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Articles 1 - 30 of 54
Full-Text Articles in Law
Errors In Good Faith: The Leon Exception Six Years Later, David Clark Esseks
Errors In Good Faith: The Leon Exception Six Years Later, David Clark Esseks
Michigan Law Review
Given this vast literature on the good faith exception, little room appears to exist for additional commentary on the propriety of the decision, its theoretical weaknesses or strengths, or what further changes in constitutional criminal procedure it forebodes. This Note will not add to the many voices complaining of the Court's misconstrual of the grounding of the exclusionary rule, nor of its crabbed notion of deterrence. Instead, it accepts, arguendo, the propriety of the exception and its underlying purpose, and then examines the six-year experience with the revised rule. The proliferation of reported applications of the good faith exception …
Controlling Discretion By Administrative Regulations: The Use, Misuse, And The Nonuse Of Police Rules And Policies In Fourth Amendment Adjudication, Wayne R. Lafave
Controlling Discretion By Administrative Regulations: The Use, Misuse, And The Nonuse Of Police Rules And Policies In Fourth Amendment Adjudication, Wayne R. Lafave
Michigan Law Review
In assaying fourth amendment jurisprudence, it is useful to take into account available knowledge regarding the actual search and seizure practices of the police. Especially helpful is the perspective afforded by the American Bar Foundation's Survey of the Administration of Criminal Justice in the United States, which ranks as the preeminent empirical study of law enforcement procedures in this country. Despite the fact - or, more likely, because of the fact that the ABF Survey was published over twenty years ago, certain insights from that study highlight some recent and significant changes in this corpus juris inconstans .
Clearly "the …
Whitmore V. Arkansas 110 S. Ct. 1717, 109 L.Ed.2d 135 (1990)
Whitmore V. Arkansas 110 S. Ct. 1717, 109 L.Ed.2d 135 (1990)
Capital Defense Journal
No abstract provided.
Savino V. Commonwealth 239 Va. 534, 391 S.E.2d 276 (1990)
Savino V. Commonwealth 239 Va. 534, 391 S.E.2d 276 (1990)
Capital Defense Journal
No abstract provided.
Smith V. Commonwealth 239 Va. 243,389 S.E.2d 871 (1990)
Smith V. Commonwealth 239 Va. 243,389 S.E.2d 871 (1990)
Capital Defense Journal
No abstract provided.
Eaton V. Commonwealth No. 900238 (1990) (Lexis State Library, 125)
Eaton V. Commonwealth No. 900238 (1990) (Lexis State Library, 125)
Capital Defense Journal
No abstract provided.
Sawyer V. Smith 110 S. Ct. 2822, 111 L.Ed.2d 193 (1990)
Sawyer V. Smith 110 S. Ct. 2822, 111 L.Ed.2d 193 (1990)
Capital Defense Journal
No abstract provided.
Walton V. Arizona 110 S. Ct. 3047, 111 L.Ed.2d 511 (1990)
Walton V. Arizona 110 S. Ct. 3047, 111 L.Ed.2d 511 (1990)
Capital Defense Journal
No abstract provided.
Saffle V. Parks 110 S. Ct. 1257,108 L.Ed.2d 415 (1990)
Saffle V. Parks 110 S. Ct. 1257,108 L.Ed.2d 415 (1990)
Capital Defense Journal
No abstract provided.
Butler V. Mckellar 110 S. Ct. 1212, 108 L.Ed.2d 347 (1990)
Butler V. Mckellar 110 S. Ct. 1212, 108 L.Ed.2d 347 (1990)
Capital Defense Journal
No abstract provided.
Introduction, William S. Geimer
Lewis V. Jeffers 110 S. Ct. 3092, 111 L.Ed.2d 606 (1990)
Lewis V. Jeffers 110 S. Ct. 3092, 111 L.Ed.2d 606 (1990)
Capital Defense Journal
No abstract provided.
Clemons V. Mississippi 110 S. Ct. 1441, 108 L.Ed.2d 725
Clemons V. Mississippi 110 S. Ct. 1441, 108 L.Ed.2d 725
Capital Defense Journal
No abstract provided.
Blystone V. Pennsylvania 110 S. Ct. 1078,108 L.Ed.2d 255 (1990)
Blystone V. Pennsylvania 110 S. Ct. 1078,108 L.Ed.2d 255 (1990)
Capital Defense Journal
No abstract provided.
Boyde V. California 110 S. Ct. 1190, 108 L.Ed.2d 316 (1990)
Boyde V. California 110 S. Ct. 1190, 108 L.Ed.2d 316 (1990)
Capital Defense Journal
No abstract provided.
Mckoy V. North Carolina 110 S. Ct. 1227, 108 L.Ed.2d 369 (1990)
Mckoy V. North Carolina 110 S. Ct. 1227, 108 L.Ed.2d 369 (1990)
Capital Defense Journal
No abstract provided.
Justus V. Murray 897 F.2d 709 (1990)
Mu'min V. Commonwealth 239 Va. 433,389 S.E.2d 886 (1990)
Mu'min V. Commonwealth 239 Va. 433,389 S.E.2d 886 (1990)
Capital Defense Journal
No abstract provided.
Cheng V. Commonwealth 240 Va. 26,393 S.E.2d 599 (1990)
Cheng V. Commonwealth 240 Va. 26,393 S.E.2d 599 (1990)
Capital Defense Journal
No abstract provided.
State Habeas In Virginia: A Critical Transition, Catherine M. Hobart
State Habeas In Virginia: A Critical Transition, Catherine M. Hobart
Capital Defense Journal
No abstract provided.
Perfecting The Record Of A Capital Case In Virginia, Robert L. Powley
Perfecting The Record Of A Capital Case In Virginia, Robert L. Powley
Capital Defense Journal
No abstract provided.
Ineffective Assistance Of Counsel, Thomas J. Marlowe
Ineffective Assistance Of Counsel, Thomas J. Marlowe
Capital Defense Journal
No abstract provided.
The Application Of Section 504 Of The Rehabilitation Act To The Segregation Of Hiv-Positive Inmates, Ayesha Khan
The Application Of Section 504 Of The Rehabilitation Act To The Segregation Of Hiv-Positive Inmates, Ayesha Khan
Washington Law Review
Acquired Immune Deficiency Syndrome has posed a formidable challenge to correctional administrators because of the perception that prisons and jails hold high concentrations of individuals at risk of developing the disease. Housing decisions are particularly difficult. Administrators often segregate inmates who have AIDS, ARC or asymptomatic HIV infection from the general prison population by housing them in a separate unit. This Article analyzes whether such a practice violates section 504 of the Rehabilitation Act, which forbids programs which receive federal financial assistance from discriminating against "otherwise qualified" handicapped persons. The analysis focuses on three issues: the epidemiology of HIV in …
Narrowing The Scope Of Civil Drug Forfeiture: Section 881, Substantial Connection And The Eighth Amendment, James B. Speta
Narrowing The Scope Of Civil Drug Forfeiture: Section 881, Substantial Connection And The Eighth Amendment, James B. Speta
Michigan Law Review
This Note offers two justifications for narrowing the scope of section 881 forfeiture. Part I argues that courts should apply the substantial connection test to section 881 forfeitures. This Part analyzes the statute using the traditional tools of statutory interpretation. While the text of the statute seems to support the broadest possible interpretation, the legislative history and context of adoption suggest that the substantial connection test is consistent with Congressional intent. In amending section 881, subsequent Congresses have favored application of the substantial connection test. Consistent with this narrower reading, present strategy in the "war on drugs" focuses stiff penalties …
Washington's Discretionary Immunity Doctrine And Negligent Early Release Decisions: Parole And Work Release, Marie Aglion
Washington's Discretionary Immunity Doctrine And Negligent Early Release Decisions: Parole And Work Release, Marie Aglion
Washington Law Review
The Washington Supreme Court has held the discretionary immunity doctrine to constitute a highly circumscribed exception to the rule of governmental liability. An analysis of Washington case law reveals that parole and work release determinations properly fall outside the pale of the exception. A negligent decision to place a sex or violent offender in a parole or work release program therefore should subject the state to liability. The Author proposes a negligence-based liability rule that would create incentives to due care on the part of state administrators responsible for parole and work release decisions without imposing an unreasonable burden on …
Ua12/2/2 Talisman: Think Big, Think Red, Wku Student Affairs
Ua12/2/2 Talisman: Think Big, Think Red, Wku Student Affairs
WKU Archives Records
1990 Talisman yearbook with the following articles:
- West, Jodie. Wake Up, Western: Bemis Bids America Good Morning
- Hadley, Kim. Monster Bash – Hilloween
- Westmeier, Tracy. Individuals Versus the Law – Roe vs. Wade
- Hardin, Billy. Collection of Firsts – Homecoming
- McDonald, Denise. ‘Tis the Season – Madrigals
- Hadley, Kim. Campus Hotlines – Prank Phone Calls
- Givens, Jennifer. Land of the Lost
- Davis, Sarah. A World of Difference – Earth Day
- Hadley, Kim. For Official Use Only – WKU Seal
- Hardin, Billy. Cultural Exchange – Xiu Sun
- Hadley, Kim. Politics – Nelson Mandela, Lithuania, Manuel Noriega, China, Freedom Fighters, Eastern Europe …
Limiting Incarceration For Civil Contempt In Child Custody Cases, David J. Harmer
Limiting Incarceration For Civil Contempt In Child Custody Cases, David J. Harmer
Brigham Young University Journal of Public Law
No abstract provided.
The Ethics Of The "Unprofessional Profession", Gerald Caplan
The Ethics Of The "Unprofessional Profession", Gerald Caplan
Michigan Law Review
A Review of Character and Cops: Ethics in Policing by Edwin J. Delattre
Reform And Regret: The Story Of Federal Judicial Involvement In The Alabama Prison System, Steven M. Farina
Reform And Regret: The Story Of Federal Judicial Involvement In The Alabama Prison System, Steven M. Farina
Michigan Law Review
A Review of Reform and Regret: The Story of Federal Judicial Involvement in the Alabama Prison System by Larry W. Yackle
Critical Points In The Progress Of A Capital Case, Elizabeth A. Bennett
Critical Points In The Progress Of A Capital Case, Elizabeth A. Bennett
Capital Defense Journal
No abstract provided.