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Full-Text Articles in Law
Through A Scanner Darkly: The Use Of Fmri As Evidence Of Mens Rea, Teneille Brown, Emily R. Murphy
Through A Scanner Darkly: The Use Of Fmri As Evidence Of Mens Rea, Teneille Brown, Emily R. Murphy
Journal of Law and Health
Tonight we are pleased to host an event exploring fMRI and its legal significance. Although [neuroimaging] is still an emerging technology, it has proven to be very consequential in at least one situation. In September 2008, the New York Times reported that a court in India allowed the use of brain scan images in a criminal case, which ultimately led to the conviction of an Indian woman accused of poisoning her fiance. To this day, the Indian woman maintains her innocence. Hank Greely, a bioethicist at Stanford Law School and a colleague of our speakers, commented on the verdict, [characterizing …
Habeas Corpus Writ Of Liberty, Boumediene And Beyond, Scott J. Shackelford
Habeas Corpus Writ Of Liberty, Boumediene And Beyond, Scott J. Shackelford
Cleveland State Law Review
This book review focuses on Robert Walker's Habeas Corpus Writ of Liberty: English and American Origins and Development.
Dangerously Sidestepping The Fourth Amendment: How Courts Are Allowing Third-Party Consent To Bypass Warrants For Searching Password-Protected Computer, David D. Thomas
Dangerously Sidestepping The Fourth Amendment: How Courts Are Allowing Third-Party Consent To Bypass Warrants For Searching Password-Protected Computer, David D. Thomas
Cleveland State Law Review
This Note sets forth that it is unacceptable for law enforcement to ignore the presence of passwords simply because they may not be immediately visible. Furthermore, it is contrary to the Fourth Amendment for law enforcement to rely on third parties who grant access to search the data without knowledge of the password to unlock the data. Principles hammered out over time for searches and seizures of physically locked objects can easily be transposed and extended to fit the virtual world while still providing people the protections of the Fourth Amendment.
Stripped Of Justification: The Eleventh Circuit's Abolition Of The Reasonable Suspicion Requirement For Booking Strip Searches In Prisons, Andrew A. Crampton
Stripped Of Justification: The Eleventh Circuit's Abolition Of The Reasonable Suspicion Requirement For Booking Strip Searches In Prisons, Andrew A. Crampton
Cleveland State Law Review
Part II of this Note will provide an historical judicial background of the decisions leading up to the Powell v. Barrett decision. This section will first take a brief look at the history of the prison strip search before conducting an in-depth analysis at the Bell v. Wolfish decision, including the facts, rationale, and ambiguities of the decision. Next, this Note will examine the subsequent use of the Bell v. Wolfish decision by the federal courts in the context of strip searches conducted pursuant to facilities' booking policies, focusing on the rise of the “reasonable suspicion” standard. Part III of …