, the Article argues that information technology
has been the essential catalyst; the evolution could not be sustained
without the aggregation, accessibility, and communication of data and commentary
about prosecutorial misconduct that new information technology
makes readily available to the public. Given the permanence of information
technology in modern society, the Article concludes by cautiously predicting
that the contemporary regulatory movement will be sustained; the pendulum
will not swing …
Police Body-Worn Camera Policy: Balancing The Tension Between Privacy And Public Access In State Law, Kyle J. Maury
Police Body-Worn Camera Policy: Balancing The Tension Between Privacy And Public Access In State Law, Kyle J. Maury
Notre Dame Law Review
Body camera implementation remains in its infancy stage. As such,
there is a dearth of legal scholarship analyzing the policy considerations associated
with body cameras. Instead of raising the issues involved and assessing
arguments for and against implementation, this Note assumes body cameras
are a force for good and are here to stay for the long haul. Consequently, the
goal of this Note is to analyze various issues involved in administering body
cameras against a backdrop of recently enacted state legislation—focusing
specifically on the tension between protecting privacy interests while also
ensuring public access to recordings. This Note examines these …
A “Second Magna Carta”: The English Habeas Corpus Act And The Statutory Origins Of The Habeas Privilege, Amanda L. Tyler
A “Second Magna Carta”: The English Habeas Corpus Act And The Statutory Origins Of The Habeas Privilege, Amanda L. Tyler
Notre Dame Law Review
In my own scholarship, Fallon and Meltzer’s work on habeas models prompted me to dig deeper into the historical backdrop that informed ratification of the Suspension Clause and think harder about the relevance of that history for questions of constitutional interpretation. This, in turn, has spurred work that has occupied me for many years since. In the spirit of engaging with my federal courts professor one more time, this Article tells the story of the statutory origins of the habeas privilege—what Blackstone called a “second magna carta”—and argues that any explication of the constitutional privilege and discussion of how …
Corporate Criminal Minds, Mihailis E. Diamantis
Corporate Criminal Minds, Mihailis E. Diamantis
Notre Dame Law Review
In order to commit the vast majority of crimes, corporations must, in some sense, have mental states. Lawmakers and scholars assume that factfinders need fundamentally different procedures for attributing mental states to corporations and individuals. As a result, they saddle themselves with unjustifiable theories of mental state attribution, like respondeat superior, that produce results wholly at odds with all the major theories of the objectives of criminal law.
This Article draws on recent findings in cognitive science to develop a new, comprehensive approach to corporate mens rea that would better allow corporate criminal law to fulfill its deterrent, retributive, and …
The Promises And Perils Of Evidence-Based Corrections, Cecelia Klingele
The Promises And Perils Of Evidence-Based Corrections, Cecelia Klingele
Notre Dame Law Review
Public beliefs about the best way to respond to crime change over time, and have been doing so at a rapid pace in recent years. After more than forty years of ever more severe penal policies, the punitive sentiment that fueled the growth of mass incarceration in the United States appears to be softening. Across the country, prison growth has slowed and, in some places, has even reversed. Many new laws and policies have enabled this change. The most prominent of these implement or reflect what have been called “evidence-based practices” designed to reduce prison populations and their associated fiscal …
Dna And Distrust, Kerry Abrams, Brandon L. Garrett
Dna And Distrust, Kerry Abrams, Brandon L. Garrett
Notre Dame Law Review
Over the past three decades, government regulation and funding of DNA testing has reshaped the use of genetic evidence across various fields, including criminal law, family law, and employment law. Courts have struggled with questions of when and whether to treat genetic evidence as implicating individual rights, policy trade-offs, or federalism problems. We identify two modes of genetic testing: identification testing, used to establish a person’s identity, and predictive testing, which seeks to predict outcomes for a person. Judges and lawmakers have often drawn a bright line at predictive testing, while allowing uninhibited identification testing. The U.S. Supreme Court in …