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2010

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Criminal Law and Procedure

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Full-Text Articles in Law

Brief Of Amicus Curiae Wesley Macneil Oliver In Support Of The Petition For Writ Of Certiorari, Wesley Oliver Jul 2010

Brief Of Amicus Curiae Wesley Macneil Oliver In Support Of The Petition For Writ Of Certiorari, Wesley Oliver

Wesley M Oliver

The United States Court of Appeals for the Ninth Circuit recently held that a lawsuit could proceed against John Ashcroft in his individual capacity for the way he detained material witnesses after the Terror of September 11, 2001. Ashcroft allegedly used those he believed to be terrorist suspects as material witnesses when he lacked adequate suspicion to bring formal charges. All of these “witnesses” otherwise qualified for detention under the federal material witness detention statute. The Ninth Circuit concluded that this “pretextual” use of the material witness detention statute clearly violated the Fourth Amendment as it circumvented the probable cause …


The Adventure Continues, Steven Chanenson May 2010

The Adventure Continues, Steven Chanenson

Steven L. Chanenson

No abstract provided.


Sentencing Beyond Our Borders, Steven Chanenson Mar 2010

Sentencing Beyond Our Borders, Steven Chanenson

Steven L. Chanenson

No abstract provided.


Sex Trafficking And Criminalization: In Defense Of Feminist Abolitionism, Michelle Dempsey Dec 2009

Sex Trafficking And Criminalization: In Defense Of Feminist Abolitionism, Michelle Dempsey

Michelle Madden Dempsey

This article provides an overview of the feminist abolitionist response to sex trafficking and defends criminalizing the purchase of sex on grounds of complicity and endangerment.


Breaking New Ground In International Criminal Law And Philosophy, Michelle Dempsey Dec 2009

Breaking New Ground In International Criminal Law And Philosophy, Michelle Dempsey

Michelle Madden Dempsey

This is a book review of Larry May and Zachary Hoskins, eds., International Criminal Law and Philosophy (Cambridge University Press, 2010).