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Articles 1 - 17 of 17
Full-Text Articles in Law
Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali
Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali
Touro Law Review
No abstract provided.
The Illusory Eighth Amendment, John F. Stinneford
The Illusory Eighth Amendment, John F. Stinneford
John F. Stinneford
Although there is no obvious doctrinal connection between the Supreme Court’s Miranda jurisprudence and its Eighth Amendment excessive punishments jurisprudence, the two are deeply connected at the level of methodology. In both areas, the Supreme Court has been criticized for creating “prophylactic” rules that invalidate government actions because they create a mere risk of constitutional violation. In reality, however, both sets of rules deny constitutional protection to a far greater number of individuals with plausible claims of unconstitutional treatment than they protect. This dysfunctional combination of over- and underprotection arises from the Supreme Court’s use of implementation rules as a …
Supreme Court, Bronx County, People V. Barnville, David Schoenhaar
Supreme Court, Bronx County, People V. Barnville, David Schoenhaar
Touro Law Review
No abstract provided.
Supreme Court, Bronx County, People V. Butler, Courtney Weinberger
Supreme Court, Bronx County, People V. Butler, Courtney Weinberger
Touro Law Review
No abstract provided.
Supreme Court, Kings County, People V. Miller, Courtney Weinberger
Supreme Court, Kings County, People V. Miller, Courtney Weinberger
Touro Law Review
No abstract provided.
Appellate Division, Third Department, People V. Rivette, Michele Kligman
Appellate Division, Third Department, People V. Rivette, Michele Kligman
Touro Law Review
No abstract provided.
District Court, Nassau County, People V. Yaghoubi, David Schoenhaar
District Court, Nassau County, People V. Yaghoubi, David Schoenhaar
Touro Law Review
No abstract provided.
What Is Criminal Restitution?, Cortney E. Lollar
What Is Criminal Restitution?, Cortney E. Lollar
Law Faculty Scholarly Articles
A new form of restitution has become a core aspect of criminal punishment. Courts now order defendants to compensate victims for an increasingly broad category of losses, including emotional and psychological losses and losses for which the defendant was not found guilty. Criminal restitution therefore moves far beyond its traditional purpose of disgorging a defendant's ill-gotten gains. Instead, restitution has become a mechanism of imposing additional punishment. Courts, however, have failed to recognize the punitive nature of restitution and thus enter restitution orders without regard to the constitutional protections that normally attach to criminal proceedings. This Article deploys a novel …
The Framers' Fourth Amendment Exclusionary Rule: The Mounting Evidence, Roger Roots
The Framers' Fourth Amendment Exclusionary Rule: The Mounting Evidence, Roger Roots
Nevada Law Journal
No abstract provided.
State V. Brossart: Adapting The Fourth Amendment For A Future With Drones, Thomas Bryan
State V. Brossart: Adapting The Fourth Amendment For A Future With Drones, Thomas Bryan
Catholic University Law Review
No abstract provided.
Appellate Division, Fourth Department, People V. Mcfarley, Erica R. Borgese
Appellate Division, Fourth Department, People V. Mcfarley, Erica R. Borgese
Touro Law Review
No abstract provided.
Criminal Court, Kings County, People V. Artusa, Jessica Miller
Criminal Court, Kings County, People V. Artusa, Jessica Miller
Touro Law Review
No abstract provided.
Targeted Killing: United States Policy, Constitional Law, And Due Process, Mark Febrizio
Targeted Killing: United States Policy, Constitional Law, And Due Process, Mark Febrizio
Senior Honors Theses
The increased incorporation of targeted killing, primarily through the use of unmanned aerial vehicles, into United States policy raises salient questions regarding its consistency with the U.S. Constitution. This paper contrasts interpretations of constitutional due process with the current legal framework for conducting targeted killing operations. The Fifth Amendment to the Constitution establishes the due process owed to U.S. citizens. This paper determines that the killing of Anwar al-Awlaki, an American citizen, was accomplished in a manner inconsistent with constitutional due process and demonstrates an over-extension of executive branch power. This paper examines one scholarly recommendation that seeks to increase …
Whose Metadata Is It Anyways? Why Riley V. California Illustrates That The National Security Administration's Bulk Data Collection Is A Fourth Amendment Problem, Jesse S. Weinstein
Whose Metadata Is It Anyways? Why Riley V. California Illustrates That The National Security Administration's Bulk Data Collection Is A Fourth Amendment Problem, Jesse S. Weinstein
Jesse S Weinstein
No abstract provided.
Juries And The Criminal Constitution, Meghan J. Ryan
Juries And The Criminal Constitution, Meghan J. Ryan
Faculty Journal Articles and Book Chapters
Judges are regularly deciding criminal constitutional issues based on changing societal values. For example, they are determining whether police officer conduct has violated society’s "reasonable expectations of privacy" under the Fourth Amendment and whether a criminal punishment fails to comport with the "evolving standards of decency that mark the progress of a maturing society" under the Eighth Amendment. Yet judges are not trained to assess societal values, nor do they, in assessing them, ordinarily consult data to determine what those values are. Instead, judges turn inward, to their own intuitions, morals, and values, to determine these matters. But judges’ internal …
In Need Of Clarification: A Call To Define The Scope Of The Routine Booking Exception By Adopting The Legitimate Administrative Function Test, Elizabeth Parrish
In Need Of Clarification: A Call To Define The Scope Of The Routine Booking Exception By Adopting The Legitimate Administrative Function Test, Elizabeth Parrish
Catholic University Law Review
No abstract provided.
Orwellian Surveillance Of Vehicular Travels, Sam Hanna
Orwellian Surveillance Of Vehicular Travels, Sam Hanna
Sam Hanna
What would someone learn about you if all your automobile travels were ubiquitously tracked beginning today? Creating an indefinite database of a person’s previous automobile travels to formulate deductions on intimate details of people's lives is precisely what law enforcement agencies are currently able to accomplish with automatic license plate recognition (“ALPR”). With the ubiquity of ALPR cameras, continuous government surveillance of automobile travels is no longer a figment of the imagination. Consequently, the judicial and legislative branches of government must embark on balancing the private and public interests implicated by this technology. Failure to set suitable boundaries around the …