College of William & Mary Law School
George Washington University Law School
Seattle University School of Law
University of Florida Levin College of Law
Boston College Law School
Villanova University Charles Widger School of Law
Duke Law
Does The End Justify The Means? The Clumsy And Circuitous Logic Of Blood Test Admissibility In Criminal Prosecutions In State V. Cormier,
2017
University of Maine School of Law
Does The End Justify The Means? The Clumsy And Circuitous Logic Of Blood Test Admissibility In Criminal Prosecutions In State V. Cormier, Kyle T. Macdonald
Maine Law Review
In State v. Cormier, the Maine Supreme Judicial Court, sitting as the Law Court, was asked to determine whether a Maine statute requiring law enforcement officers to test the blood of all drivers for intoxicants following a fatal motor vehicle collision violates the Fourth Amendment of the United States Constitution when the operation of the statute allows for the admission of those blood test results in a future criminal trial of the driver. In determining that the procedures of title 29-A, section 2522 of the Maine Revised Statutes are not violative of the Fourth Amendment, the Law Court effectively confirmed ...
The Supreme Court's Long And Perhaps Unnecessary Struggle To Find A Standard Of Culpability To Regulate The Federal Exclusionary Remedy For Fourth/Fourteenth Amendment Violations,
2017
University of Maine School of Law
The Supreme Court's Long And Perhaps Unnecessary Struggle To Find A Standard Of Culpability To Regulate The Federal Exclusionary Remedy For Fourth/Fourteenth Amendment Violations, Melvyn H. Zarr
Maine Law Review
On January 14, 2009, the United States Supreme Court decided Herring v. United States. In Herring, the defendant moved to suppress evidence that he alleged was seized as a result of an arrest that violated the Fourth and Fourteenth Amendments to the U.S. Constitution. The Supreme Court approved the decision below to deny suppression of the evidence. The decision set off a flurry of speculation that the Fourth Amendment exclusionary rule would not see its 100th birthday in 2014. A headline in the New York Times of January 31 declared: “Supreme Court Edging Closer to Repeal of Evidence Ruling ...
Reflections On Forty Years Of Private Practice And Sustained Pro Bono Advocacy,
2017
University of Maine School of Law
Reflections On Forty Years Of Private Practice And Sustained Pro Bono Advocacy, Stephen H. Oleskey
Maine Law Review
I am going to address two topics. The first is the one Judge Coffin asked me to address in October 2009, when I was invited to give the 2010 Coffin Lecture: how to combine the private practice of law with an active pro bono practice. The second topic is the one Dean Peter Pitegoff and I agreed to add: a brief discussion of legal developments in national security law since 9/11. My pro bono involvement in Guantanamo Habeas litigation began in 2004 and led directly to my interest in national security law and to my recognition of how difficult ...
The Prolonged Arm Of The Law: Fourth Amendment Principles, The Maynard Decision, And The Need For A New Warrant For Electronic Tracking,
2017
University of Maine School of Law
The Prolonged Arm Of The Law: Fourth Amendment Principles, The Maynard Decision, And The Need For A New Warrant For Electronic Tracking, R. Reeve Wood Iii
Maine Law Review
This article examines the decision in United States v. Maynard as well as the simultaneous emergence of a vocal set of magistrate judges advocating for Fourth Amendment protection for cell phone location information. It argues that, even if the Maynard rationale is widely adopted and the use of tracking devices is found to be a search, the Fourth Amendment principles of specificity and limited discretion on the part of government officers mean that the warrant frameworks currently in use will not provide adequate protection from the threat of government officers obtaining information for which they have not demonstrated a need ...
Litigating Police Misconduct: Does The Litigation Process Matter? Does It Work?,
2017
Northwestern University School of Law
Litigating Police Misconduct: Does The Litigation Process Matter? Does It Work?
Northwestern Journal of Law & Social Policy
No abstract provided.
Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Paul Butler,
2017
Northwestern University School of Law
Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Paul Butler
Northwestern Journal of Law & Social Policy
No abstract provided.
Fbi's Carnivore: Under The Fourth Amendment And The Usa Patriot Act,
2017
University of Oklahoma College of Law
Fbi's Carnivore: Under The Fourth Amendment And The Usa Patriot Act, Scott Griner
Oklahoma Journal of Law and Technology
No abstract provided.
Emailer Beware: The Fourth Amendment And Electronic Mail,
2017
University of Oklahoma College of Law
Emailer Beware: The Fourth Amendment And Electronic Mail, E. Parker Lowe
Oklahoma Journal of Law and Technology
No abstract provided.
Enforcing The Fourth Amendment: The Original Understanding,
2017
St. John's University School of Law
Enforcing The Fourth Amendment: The Original Understanding, Bradford Wilson
The Catholic Lawyer
No abstract provided.
The Wrong Decision At The Wrong Time: Utah V. Strieff In The Era Of Aggressive Policin,
2017
University of Georgia School of Law
The Wrong Decision At The Wrong Time: Utah V. Strieff In The Era Of Aggressive Policin, Julian A. Cook Iii
SMU Law Review
No abstract provided.
The Quality Of Life: From Roe To Quinlan And Beyond,
2017
St. John's University School of Law
The Quality Of Life: From Roe To Quinlan And Beyond, Joseph Cincotta
The Catholic Lawyer
No abstract provided.
Digital Effects: The Fourth Amendment And Computer Searches Warrants,
2017
University of Oklahoma College of Law
Digital Effects: The Fourth Amendment And Computer Searches Warrants, Ash Moore
Oklahoma Journal of Law and Technology
No abstract provided.
Reaching Across The Threshold Of The Fourth Amendment - Why Payton V. New York Should Be Interpreted Broadly,
2017
Southern Methodist University
Reaching Across The Threshold Of The Fourth Amendment - Why Payton V. New York Should Be Interpreted Broadly, Caroline Hunt
SMU Law Review
No abstract provided.
The Outer Limits: Imsi-Catchers, Technology, And The Future Of The Fourth Amendment,
2017
Pepperdine University
The Outer Limits: Imsi-Catchers, Technology, And The Future Of The Fourth Amendment, Ryan C. Chapman
Pepperdine Law Review
Recent advances in technology are posing new challenges for a legal system based on decades-old precedent. Nowhere is this more apparent than in law enforcement’s warrantless use of IMSI Catchers. These devices mimic a cell phone tower, and when the device is activated, cell phones will naturally connect to them. Law enforcement officers can use those intercepted cell phone signals to track a suspect’s movements in real time with startling accuracy. Scholarly commentary on these devices has largely concluded that their use requires a warrant. This Comment engages in a close examination of Fourth Amendment precedent and argues ...
Federal Habeas Review Of State Court Convictions: Incoherent Law But An Essential Right,
2017
University of Maine School of Law
Federal Habeas Review Of State Court Convictions: Incoherent Law But An Essential Right, Lynn Adelman
Maine Law Review
I thank the editors of the Maine Law Review for the opportunity to participate in a discussion about the present state of post-conviction review of criminal convictions. This discussion is important and timely both because the quality of the procedures by which state prisoners can obtain post-conviction review varies greatly from state to state and because state prisoners who seek federal court review of their constitutional claims by petitioning for a writ of habeas corpus face many obstacles. As a federal district judge, my experience is primarily with the later problem. Thus, in this article, I will offer a few ...
Nearsighted And Colorblind: The Perspective Problems Of Police Deadly Force Cases,
2017
University of Toledo College of Law
Nearsighted And Colorblind: The Perspective Problems Of Police Deadly Force Cases, Jelani Jefferson Exum
Cleveland State Law Review
In dealing with the recently publicized instances of police officers’ use of deadly force, some reform efforts have been focused on the entities that are central to the successful prosecutions of police—the prosecutor and the grand jury. Some have suggested special, independent prosecutors for these cases so that the process of deciding whether to seek charges against police officers remains untainted by the necessary cooperative relationship between the police department and the prosecutor’s office. Others have urged more transparency in the grand jury process so that the public can scrutinize a prosecutor’s efforts in presenting evidence for ...
Rule 41 Amendments Provide For A Drastic Expansion Of Government Authority To Conduct Computer Searches And Should Not Have Been Adopted By The Supreme Court,
2017
University of Maryland Francis King Carey School of Law
Rule 41 Amendments Provide For A Drastic Expansion Of Government Authority To Conduct Computer Searches And Should Not Have Been Adopted By The Supreme Court, Markus Rauschecker
Maryland Law Review
No abstract provided.
The Legacy Of Slavery And The Continued Marginalization Of Communities Of Color Within The Legal System,
2017
The Graduate Center, City University of New York
The Legacy Of Slavery And The Continued Marginalization Of Communities Of Color Within The Legal System, Julia N. Alvarez
All Graduate Works by Year: Dissertations, Theses, and Capstone Projects
The aim of this thesis paper is to demonstrate how the history of slavery in the United States continues to marginalize communities of color. The history of slavery in America was the result of various factors. Some of these factors included but were not limited to; economic, legal, and social. Slavery provided a reliable and self-reproducing workforce. The laws enacted during slavery ensured the continuation of the social order of the time. This social order was based on the generalized understanding that blacks were born into servitude. Those born into slavery were not given the same legal or economic status ...
Procedural Due Process Claims,
2017
Selected Works
Procedural Due Process Claims, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Fourth Amendment Stops, Arrests And Searches In The Context Of Qualified Immunity,
2017
Selected Works
Fourth Amendment Stops, Arrests And Searches In The Context Of Qualified Immunity, Erwin Chemerinsky, Karen M. Blum
Erwin Chemerinsky
No abstract provided.
