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Articles 1 - 6 of 6
Full-Text Articles in Criminal Law
Sex Offender Residency Restrictions Serve No Purpose, Stephen Butts
Sex Offender Residency Restrictions Serve No Purpose, Stephen Butts
GGU Law Review Blog
No abstract provided.
"Mosaic Theory" And Megan's Laws, Wayne A. Logan
"Mosaic Theory" And Megan's Laws, Wayne A. Logan
Scholarly Publications
This essay urges reexamination of the privacy implications of registration and community notification (RCN) laws, commonly known as Megan’s Laws. Applying the analytic construct recently employed by the D.C. Circuit in United States v. Maynard to conclude that extended use of a GPS tracking device constitutes a search for Fourth Amendment purposes, the essay argues that the collection and aggregation of registrant data entailed in RCN implicates a protectable Fourteenth Amendment privacy interest. In both contexts, the government collects nominally public data – in Maynard, car travel, with RCN, registrants’ home/work/school addresses, physical traits, etc. – and creates an informational …
The Adam Walsh Act And The Failed Promise Of Administrative Federalism, Wayne A. Logan
The Adam Walsh Act And The Failed Promise Of Administrative Federalism, Wayne A. Logan
Scholarly Publications
For advocates of federalism, these are uncertain times. With hope of meaningful judicial federalism having largely receded, and Congress persisting in its penchant for intrusions on state authority, of late several scholars have championed the capacity of executive agencies to enforce and preserve federalism interests. This paper tests this position, providing the first empirically based critical analysis of administrative federalism, focusing on the recently enacted Adam Walsh Act, intended by Congress to redesign states’ sex offender registration and community notification laws. The paper casts significant doubt on the accepted empirical assumptions of administrative federalism, adding to the limited evidence amassed …
A Crooked Picture: Re-Framing The Problem Of Child Sexual Abuse, Eric S. Janus
A Crooked Picture: Re-Framing The Problem Of Child Sexual Abuse, Eric S. Janus
Faculty Scholarship
This article discusses the problem of ending child sexual abuse using an allegory explaining that certain types of punitive solutions as solving the river "downstream", or in problem-solving mode, as opposed to "upstream", or in prospective problem avoidance. The thesis of this brief article is that our public policy is focused too far downstream. We rightly condemn child sexual abuse, but our public discourse frames the issue in a way that misdirects our public policy towards downstream solutions. If we truly want to protect our children from sexual abuse and end the cycle of violence, we need to reframe the …
Sex Offender Registration And Community Notification Policy: Past, Present, And Future, Wayne A. Logan
Sex Offender Registration And Community Notification Policy: Past, Present, And Future, Wayne A. Logan
Scholarly Publications
Based on a keynote address delivered in conjunction with the Journal's annual symposium, this paper examines several of the major legal and policy issues associated with sex offender registration and community notification laws. Particular attention is dedicated to the Adam Walsh Act, a federal law enacted in July 2006 that continues efforts by Congress to foster changes in state registration and notification regimes as a result of its Spending Clause authority. In addition to discussing the federalism implications of the AWA, the paper examines several of its most significant provisions, including those calling for empirical assessment of registration and community …
State Ex Rel., J.P.F., Janie Byalik