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Articles 1 - 30 of 41
Full-Text Articles in Law
Hostility Is In The Eye Of The Beholder: Why Congress Should Decriminalize Hostile Work Environment Sexual Harassment In The Military, Adam J. Crane
Hostility Is In The Eye Of The Beholder: Why Congress Should Decriminalize Hostile Work Environment Sexual Harassment In The Military, Adam J. Crane
Criminal Law Practitioner
In 2022, for the first time in American history, Congress enacted legislation criminalizing hostile work environment sexual harassment. More serious types of sexual harassment have long been criminal under the Uniform Code of Military Justice, but hostile work environment harassment is a civil wrong, not a crime, and should not have been made into one. Section 539D of the National Defense Authorization Act for Fiscal Year 2022 (now listed under Article 134, UCMJ (Sexual Harassment), is both unconstitutional and counterproductive. It violates the Fifth Amendment for vagueness by failing to provide fair notice of what is prohibited, and the First …
With Unanimity And Justice For All: The Case For Retroactive Application Of The Unanimous Jury Verdict Requirement, Kara Kurland
With Unanimity And Justice For All: The Case For Retroactive Application Of The Unanimous Jury Verdict Requirement, Kara Kurland
Northwestern Journal of Law & Social Policy
Until the Supreme Court’s 2020 decision in Ramos v. Louisiana, non-unanimous jury verdicts were constitutional and utilized in two states: Louisiana and Oregon. The Ramos decision not only declared the practice of non-unanimous jury verdicts unconstitutional, but it also emphasized the essential nature of jury verdict unanimity in criminal trials throughout American history and legal jurisprudence. A year later, in Edwards v. Vannoy, the Court considered retroactive application of Ramos. Utilizing the test created in Teague v. Lane that assessed the retroactivity of new rules of criminal procedure, the Court announced that, despite the essential nature of the unanimous jury …
Let's Make Some "Scents" Of Our Fourth Amendment Rights: The Discriminatory Truths Behind Using The Mere Smell Of Burnt Marijuana As Probable Cause To Search A Vehicle, Alessandra Dumenigo
Let's Make Some "Scents" Of Our Fourth Amendment Rights: The Discriminatory Truths Behind Using The Mere Smell Of Burnt Marijuana As Probable Cause To Search A Vehicle, Alessandra Dumenigo
St. Thomas Law Review
This Comment addresses the negative effects that have resulted and will continue to result if police officers are encouraged by jurisprudence to conduct a warrantless search of an entire vehicle based on the smell of burnt marijuana. Warrantless searches of an entire vehicle based merely on the smell of burnt marijuana grant officers unlimited power that will likely result in police misconduct, an increase in racially profiled traffic stops, and a distrust between police officers and the Black community amid the nationwide outrage over the death of George Floyd. Part II of this Comment discusses the history of the Fourth …
How The Race Of A Neighborhood Criminalizes The Citizens Living Within: A Focus On The Supreme Court And The "High Crime Neighborhood", Deandre' Augustus
How The Race Of A Neighborhood Criminalizes The Citizens Living Within: A Focus On The Supreme Court And The "High Crime Neighborhood", Deandre' Augustus
St. Thomas Law Review
My whole life I was taught that all men are not created equal. This was beaten into my brain by my loving mother who just wanted me to be safe. You see, this message was part of what most young Black men hear when given “the talk.” I remember multiple variations of the talk given to me throughout my early childhood. However, a variation of the talk was most vividly remembered while taking our dog for a walk around my neighborhood with my mother. At the time, we lived in a suburban area, in a predominantly White neighborhood of Baton …
Due Process Supreme Court Appellate Division
Due Process Pringle V. Wolfe (Decided 28, 1996)
Due Process Pringle V. Wolfe (Decided 28, 1996)
Touro Law Review
No abstract provided.
Due Process People V. Scott (Decided June 5, 1996)
Due Process People V. Scott (Decided June 5, 1996)
Touro Law Review
No abstract provided.
Double Jeopardy Supreme Court Appellate Division Second Department
Double Jeopardy Supreme Court Appellate Division Second Department
Touro Law Review
No abstract provided.
Sniffing Out The Fourth Amendment: United States V. Place-Dog Sniffs-Ten Years Later, Hope Walker Hall
Sniffing Out The Fourth Amendment: United States V. Place-Dog Sniffs-Ten Years Later, Hope Walker Hall
Maine Law Review
In the endless and seemingly futile government war against drugs, protections afforded by the Fourth Amendment of the United States Constitution may have fallen by the wayside as courts struggle to deal with drug offenders. The compelling government interest in controlling the influx of drugs all too often results in a judicial attitude that the ends justify the means. Judges can be reluctant to exclude evidence of drugs found in an unlawful search pursuant to the exclusionary rule, which provides that illegally obtained evidence may not be used at trial. The exclusion of drugs as evidence in drug cases often …
Standing Under State Search And Seizure Provision: Why The Minnesota Supreme Court Should Have Rejected The Federal Standards And Instead Invoked Greater Protection Under Its Own Constitution In State V. Carter, Rebecca C. Garrett
Maine Law Review
In State v. Carter, the Minnesota Supreme Court considered whether a criminal defendant had “standing” to challenge an alleged search under the Fourth Amendment and Article 1, Section 10 of the Minnesota Constitution. The defendant moved to suppress evidence obtained by a police officer who had peered in the window of an apartment where the defendant was participating in a drug-packaging operation with the apartment's leaseholder. A divided court held that the defendant had a legitimate expectation of privacy in the apartment. Therefore, the defendant had standing to challenge the legality of the police officer's observations pursuant to the Fourth …
Foreword: Criminal Procedure In Winter, Daniel Epps
Foreword: Criminal Procedure In Winter, Daniel Epps
Loyola of Los Angeles Law Review
No abstract provided.
Rights Of State Prisoners - Federal Court Intervention In State Prison Administration; Jones V. Wittenberg, Ronald L. Collins
Rights Of State Prisoners - Federal Court Intervention In State Prison Administration; Jones V. Wittenberg, Ronald L. Collins
Akron Law Review
The path to federal court intervention into state prison administration has been a tortuous and rocky one.... Jones v. Wittenberg carries federal court intervention into state prison administration to new lengths. Until more basic and lasting changes are made on the part of society and the states, such intervention seems to be the best chance for ameliorating conditions in our state penal systems.
Search And Seizure - Warrantless Search- Allowable Extent Incident To Arrest; United States V. Robinson, John Nelson Childs
Search And Seizure - Warrantless Search- Allowable Extent Incident To Arrest; United States V. Robinson, John Nelson Childs
Akron Law Review
DISTRICT OF COLUMBIA Metropolitan Policeman Richard Jencks, on April 19, 1968, halted Willie Robinson for a "routine spot check."' While examining Robinson's driver's license, motor vehicle registration, and selective service card, Officer Jencks noticed an 11-year discrepancy between the two birthdates listed on his driver's license and his draft card. Upon a later check of police traffic records, Officer Jencks discovered that an operator's permit issued to "Willie Robinson, Jr.," born in 1927, had been revoked and that a temporary license had been issued to a "Willie Robinson," born in 1938. Four days later, the same officer observed Robinson operating …
Searches And Seizures - Banks And Banking - Witnesses - Right To Privacy; California Bankers Association V. Schultz, David F. Dybvig
Searches And Seizures - Banks And Banking - Witnesses - Right To Privacy; California Bankers Association V. Schultz, David F. Dybvig
Akron Law Review
FOLLOWING EXTENSIVE HEARINGS, Congress enacted what has become known as the Bank Secrecy Act of 1970. In California Bankers Association v. Schultz, certain parts of the Act were subjected to constitutional attack by various plaintiffs, including individual bank customers, a national bank, a bankers association, and the American Civil Liberties Union, representing itself and its bank customer members. The plaintiffs' challenges rested on the first, fourth, fifth, ninth, tenth, and fourteenth amendments.
Sixth Amendment; Right Of Confrontation; Unavailalbe Witness; State V. Roberts, Christopher C. Manthey, Carol G. Simonetti
Sixth Amendment; Right Of Confrontation; Unavailalbe Witness; State V. Roberts, Christopher C. Manthey, Carol G. Simonetti
Akron Law Review
"THE SIXTH AMENDMENT to the Constitution states that "[iln all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him .... ." This seems simple and absolute, but case law has proven it to be neither; almost every phrase has been dissected and interpreted by courts and commentators. In fact, there may be more law review articles on this subject than there are cases.1 Some of the questions that could be asked are: What is meant by "all criminal prosecutions?" Does this require confrontation in preliminary hearings? Does "shall enjoy the …
An Analysis Of The Legal And Practical Implications Of The Potential Increased Participation In Jury Service By Racial Minorities In The U.S. Criminal Justice System, Brian Keith Leonard
An Analysis Of The Legal And Practical Implications Of The Potential Increased Participation In Jury Service By Racial Minorities In The U.S. Criminal Justice System, Brian Keith Leonard
West Virginia Law Review
No abstract provided.
Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali
Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali
Touro Law Review
No abstract provided.
Criminal Court, Kings County, People V. Artusa, Jessica Miller
Criminal Court, Kings County, People V. Artusa, Jessica Miller
Touro Law Review
No abstract provided.
A Justified Obligation: Counsel’S Duty To File A Requested Appeal In A Post-Waiver Situation, Lauren Gregorcyk
A Justified Obligation: Counsel’S Duty To File A Requested Appeal In A Post-Waiver Situation, Lauren Gregorcyk
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The California Constitution And Counsel At Pretrial Lineups: Disneyland Claims Or Deadly Serious Business? , John Moravek
The California Constitution And Counsel At Pretrial Lineups: Disneyland Claims Or Deadly Serious Business? , John Moravek
Pepperdine Law Review
No abstract provided.
Coy V. Iowa: A Constitutional Right Of Intimidation, John A. Mayers
Coy V. Iowa: A Constitutional Right Of Intimidation, John A. Mayers
Pepperdine Law Review
No abstract provided.
Thompson V. Oklahoma: Debating The Constitutionality Of Juvenile Executions, Susan M. Simmons
Thompson V. Oklahoma: Debating The Constitutionality Of Juvenile Executions, Susan M. Simmons
Pepperdine Law Review
No abstract provided.
Evidence Of Mental Disorder On Mens Rea: Constitutionality Of Drawing The Line At The Insanity Defense , Harlow M. Huckabee
Evidence Of Mental Disorder On Mens Rea: Constitutionality Of Drawing The Line At The Insanity Defense , Harlow M. Huckabee
Pepperdine Law Review
No abstract provided.
The Constitutionality Of The Federal Sentencing Reform Act After Mistretta V. United States, Charles R. Eskridge Iii
The Constitutionality Of The Federal Sentencing Reform Act After Mistretta V. United States, Charles R. Eskridge Iii
Pepperdine Law Review
No abstract provided.
Setting Us Up For Disaster: The Supreme Court's Decision In Terry V. Ohio, Thomas B. Mcaffee
Setting Us Up For Disaster: The Supreme Court's Decision In Terry V. Ohio, Thomas B. Mcaffee
Nevada Law Journal
No abstract provided.
Tortured History: Finding Our Way Back To The Lost Origins Of The Eighth Amendment, Celia Rumann
Tortured History: Finding Our Way Back To The Lost Origins Of The Eighth Amendment, Celia Rumann
Pepperdine Law Review
No abstract provided.
Assassination, The War On Terrorism, And The Constitution, Rodney A. Smolla
Assassination, The War On Terrorism, And The Constitution, Rodney A. Smolla
University of Richmond Law Review
No abstract provided.
Vehicle Searches – The Automobile Exception: The Constitutional Ride From Carroll V. United States To Wyoming V. Houghton, Martin L. O'Connor
Vehicle Searches – The Automobile Exception: The Constitutional Ride From Carroll V. United States To Wyoming V. Houghton, Martin L. O'Connor
Touro Law Review
No abstract provided.