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Articles 1 - 16 of 16
Full-Text Articles in Law
Sexual Consent And Disability, Jasmine E. Harris
Sexual Consent And Disability, Jasmine E. Harris
All Faculty Scholarship
Our nation is engaged in deep debate over sexual consent. But to date the discussion has overlooked sexual consent’s implications for a key demographic: people with mental disabilities, for whom the reported incidence of sexual violence is three times that of the nondisabled population. Even as popular debate overlooks the question of sexual consent for those with disabilities, contemporary legal scholars critique governmental overregulation of this area, arguing that it diminishes the agency and dignity of people with disabilities. Yet in defending their position, these scholars rely on empirical data from over twenty years ago, when disability and sexual assault …
Dna Typing: Emerging Or Neglected Issues, David H. Kaye, Edward J. Imwinkelried
Dna Typing: Emerging Or Neglected Issues, David H. Kaye, Edward J. Imwinkelried
David Kaye
DNA typing has had a major impact on the criminal justice system. There are hundreds of opinions and thousands of cases dealing with DNA evidence. Yet, at virtually every stage of the process, there are important issues that are just emerging or that have been neglected.At the investigative stage, courts have barely begun to focus on the legal limitations on the power of the police to obtain samples directly from suspects and to use the data from DNA samples in various ways. Issues such as the propriety of "DNA dragnets" (in which large numbers of individuals in a geographic area …
After Rape Law: Will The Turn To Consent Normalize The Prosecution Of Sexual Assault?, Donald Dripps
After Rape Law: Will The Turn To Consent Normalize The Prosecution Of Sexual Assault?, Donald Dripps
Akron Law Review
This essay explores the new rape exceptionalism. My thesis holds that rape exceptionalism is rooted in a divide between elite opinion, reflected in statutes, court decisions, and academic commentary, and popular opinion, as reflected in jury verdicts. Elite opinion values sexual autonomy and suspects, when it does not despise, sexual aggression. Popular opinion supposes that sexual autonomy may be forfeited by female promiscuity or flirtation, and views male sexual aggression as natural, if not indeed admirable...pressions of consent,8 is an academic exercise. If we really want to normalize rape law, we must bypass the jury openly. We can’t conceal the …
Storming The Castle: Fernandez V. California And The Waning Warrant Requirement, Joshua Bornstein
Storming The Castle: Fernandez V. California And The Waning Warrant Requirement, Joshua Bornstein
Loyola of Los Angeles Law Review
No abstract provided.
Appellate Division, Fourth Department, People V. Hall, Eric Pack
Appellate Division, Fourth Department, People V. Hall, Eric Pack
Touro Law Review
No abstract provided.
Substance And Method In The Year 2000, Akhil Reed Amar
Substance And Method In The Year 2000, Akhil Reed Amar
Pepperdine Law Review
No abstract provided.
Roving Border Patrols In New York – Sometimes The Drug Smuggler Does Not Get Convicted: The Legal Limitations Regarding Vehicle Stops And Consent Searches Based Upon Reasonable Suspicion - People V. Banisadr, Robert Mitchell
Touro Law Review
No abstract provided.
It’S In The Bag: Voluntariness, Scope, And The Authority To Grant Consent - United States V. Harris, Daniel Fier
It’S In The Bag: Voluntariness, Scope, And The Authority To Grant Consent - United States V. Harris, Daniel Fier
Touro Law Review
No abstract provided.
Unasked (And Unanswered) Questions About The Role Of Neuroimaging In The Criminal Trial Process, Michael L. Perlin, Valerie Mcclain
Unasked (And Unanswered) Questions About The Role Of Neuroimaging In The Criminal Trial Process, Michael L. Perlin, Valerie Mcclain
Articles & Chapters
The robust neuroimaging debate has dealt mostly with philosophical questions about free will, responsibility, and the relationship between brain abnormalities, violence and crime. This debate, however, obscures several important issues of criminal procedure to which little attention has as of yet been paid: 1) an indigent defendant's right of access to expert testimony in cases where neuroimaging tests might be critical, 2) a defendant's competency to consent to the imposition of a neuroimaging test; and 3) the impact of antipsychotic medications on a defendant's brain at the time that such a test is performed. This article will consider these questions …
Maintaining The Presumption Of Innocence In Date Rape Trials Through The Use Of Language Orders: State V. Safi And The Banning Of The Word "Rape", Jason Wool
William & Mary Journal of Race, Gender, and Social Justice
This note evaluates the use of language orders in date rape trials in which the defense is consent through a case study of State v. Safi, in which Tory Bowen claims that Pamir Safi date raped her. In that case, the trial judge granted a motion by the defense to prevent the prosecution and any of their witnesses from using words such as "rape" and "sexual assault." Using State v. Safi as a starting point, the author examines the use of such trial orders from the perspective of both defendants and victims. The author concludes that a modified version of …
Dna Typing: Emerging Or Neglected Issues, David H. Kaye, Edward J. Imwinkelried
Dna Typing: Emerging Or Neglected Issues, David H. Kaye, Edward J. Imwinkelried
Journal Articles
DNA typing has had a major impact on the criminal justice system. There are hundreds of opinions and thousands of cases dealing with DNA evidence. Yet, at virtually every stage of the process, there are important issues that are just emerging or that have been neglected.
At the investigative stage, courts have barely begun to focus on the legal limitations on the power of the police to obtain samples directly from suspects and to use the data from DNA samples in various ways. Issues such as the propriety of "DNA dragnets" (in which large numbers of individuals in a geographic …
Search By Consent, Jerold H. Israel
Search By Consent, Jerold H. Israel
Book Chapters
My topics this morning are eavesdropping, search by consent and entrance gained by fraud and deceit. You should be forewarned that these are areas in which the law has been "on the move" for the past few years. Changes have occurred and still more will take place in the future. I will attempt to anticipate some of those developments, but, obviously, the only safe course is keeping up-to-date through continuing education. In covering my assigned topics, I hope to paint with a rather broad brush. It has always been my feeling that the pohce officer cannot be expected to learn …
Scientific Investigation Of Intoxication, Bernard J. Conley
Scientific Investigation Of Intoxication, Bernard J. Conley
Cleveland State Law Review
The thirty years in which chemical testing for intoxication has had its inception and development has coincided with the thirty years in which the protection of the rights of the accused has almost obliterated the rights of our society to protect itself from persons bent on mischief. Despite this trend the courts have seen fit to encourage the advancement of the presentation of scientific evidence to enable the courts, both civil and criminal,to arrive at intelligent and just decisions. Scientific evidence,qualified by the ability and integrity of the expert, is the result of intelligent, systematized and skillful experimentation and research …
Scientific Investigation Of Intoxication, Bernard J. Conley
Scientific Investigation Of Intoxication, Bernard J. Conley
Cleveland State Law Review
The thirty years in which chemical testing for intoxication has had its inception and development has coincided with the thirty years in which the protection of the rights of the accused has almost obliterated the rights of our society to protect itself from persons bent on mischief. Despite this trend the courts have seen fit to encourage the advancement of the presentation of scientific evidence to enable the courts, both civil and criminal,to arrive at intelligent and just decisions. Scientific evidence,qualified by the ability and integrity of the expert, is the result of intelligent, systematized and skillful experimentation and research …
Criminal Law And Procedure - Conspiracy - Conviction Of Woman Transported In Violation Of Mann Act
Criminal Law And Procedure - Conspiracy - Conviction Of Woman Transported In Violation Of Mann Act
Michigan Law Review
Defendants, a man and woman, were indicted and convicted under the conspiracy statute for conspiring together to violate the Mann Act, the only evidence of the woman's cooperation being her mere consent to transportation for immoral purposes. The conviction was affirmed by the court of appeals, and reversed by the Supreme Court of the United States on the ground that the evidence was insufficient to support the conviction of the woman. Gebardi v. United States, (U.S. 1932), 53 Sup. Ct. 35.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Assignments- Assignment of an Expectancy - Joseph and James were two of six children. A contract witnessed "that Joseph Snyder has sold to James Snyder one undivided sixth of the real estate owned by the mother, Susan Snyder; to secure said interest to James after her death, the mother unites in the conveyance of said interest The said Joseph warrants and defends the interest from all claims." The contract was signed by Joseph and by the mother. Held, Joseph had no estate which he could convey, and the contract, though made with the consent of the mother, was unenforceable either …