Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 4 of 4

Full-Text Articles in Law

The Price They Pay: Protecting The Mother-Child Relationship Through The Use Of Prison Nurseries And Residential Parenting Programs, Anne E. Jbara Oct 2012

The Price They Pay: Protecting The Mother-Child Relationship Through The Use Of Prison Nurseries And Residential Parenting Programs, Anne E. Jbara

Indiana Law Journal

Over the past century, while advocates of prison nurseries have applauded their individual and societal benefits, opponents have criticized their touchy-feely undertones, arguing that children do not belong behind bars. New York instituted the first modern prison nursery program in 1901 at its Bedford Hills facility, and the nursery has existed ever since. The federal government and a number of other states have followed suit in developing programs that, to varying degrees, give mothers and infants an opportunity to remain together until the infant reaches a particular age. The requirements for such programs vary by state but generally only permit …


Police Efficiency And The Fourth Amendment, L. Song Richardson Jul 2012

Police Efficiency And The Fourth Amendment, L. Song Richardson

Indiana Law Journal

Much of our Fourth Amendment jurisprudence is premised upon a profound misunderstanding of the nature of suspicion. When determining whether law enforcement officers had the reasonable suspicion necessary to justify a “stop and frisk,” courts currently assume that, in any given case, the presence or absence of reasonable suspicion can objectively be determined simply by examining the factual circumstances that the officers confronted. This Article rejects that proposition. Powerful new research in the behavioral sciences indicates that implicit, nonconscious biases affect the perceptions and judgments that are integral to our understanding of core Fourth Amendment principles. Studies reveal, for example, …


Wiretapping The Internet: The Expansion Of The Communications Assistance To Law Enforcement Act To Extend Government Surveillance, Christa M. Hibbard Mar 2012

Wiretapping The Internet: The Expansion Of The Communications Assistance To Law Enforcement Act To Extend Government Surveillance, Christa M. Hibbard

Federal Communications Law Journal

Criminal use of the Internet to circumvent traditional government phone wiretaps has inspired the Obama Administration to create a proposal to expand the Communications Assistance to Law Enforcement Act ("CALEA"). CALEA was passed in 1994 to regulate telephone and broadband companies to ensure compliance with standards to enable government wiretapping. The proposed amendment of CALEA would allow the government to require all communications service providers to meet technical standards necessary to comply with a wiretap order. The expansion of CALEA would likely widen its scope to social networking sites, instant messaging, gaming consoles that allow conversation among multiple players, and …


How (Not) To Implement Cost As A Sentencing Factor, Ryan W. Scott Jan 2012

How (Not) To Implement Cost As A Sentencing Factor, Ryan W. Scott

Articles by Maurer Faculty

No abstract provided.