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Articles 1 - 7 of 7

Full-Text Articles in Law

Introduction: Prosecutorial Ethics And The Right To A Fair Trial: The Role Of The Brady Rule In The Modern Criminal Justice System, Lewis R. Katz Jan 1997

Introduction: Prosecutorial Ethics And The Right To A Fair Trial: The Role Of The Brady Rule In The Modern Criminal Justice System, Lewis R. Katz

Faculty Publications

Introduction to the Introduction Symposium: Prosecutorial Ethics and the Right to a Fair Trial: The Role of the Brady Rule in the Modern Criminal Justice System, Cleveland, Ohio, 2007.


Symposium On The Fortieth Anniversary Of Mapp V. Ohio - Forward, Lewis R. Katz Jan 1997

Symposium On The Fortieth Anniversary Of Mapp V. Ohio - Forward, Lewis R. Katz

Faculty Publications

Foreword to the Symposium on the Fortieth Anniversary of Mapp v. Ohio, Cleveland, Ohio, 2001.


Mapp After Forty Years: Its Impact On Race In America, Lewis R. Katz Jan 1997

Mapp After Forty Years: Its Impact On Race In America, Lewis R. Katz

Faculty Publications

No abstract provided.


United States V. Ross: Evolving Standards For Warrantless Searches, Lewis R. Katz Jan 1997

United States V. Ross: Evolving Standards For Warrantless Searches, Lewis R. Katz

Faculty Publications

The purpose of this Article is to examine the Ross decision and its implications for related fourth amendment areas. It will also discuss the automobile exception, the broad scope of warrantless searches, and the possible emergence of a public place-proba


Reflections On Search And Seizure And Illegally Seized Evidence In Canada And The United States, Lewis R. Katz Jan 1997

Reflections On Search And Seizure And Illegally Seized Evidence In Canada And The United States, Lewis R. Katz

Faculty Publications

No abstract provided.


The Automobile Exception Transformed: The Rise Of A Public Place Exemption To The Warrant Requirement, Lewis R. Katz Jan 1997

The Automobile Exception Transformed: The Rise Of A Public Place Exemption To The Warrant Requirement, Lewis R. Katz

Faculty Publications

The Supreme Court in recent years has aggressively pursued restrictions on a person's Constitutional protections from unreasonable searches and seizures. Perhaps no better example exists of the radically changing fourth amendment analysis than the automobile exception to the warrant requirement This exception allows a law enforcement official with probable cause to believe that evidence of a crime is hidden in a vehicle to search that vehicle without obtaining a search warrant This Article explores the genesis and unchecked growth of the automobile exception from a necessary outgrowth of the exigencies of protecting police officers and preventing tampering with evidence, to …


Terry V. Ohio At Thirty: A Revisionist View, Lewis R. Katz Jan 1997

Terry V. Ohio At Thirty: A Revisionist View, Lewis R. Katz

Faculty Publications

In this Article, I suggest that, while the Warren Court provided a needed tool to police, it failed to achieve its stated purpose of tying the practice to the Fourth Amendment reasonableness standard. First, the Court failed to adequately define an "investigatory stop," leading later courts to harden the definition, eliminating the Fourth Amendment from most on-the-street police-citizen encounters. Second, the facts in Terry failed to meet the reasonableness standard Chief Justice Warren purported to apply and which subsequently has been further weakened in later cases. Finally, the decision in Terry failed to strike a meaningful Fourth Amendment balance between …