Notes On Borrowing And Convergence,
2011
American University Washington College of Law
Notes On Borrowing And Convergence, Robert Tsai, Nelson Tebbe
Articles in Law Reviews & Other Academic Journals
his is a response to Jennifer E. Laurin, "Trawling for Herring: Lessons in Doctrinal Borrowing and Convergence," 111 Colum. L. Rev. 670 (2011), which analyzes the Supreme Court's resort to tort-based concepts to limit the reach of the Fourth Amendment's exclusionary rule. We press three points. First, there are differences between a general and specific critique of constitutional borrowing. Second, the idea of convergence as a distinct phenomenon from borrowing has explanatory potential and should be further explored. Third, to the extent convergence occurs, it matters whether concerns of judicial administration or political reconstruction are driving doctrinal changes.
School Children And Parolees: Not So Special Anymore,
2011
Mitchell Hamline School of Law
School Children And Parolees: Not So Special Anymore, Edwin Butterfoss
Faculty Scholarship
The Fourth Amendment special needs exception may be one of the Court’s most puzzling doctrines. Since its origin, the Court has struggled to define its limits and its place in the Court’s suspicionless search and seizure jurisprudence. At times the Court has suggested that the exception is the only route to upholding a search or seizure in the absence of individualized suspicion, while at other times it has stated that it is just one of a limited number of exceptions to the requirement of individualized suspicion. Historically, while the application of the special needs exception has been unpredictable, one thing …
Those Who Ignore The Successes Of The Past Suffer Recurrent, Intensifying Crises,
2011
University of Missouri - Kansas City, School of Law
Those Who Ignore The Successes Of The Past Suffer Recurrent, Intensifying Crises, William K. Black
Faculty Works
No abstract provided.
Seen But Not Heard: An Argument For Granting Evidentiary Hearings To Weigh The Credibility Of Recanted Testimony,
2011
University of Georgia School of Law
Seen But Not Heard: An Argument For Granting Evidentiary Hearings To Weigh The Credibility Of Recanted Testimony, Michael M. Hill
Georgia Law Review
The case of Troy Davis shows how difficult it is for a
convicted criminal defendant to obtain postconviction
review of witness recantations. Convicted of murder on
the testimony of nine eyewitnesses, Davis spent over a
decade petitioning for judicial review of the recantations of
seven of those witnesses before the U.S. Supreme Court
ordered an evidentiary hearing in 2009. Concurrently, the
DNA revolution continued to prove the innocence of an
increasing number of convicted inmates across the nation,
and the majority of those convictions had relied on
eyewitness testimony. If these scientific advances suggest
that eyewitness identification is not as …
Aba's Project To Revise The Criminal Justice Standards For The Prosecution And Defense Functions,
2011
UC Hastings College of the Law
Aba's Project To Revise The Criminal Justice Standards For The Prosecution And Defense Functions, Rory K. Little
Faculty Scholarship
No abstract provided.
Gideon'S Vuvuzela: Reconciling The Sixth Amendments Promises With The Doctrines Of Forfeiture And Implicit Waiver Of Counsel,
2011
Mercer University School of Law
Gideon'S Vuvuzela: Reconciling The Sixth Amendments Promises With The Doctrines Of Forfeiture And Implicit Waiver Of Counsel, Sarah Gerwig-Moore
Articles
Dating back to the early decades of the twentieth century, the United States Supreme Court has articulated clear, venerable standards for the waiver of constitutional rights--and in particular the right to counsel. This is a rich area for both litigation and teaching, if only to be able to repeat phrases such as "courts indulge every reasonable presumption against waiver" and "we do not presume acquiescence in the loss of fundamental rights." A defendant must proceed with "eyes open," and a waiver will not be presumed from a "silent record." Consistently affirmed and reaffirmed by the United States Supreme Court and …
Courts Re-Examine The Application Of Goldfinger-Era Electronic Tracking Cases To Law Enforcement Use Of Gps Tracking Devices,
2011
University of Richmond
Courts Re-Examine The Application Of Goldfinger-Era Electronic Tracking Cases To Law Enforcement Use Of Gps Tracking Devices, Joshua A. Engel
Richmond Public Interest Law Review
GPS tracking devices have become inexpensive, small, and can easily be attached to a vehicle quickly. Law enforcement is increasingly using these devices to track the exact location of a suspect's vehicle over a long period of time. In most instances, relying on Supreme Court cases from the early 1980's, law enforcement has not sought a warrant before using these devices. This paper examines how courts have attempted to apply Supreme Court precedents based on "primitive" tracking devices to modern GPS tracking devices. These precedents established that the use of electronic tracking devices on vehicles did not constitute a search …
Automobile Consent Searches: The Driver's Options In A Lose-Lose Situation,
2011
University of Richmond
Automobile Consent Searches: The Driver's Options In A Lose-Lose Situation, Arthur J. Park
Richmond Public Interest Law Review
"Do you mind if I take a quick look in the vehicle?" This is a question that countless Americans hear every day, but very few citizens understand the ramifications of their answer. How long can the officer keep me here? What if there is something in my car that I do not know about? Can I be arrested if I refuse the search? This article will address the legal context surrounding consent searches of automobiles in order to provide some clarity to drivers and passengers that are put in this lose-lose situation.
Courts Re-Examine The Application Of Goldfinger-Era Electronic Tracking Cases To Law Enforcement Use Of Gps Tracking Devices,
2011
University of Richmond
Courts Re-Examine The Application Of Goldfinger-Era Electronic Tracking Cases To Law Enforcement Use Of Gps Tracking Devices, Joshua A. Engel
Richmond Journal of Law and the Public Interest
GPS tracking devices have become inexpensive, small, and can easily be attached to a vehicle quickly. Law enforcement is increasingly using these devices to track the exact location of a suspect's vehicle over a long period of time. In most instances, relying on Supreme Court cases from the early 1980's, law enforcement has not sought a warrant before using these devices. This paper examines how courts have attempted to apply Supreme Court precedents based on "primitive" tracking devices to modern GPS tracking devices. These precedents established that the use of electronic tracking devices on vehicles did not constitute a search …
Convicted By A Sleeping Jury: Harmless Error Or A Challenge To The Integrity Of Our Criminal Justice System, 44 J. Marshall L. Rev. 751 (2011),
2011
UIC School of Law
Convicted By A Sleeping Jury: Harmless Error Or A Challenge To The Integrity Of Our Criminal Justice System, 44 J. Marshall L. Rev. 751 (2011), Rhandi Childress
UIC Law Review
No abstract provided.
Therapeutic Jurisprudence And Family-Friendly Criminal Law Practice,
2011
Barry University School of Law
Therapeutic Jurisprudence And Family-Friendly Criminal Law Practice, David B. Wexler
Barry Law Review
No abstract provided.
In Order To Be Silent, You Must First Speak: The Supreme Court Extends Davis's Clarity Requirement To The Right To Remain Silent In Berghuis V. Thompkins, 44 J. Marshall L. Rev. 423 (2011),
2011
UIC School of Law
In Order To Be Silent, You Must First Speak: The Supreme Court Extends Davis's Clarity Requirement To The Right To Remain Silent In Berghuis V. Thompkins, 44 J. Marshall L. Rev. 423 (2011), Harvey Gee
UIC Law Review
No abstract provided.
One Day Criminal Careers: The Armed Career Criminal Act's Different Occassions Provisions, 44 J. Marshall L. Rev. 963 (2011),
2011
UIC School of Law
One Day Criminal Careers: The Armed Career Criminal Act's Different Occassions Provisions, 44 J. Marshall L. Rev. 963 (2011), Jenny W.L. Osborne
UIC Law Review
No abstract provided.
Masthead,
2011
University of Pennsylvania Carey Law School
Masthead, Editors
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Deciding When To Decide: How Appellate Procedure Distributes The Costs Of Legal Change,
2011
William & Mary Law School
Deciding When To Decide: How Appellate Procedure Distributes The Costs Of Legal Change, Aaron-Andrew P. Bruhl
Faculty Publications
Legal change is a fact of life, and the need to deal with it has spawned a number of complicated bodies of doctrine. Some aspects of the problem of legal change have been studied extensively, such as doctrines concerning the retroactivity of new law and the question whether inferior courts can anticipatorily overrule a moribund superior court precedent. How such questions are answered affects the size and the distribution of the costs of legal change. Less appreciated is the way that heretofore almost invisible matters of appellate procedure and case handling also allocate the costs of legal transitions. In particular, …
Crime Mapping And The Fourth Amendment: Redrawing 'High Crime Areas',
2011
American University Washington College of Law
Crime Mapping And The Fourth Amendment: Redrawing 'High Crime Areas', Andrew Ferguson
Articles in Law Reviews & Other Academic Journals
This article addresses how “crime mapping” technology has the potential to reshape Fourth Amendment protections in designated “high crime areas.” In the past few years, the ability of police administrators to identify and officially label “high crime areas” has rapidly expanded. Geographic Information Systems (GIS) and crime mapping technology has simplified the collection and analysis of crime statistics. These GIS crime mapping technologies can produce almost perfect information about the level, rate, and geographic location of crimes in any given area.While effective policing tools, these technologies have constitutional consequences that are only now being considered. Under existing Supreme Court precedent, …
A Diva Defends Herself: Gender And Domestic Violence In An Early Twentieth-Century Headline Trial,
2011
University of Colorado Law School
A Diva Defends Herself: Gender And Domestic Violence In An Early Twentieth-Century Headline Trial, Carolyn B. Ramsey
Publications
This short article was presented as part of a symposium on headline criminal trials, organized by St. Louis University School of Law in honor of Lawrence Friedman. It describes and analyzes the self-defense acquittal of opera singer Mae Talbot in Nevada in 1910 on charges of murdering her abusive husband. Based on extensive research into archival trial records and newspaper reports, the article discusses how the press, the court, and trial lawyers on both sides depicted the killing and Mae’s possible defenses. Without discounting the sensationalism and entertainment value, to a scandal-hungry public, of stories about violent marriages, I contend …
Memory And Punishment,
2011
Notre Dame Law School
Memory And Punishment, O. Carter Snead
Journal Articles
This article is the first scholarly exploration of the implications of neurobiological memory modification for criminal law. Its point of entry is the fertile context of criminal punishment, in which memory plays a crucial role. Specifically, this article will argue that there is a deep relationship between memory and the foundational principles justifying how punishment should be distributed, including retributive justice, deterrence, incapacitation, rehabilitation, moral education, and restorative justice. For all such theoretical justifications, the questions of who and how much to punish are inextricably intertwined with how a crime is remembered - by the offender, by the sentencing authority, …
The Myth Of The Fully Informed Rational Actor,
2011
University of Pennsylvania Carey Law School
The Myth Of The Fully Informed Rational Actor, Stephanos Bibas
All Faculty Scholarship
No abstract provided.
The State (Never) Rests: How Excessive Prosecutor Caseloads Harm Criminal Defendants,
2011
William & Mary Law School
The State (Never) Rests: How Excessive Prosecutor Caseloads Harm Criminal Defendants, Adam M. Gershowitz, Laura R. Killinger
Faculty Publications
No abstract provided.
