Law Commons^™

Policing, Masculinities, And Judicial Acknowledgment, Nicholas J. Prendergast

Vanderbilt Law Review

In the 1980s, the Supreme Court held that courts must consider the “totality of the circumstances” when deciding the reasonableness of a police officer’s conduct in an excessive force suit. To this day, the precise meaning of “reasonableness” remains elusive. For years, courts around the country have struggled to articulate what police conduct should and—equally as saliently— should not be considered during reasonableness determinations. Thus far, the Supreme Court has been unwilling to substantively clarify its reasonableness doctrine. This lack of clarity has led to an untenable patchwork of differing legal frameworks throughout the United States.

This issue exists in …

Putting Cano On Ice – A Path Forward For Border Searches Of Electronic Devices, Davis Price Shugrue

Vanderbilt Journal of Entertainment & Technology Law

Across the country, circuit courts disagree over what level of suspicion, if any, is required for border officials to search electronic devices. This leaves law enforcement agencies in the lurch because they must craft nationwide policies that cover jurisdictions with differing rules. The Supreme Court should bring this quandary to an end by holding that no reasonable suspicion or warrant is required for border searches of electronic devices. Many scholars and litigants have called for a reasonable suspicion or warrant requirement in light of Supreme Court decisions like Riley and Carpenter that recognize the privacy concerns raised by searches of …

Confronting The Biased Algorithm: The Danger Of Admitting Facial Recognition Technology Results In The Courtroom, Gabrielle M. Haddad

Vanderbilt Journal of Entertainment & Technology Law

From unlocking an iPhone to Facebook “tags,” facial recognition technology has become increasingly commonplace in modern society. In the wake of the Black Lives Matter movement and call for police reform in the United States, it is important now more than ever to consider the implications of law enforcement’s use of facial recognition technology. A study from the National Institute of Standards and Technology found that facial recognition algorithms generated higher rates of false positives for Black faces—sometimes up to one hundred times more false identifications—than white faces. Given the embedded bias of this technology and its increased prevalence, the …

Borders And Bits, Jennifer Daskal

Vanderbilt Law Review

Our personal data is everywhere and anywhere, moving across national borders in ways that defy normal expectations of how things and people travel from Point A to Point B. Yet, whereas data transits the globe without any intrinsic ties to territory, the governments that seek to access or regulate this data operate with territorial-based limits. This Article tackles the inherent tension between how governments and data operate, the jurisdictional conflicts that have emerged, and the power that has been delegated to the multinational corporations that manage our data across borders as a result. It does so through the lens of …

Up In The Cloud: Finding Common Ground In Providing For Law Enforcement Access To Data Held By Cloud Computing Service Providers, Matthew Mckenna

Vanderbilt Journal of Transnational Law

Cloud computing is an everyday part of the modern world; a technology that is increasingly transcending international borders. Disregarding international borders allows cloud computing to operate more efficiently and thus provides better service to users. Yet, the global nature of cloud computing raises a question--what happens if multiple countries apply facially similar laws to cloud computing providers differently? This scenario is common, especially in the context of law enforcement seeking access to cloud computing data. The United States and the United Kingdom have similar laws regarding the government's ability to acquire users' data. Importantly, neither law explicitly addresses the question …

Response: The Icc, Pre-Existing Jurisdictional Treaty Regimes, And The Limits Of The Nemo Dat Quod Non Habet Doctrine--A Reply To Michael Newton, Carsten Stahn

Vanderbilt Journal of Transnational Law

It is a pleasure and a privilege to provide a few reflections on Michael Newton's thought-provoking essay on "How the ICC Threatens Treaty Norms." His article marks an important piece of scholarship. It reflects significant concerns about the reach and function of the International Criminal Court (ICC) that merit further attention and explanation in ICC practice. Newton makes a provocative argument. He argues that the ICC might undermine sovereign law enforcement efforts and exceed its powers if it exercises jurisdiction over American forces in Afghanistan or Israeli offenses in the West Bank or the Gaza Strip. This argument is not …

Cloudy Privacy Protections: Why The Stored Communications Act Fails To Protect The Privacy Of Communications Stored In The Cloud, Ilana R. Kattan

Vanderbilt Journal of Entertainment & Technology Law

The advent of new communications technologies has generated debate over the applicability of the Fourth Amendment's warrant requirement to communications sent through, and stored in, technologies not anticipated by the Framers. In 1986, Congress responded to perceived gaps in the protections of the warrant requirement as applied to newer technologies, such as email, by passing the Stored Communications Act (SCA). As originally enacted, the SCA attempted to balance the interests of law enforcement against individual privacy rights by dictating the mechanisms by which the government could compel a particular service provider to disclose communications stored on behalf of its customers. …

The Double-Helix Double-Edged Sword: Comparing Dna Retention Policies Of The United States And The United Kingdom, Erica S. Deray

Vanderbilt Journal of Transnational Law

Forensic scientists have used DNA profiling technologies to link suspects to crimes since Alec Jeffreys first proposed the idea in the 1970s. Recognizing the potential for using DNA databases to solve crimes and to prevent future crimes, England and Wales attempted to greatly expand its DNA database by allowing for the collection and indefinite retention of DNA profiles from arrestees. The European Court of Human Rights, however, issued a ruling in 2008 in the case of S. & Marper v. United Kingdom, advising the United Kingdom to restrict use of DNA profiles from arrestees and to establish time frames for …

Protecting Privacy On The Front Page: Why Restrictions On Commercial Use Of Law Enforcement Records Violate The First Amendment, Jason L. Cagle

Vanderbilt Law Review

An individual is involved in an automobile accident and is arrested for driving under the influence. A few days after being re- leased, he receives several letters in the mail. One is from a chiropractor offering services to treat his injuries. Another is from an alcohol abuse treatment center. Yet another is from an attorney who defends traffic offenses. Each of the solicitors obtained the individual's name and address from publicly available records concerning the incident. The letters are truthful and not misleading, but utilize publicly available information for purely commercial purposes at the expense of the individual's privacy.

Several …

The Sheinbein Case And The Israeli-American Extradition Experience: A Need For Compromise, Abraham Abramovsky, Jonathan I. Edelstein

Vanderbilt Journal of Transnational Law

This Article will examine the political ramifications of the extradition process and the need for compromise to prevent domestic politics from undermining the ends of law enforcement. This Article will also suggest possible measures to ease the complications that extradition poses to international law enforcement cooperation. Part II of this Article will examine the facts of the most recent and dramatic example of the politics of extradition as played out in the Sheinbein case. Part III will analyze other issues which have placed obstacles in the path of practical law enforcement and international relations, and the way that the United …

Bribery Among The Korean Elite: Putting An End To A Cultural Ritual And Restoring Honor, Daniel Y. Jun

Vanderbilt Journal of Transnational Law

On August 26, 1996, the criminal bribery convictions of two former South Korean Presidents sent shockwaves throughout the nation of South Korea. The court found former Presidents Chun Doo Hwan and Rof Tae Woo guilty of amassing hundreds of millions of dollars in bribes during their respective presidential terms. The court also found corporate executives of major Korean conglomerates guilty of bribing the former Presidents in exchange for government contracts or political favors. Such events invite a look into South Korea's difficult past, revealing a history of remarkable industrial progress tarnished by pervasive government corruption. This Note first explores South …

New York's Loyalty To The Spirit Of "Miranda": Simply The Best For Twenty-Five Years, Lorraine J. Adler

Vanderbilt Law Review

The landmark Supreme Court decision Miranda v. Arizona, recognized a defendant's right to be informed of the rights guaranteed by the Fifth Amendment's self-incrimination clause, including the right to counsel. The Miranda Court realized that a suspect may feel compelled to waive his Fifth Amendment privilege while in official detention. The Court held that the police must read the now-familiar warnings to a subject in custodial interrogation before he can waive his rights. Therefore, the Court in Miranda chose to strike the balance between effective law enforcement and protecting a subject's constitutional rights at the point of informing the subject …

The Changing Game: The United States Evolving Supply-Side Approach To Narcotics Trafficking, Gregory Wilson

Vanderbilt Journal of Transnational Law

Despite over two decades of focused government efforts, drug use and related problems persist in the United States. Moreover, combatting narcotics trafficking now may be more difficult than ever as the sophisticated Cali Cartel has replaced the Medellin Cartel as the world's preeminent supplier of cocaine. Cali's advanced methods of operation have rendered traditional approaches to battling drugs even less effective than they were previously. Clearly, the United States must establish a new direction in drug law enforcement. This Note traces the development of Colombia's drug cartels from the rise of the Medellin Cartel to the emergence of Cali as …

The Need For An International Criminal Court In The New International World Order, M. Cherif Bassiouni, Christopher L. Blakesley

Vanderbilt Journal of Transnational Law

In this Article, Professors Bassiouni and Blakesley argue that the institution of an international criminal court would provide an effective means of dealing with international problems that are created by or unaddressed in a unilateral or bilateral international system. Rather than deflecting domestic concentration on law enforcement, the proposed tribunal will be a complementary and incremental effort, which will enhance criminal justice enforcement. The authors address several questions concerning the implementation of the tribunal, including questions related to sovereignty and bases for jurisdiction, which crimes will be within the court's jurisdiction, which law will apply to the cases, and practical …

Drug Diplomacy And The Supply-Side Strategy: A Survey Of United States Practice, Sandi R. Murphy

Vanderbilt Law Review

The illicit drug trade is gigantic. The United Nations reports that the annual value of the illegal drug trade worldwide is 250 to 300 billion dollars.' The United States leads the world in illicit drug consumption and suffers a myriad of drug-related problems. The majority of marijuana, cocaine, and heroin consumed in the United States through out the 1980s was supplied by six Latin American and Caribbean countries. These countries, like the United States, are plagued by drug-related problems. The governments and citizens of both drug producing and drug transit countries are increasingly victims of crime, violence,and corruption.

Attendant to …

An Analysis Of The Myths That Bolster Efforts To Rewrite Rico And The Various Proposals For Reform:"Mother Of God-Is This The End Of Rico?", G. Robert Blakey, Thomas A. Perry

Vanderbilt Law Review

In 1970 Congress enacted the Organized Crime Control Act, Title IX of which is known as the Racketeer Influenced and Corrupt Organizations Act, or RICO. Congress enacted the 1970 Act to "strengthen[]the legal tools in the evidence-gathering process, [to] establish[] new penal prohibitions, and [to] provid[e] enhanced sanctions and new remedies .,, RICO covers violence, the provision of illegal goods and services, corruption in labor or management relations, corruption in government, and commercial fraud. Congress found in 1970 that the sanctions and remedies available to combat these crimes under the law then in force were unnecessarily limited in scope and …

Can We End The Shame?--Recent Multilateral Efforts To Address The World Child Pornography Market, Julia Foreman

Vanderbilt Journal of Transnational Law

In this Note, the author describes the United States and international child pornography markets. The author demonstrates how the United States Congress, judiciary, and law enforcement agencies have addressed the child pornography problem at the national and international level. In addition to the United States efforts to address this problem, the Netherlands, Denmark, and Thailand--who have all exported child pornography to the United States--have taken steps to curb the flow of child pornography. National and international child pornography markets continue to flourish, however, and the author concludes that more steps to eradicate child pornography are necessary. Finally, the author describes …

The Ker-Frisbie Doctrine: A Jurisdictional Weapon In The War On Drugs, Andrew B. Campbell

Vanderbilt Journal of Transnational Law

This Note addresses the ongoing use of extra legal apprehension, as applied under "Ker v. Illinois" and "Frisbie v. Collins," as a viable alternative to extradition in obtaining custody over those accused of exporting drugs to the United States. The author outlines the cultural and political reasons for the production of illicit drugs, examines the purposes and structures of formal extradition treaties and their effectiveness in bringing drug traffickers to trial, and considers the alternatives to formal extradition. The author concludes that extralegal apprehension, in both of its two forms--abduction and irregular rendition--should remain an alternative means of securing custody …

Privatization Of Corrections: Is The State Out On A Limb When The Company Goes Bankrupt?, Cathy E. Holley

Vanderbilt Law Review

The incarceration of convicted criminals is an important matter to law enforcement officials and the public at large. Institutional correctional services consume significant governmental energy and resources. In 1983 corrections, including jails, prisons, probation, and parole, cost over 10.4 billion dollars. In 1985 approximately 503,000 people were imprisoned in federal and state correctional facilities.' The provision of prison services must occur on a continuous basis, and space must be available for every convicted criminal. As certain commentators have noted, "[o]ne cannot simply let offenders wait in line for an opening."'Historically, local, state, and federal government has overseen and operated our …

The Limits Of Law Enforcement, Hans Zeisel

Vanderbilt Law Review

Society will not be able to solve the crime problem before it has solved the problems of the ghettos. Such an undertaking is a big task, on which society thus far has worked with little diligence.Even if efforts are increased beyond their present level, the task will take a long time. Nevertheless, the question must be ad-dressed, and the statistics point precisely to where the endeavor must begin. Crime typically starts early in life, therefore, radical efforts should be made to reach these crime-prone youths before their life style is fixed. One particular statistic illuminates the problem and suggests a …

How Serious Is Serious Crime?, Albert J. Reiss, Jr.

Vanderbilt Law Review

This Article examines the information systems that are available to the American public. Part H of the Article discusses crime information sources and limitations arising from their excessive dependence upon the same sources of information. Parts III and IV of the Article focus on the information and methods that American society depends upon to determine the amount and seriousness of"serious" crime. These parts of the Article criticize society's present modes of crime assessment by evaluating public perceptions of crime under several standards for determining the amount of harm that results from different criminal acts. In part V, the Article examines …

The Collateral Consequences Of A Criminal Conviction, Thomas R. Mccoy

Vanderbilt Law Review

As a general matter [civil disability law] has simply not been rationally designed to accommodate the varied interests of society and the individual convicted person. There has been little effort to evaluate the whole system of disabilities and disqualifications that has grown up. ...As a result, convicted persons are generally subjected to numerous disabilities and disqualifications which have little relation to the crime committed, the person committing it or,consequently, the protection of society. They are often harsh out of all proportion to the crime committed.

Book Notes, Law Review Staff

Vanderbilt Law Review

The Child Savers: The Invention of Delinquency By Anthony M. Platt Chicago: University of Chicago Press, 1969. Pp. ix, 202.$8.50.

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Juvenile Delinquency and Urban Areas (rev. ed.) By Clifford R.Shaw & Henry D. McKay Chicago: University of Chicago Press,1969. Pp. 394.

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The Positive School of Criminology Edited by Stanley E. Grupp Pittsburgh: University of Pittsburgh Press, 1968. Pp. vi, 114. $5.95.

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State and Local Tax Problems Edited by Harry L. Johnson Knoxville: University of Tennessee Press, 1969. Pp. xiii, 190. $7.50.

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Tension in the Cities By James A. Bayton Philadelphia: Chilton Book Co., 1969. Pp. x, …

An Analysis Of The Drunken Driving Statutes In The United States, J. M. Boyd Jr.

Vanderbilt Law Review

In 1953, 18 out of every 100 drivers involved in fatal accidents had been drinking. By 1954, the figure had risen to 20 out of every 100.'These figures, limited as they are, indicate a trend--the increasing rate of drinking drivers--which has caused deep concern to safety and law enforcement officials for several years. The figures also indicate the scope to which the problem has already grown--to the point that one out of every five drivers involved in a fatal accident has been drinking.

With the growing incidence of the offense, the need for a better understanding of the laws relating …

Criminal Law Administration Prior To Trial: Recent Constitutional Developments, Paul H. Sanders

Vanderbilt Law Review

Probably the most pervasive dilemma in human experience is that which poses the choice with respect to the use of normally-condemned means in order to attain what are considered to be desirable ends. The field of criminal law administration offers a particularly apt illustration of the dilemma in modern society. The actual, day-to-day methods of operation of our law enforcement officers, prosecutors, judges and other officials concerned with the investigation, trial and punishment of those charged with crime,--all reflect the choice that has been made in fact by our society. We can each judge, within the limits of our experience, …