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Full-Text Articles in Law
Going Nowhere Fast (Or Furious): The Nonexistent U.S. Firearms Trafficking Statute And The Rise Of Mexican Drug Cartel Violence, Stewart M. Young
Going Nowhere Fast (Or Furious): The Nonexistent U.S. Firearms Trafficking Statute And The Rise Of Mexican Drug Cartel Violence, Stewart M. Young
University of Michigan Journal of Law Reform
Drug trafficking violence in Mexico, now reaching epidemic proportions, greatly impacts both the Mexican and United States governments. Despite the escalation of the "War on Drugs, " drug trafficking from Mexico to the United States continues largely unabated, stifling tourism revenue and lawful economic opportunities, and causing violence previously unknown in Mexico. Thus far, the United States' efforts to deal with this drug trafficking and violence include the recent debacle of Operation Fast and Furious. News regarding this Bureau of Alcohol, Tobacco, Firearms and Explosives'(ATF) operation shocked citizens and lawmakers alike, as Fast and Furious allowed firearms to "walk" down …
Embracing Tribal Sovereignty To Eliminate Criminal Jurisdiction Chaos, Lindsey Trainor Golden
Embracing Tribal Sovereignty To Eliminate Criminal Jurisdiction Chaos, Lindsey Trainor Golden
University of Michigan Journal of Law Reform
This Note argues that the current federal laws regarding tribal criminal jurisdiction are contrary to existing policies that recognize inherent tribal sovereignty, and that to fully restore tribal sovereignty and reduce reservation crime rates, Congress should revise the MCA and the TLOA to comprehensively address the legal barriers that adversely affect tribes' ability to prosecute crimes committed within their geographic borders. Part I outlines the historical progression of laws addressing criminal jurisdiction in Indian Country and identifies the problems with the law's disregard and displacement of tribal sovereignty. Part II examines the current state of criminal jurisdiction on reservations-focusing on …
Remedying Wrongful Execution, Meghan J. Ryan
Remedying Wrongful Execution, Meghan J. Ryan
University of Michigan Journal of Law Reform
The first legal determination of wrongful execution in the United States may very well be in the making in Texas. One of the state's district courts is in the midst of investigating whether Cameron Todd Willingham, who was executed in 2004, was actually innocent. The court's investigation has been interrupted by objections from Texas prosecutors, but if the court proceeds, this may very well become a bona fide case of wrongful execution. Texas, just like other jurisdictions, is ill equipped to provide any relief for such an egregious wrong, however. This Article identifies the difficulties that the heirs, families, and …
Exploring The First Amendment Rights Of Teens In Relationship To Sexting And Censorship, Julia Halloran Mclaughlin
Exploring The First Amendment Rights Of Teens In Relationship To Sexting And Censorship, Julia Halloran Mclaughlin
University of Michigan Journal of Law Reform
This Article explores child pornography law in relation to teen sexting conduct. Recently, some teens who engaged in teen sexting have been convicted under child pornography laws and have been required to register as sexual predators. The criminalization of teens for developmentally typical behavior, mimicking the conduct of adults, can result in grave harm to most teens. Furthermore, the application of child pornography laws to teen sexting conduct demonstrates the constitutional overbreadth of the current definition of child pornography. Photographs have an emblematic role in society-capturing and celebrating youth. Moreover, the creation of teen sexting images accompanies a teen's developmental …
On Strict Liability Crimes: Preserving A Moral Framework For Criminal Intent In An Intent-Free Moral World, W. Robert Thomas
On Strict Liability Crimes: Preserving A Moral Framework For Criminal Intent In An Intent-Free Moral World, W. Robert Thomas
Michigan Law Review
The law has long recognized a presumption against criminal strict liability. This Note situates that presumption in terms of moral intuitions about the role of intention and the unique nature of criminal punishment. Two sources-recent laws from state legislatures and recent advances in moral philosophy-pose distinct challenges to the presumption against strict liability crimes. This Note offers a solution to the philosophical problem that informs how courts could address the legislative problem. First, it argues that the purported problem from philosophy stems from a mistaken relationship drawn between criminal law and morality. Second, it outlines a slightly more nuanced moral …
Every High Has A Low: A Pragmatic Approach To The War On Drugs, Mark Garibyan
Every High Has A Low: A Pragmatic Approach To The War On Drugs, Mark Garibyan
University of Michigan Journal of Law Reform Caveat
One of the lasting vestiges of Richard Nixon’s presidency is the infamous “War on Drugs,” a forty-year-old effort aimed at curtailing “illicit drug consumption and transactions in America.” Although the goal behind the policy—a reduction in the rate of substance abuse—may be altruistic, the War on Drugs has dismally failed to achieve its goals and has exacerbated existing problems. Specifically, laws dealing with crack cocaine result in a “heavily disproportionate impact on black defendants;” in 2008 “blacks comprised 79.8 percent of those convicted for crack cocaine-related offenses,” whereas “whites comprised only 10.4 percent.” More generally, these laws illustrate a fundamental …
Steps To Alleviating Violence Against Women On Tribal Lands, Anjum Unwala
Steps To Alleviating Violence Against Women On Tribal Lands, Anjum Unwala
University of Michigan Journal of Law Reform Caveat
One in three Native American women has been raped or has experienced an attempted rape. Federal officials also failed to prosecute 75% of the alleged sex crimes against women and children living under tribal authority. The Senate bill to reauthorize the 1994 Violence Against Women Act (VAWA) could provide appropriate recourse for Native American women who are victims of sexual assault. This bill (S. 1925), introduced in 2011, would grant tribal courts the ability to prosecute non-Indians who have sexually assaulted their Native American spouses and domestic partners. Congress has quickly reauthorized the Violence Against Women Act twice before. But …