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Full-Text Articles in Evidence

The Statistical Evidence Of Racial Profiling In Traffic Stops And Searches: Rethinking The Use Of Statistics To Prove Discriminatory Intent, Melissa Whitney Jan 2008

The Statistical Evidence Of Racial Profiling In Traffic Stops And Searches: Rethinking The Use Of Statistics To Prove Discriminatory Intent, Melissa Whitney

Boston College Law Review

This Note summarizes and synthesizes developments in statistical analyses of racial profiling data and the legal response to the use of such methods in civil rights cases. Researchers have developed new strategies specifically designed to measure statistical associations between a driver's race and the frequency of vehicle stops and searches. Courts' responses to the use of the statistical evidence derived from these methods are varied. This Note argues that modern developments in data collection and statistical methodology to detect racial profiling support a legal rule that strong statistical associations in well-developed studies should constituteprima facie evidence sufficient to prove ...


Citizen Journalism And The Reporter’S Privilege, Mary-Rose Papandrea Mar 2007

Citizen Journalism And The Reporter’S Privilege, Mary-Rose Papandrea

Boston College Law School Faculty Papers

The reporter’s privilege is under attack, and “pajama-clad bloggers” are largely to blame. Courts and commentators have argued that because the rise of bloggers and other “citizen journalists” renders it difficult to define who counts as a reporter entitled to invoke the privilege, its continued existence is in grave doubt. The accompanying Article argues that this hysteria is misplaced. The development of the internet as a new medium of communication in many ways poses the same kinds of challenges to the reporter’s privilege that courts and state legislatures have faced for decades as television reporters, radio commentators, book ...


A Rude Awakening: What To Do With The Sleepwalking Defense?, Mike Horn Dec 2004

A Rude Awakening: What To Do With The Sleepwalking Defense?, Mike Horn

Boston College Law Review

Some sleepwalkers commit acts of violence, or even murder, in their sleep. Courts must decide what to do with criminal defendants who raise a defense of sleepwalking. A brief review of common law reveals that courts apply the defense inconsistently under various doctrines of justification and excuse. Sleepwalking is a unique medical phenomenon, and courts are poorly equipped to evaluate claims of sleepwalking under existing common law defenses. This Note proposes a single sleepwalking defense based on a balancing test that integrates the medical understanding of sleepwalking.


The Good Faith Exception To The Exclusionary Rule: United States V. Leon And Massachusetts V. Sheppard, Marc W. Mcdonald May 1986

The Good Faith Exception To The Exclusionary Rule: United States V. Leon And Massachusetts V. Sheppard, Marc W. Mcdonald

Boston College Law Review

No abstract provided.