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Articles 1 - 9 of 9
Full-Text Articles in Constitutional Law
Immigration Policing And Federalism Through The Lens Of Technology, Surveillance, And Privacy, Anil Kalhan
Immigration Policing And Federalism Through The Lens Of Technology, Surveillance, And Privacy, Anil Kalhan
Anil Kalhan
With the deployment of technology, federal programs to enlist state and local police assistance with immigration enforcement are undergoing a sea change. For example, even as it forcefully has urged invalidation of Arizona’s S.B. 1070 and similar state laws, the Obama administration has presided over the largest expansion of state and local immigration policing in U.S. history with its implementation of the “Secure Communities” program, which integrates immigration and criminal history database systems in order to automatically ascertain the immigration status of every individual who is arrested and booked by state and local police nationwide. By 2012, over one fifth …
Recent Landmark Criminal Law Decisions Of The Supreme Court: The Jurisprudence Of The Supreme Court: Fair Trial, Juvenile Justice, The Death Penalty, And The Right To Counsel, Richard Klein
Richard Daniel Klein
The Supreme Court has recently adjudicated some crucial issues regarding criminal matters and constitutional jurisprudence. The Court expanded the constitutional authority vested in Congress, provided defendants with constitutional remedies and protections, indicated that even a substantial amount of publicity surrounding a trial does not warrant a change of venue, left defense attorneys in awe of their new-found obligations, and settled important divisions among the U.S. circuit courts of appeal. Skilling v. U.S. revealed that a change of venue based on a claim of a tainted jury pool presents a difficult, if not impossible task, for criminal defendants. Padilla expanded the …
A Criminal Quartet: The Supreme Court's Resolution Of Four Critical Issues In The Criminal Justice System, Richard Klein
A Criminal Quartet: The Supreme Court's Resolution Of Four Critical Issues In The Criminal Justice System, Richard Klein
Richard Daniel Klein
No abstract provided.
Warrant Requirement -- The Burger Court Approach, Robert Bloom
Warrant Requirement -- The Burger Court Approach, Robert Bloom
Robert Bloom
No abstract provided.
Inevitable Discovery: An Exception Beyond The Fruits, Robert Bloom
Inevitable Discovery: An Exception Beyond The Fruits, Robert Bloom
Robert Bloom
No abstract provided.
Welcome To Anytown, U.S.A. - Home Of Beautiful Scenery (And A Convicted Sex Offender): Sex Offender Registration And Notification Laws In E.B. V. Verniero, David Dematteo
David DeMatteo
No abstract provided.
New Legal Challenge To Guantanamo Confinement, Robert Sanger
New Legal Challenge To Guantanamo Confinement, Robert Sanger
Robert M. Sanger
We will discuss in this article a new Petition for Writ of Habeas Corpus filed in the federal court relating to the non-release of detainees held at Guantanamo Bay notwithstanding the order of the Administration for their release. As of this writing, the President of the United States has issued orders releasing at least 40 detainees, including Ahmed Adnan Ajam who is the subject of the new Petition. Ironically, under the National Defense Authorization Act for the Fiscal Years 2011-20131 (“NDAA”), the President is restricted from releasing detainees under the NDAA which was enacted as a partisan rider to defense …
The Eighth Amendment As A Warrant Against Undeserved Punishment, Scott Howe
The Eighth Amendment As A Warrant Against Undeserved Punishment, Scott Howe
Scott W. Howe
Should the Eighth Amendment prohibit all undeserved criminal convictions and punishments? There are grounds to argue that it must. Correlation between the level of deserts of the accused and the severity of the sanction represents the very idea of justice to most of us. We want to believe that those branded as criminals deserve blame for their conduct and that they deserve all of the punishments that they receive. The deserts limitation is also key to explaining the decisions in which the Supreme Court has rejected convictions or punishments as disproportional, including several major rulings in the new millennium. Yet, …
Psychopathy And Sentencing, Erik Luna