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The Privacies Of Life: Automatic License Plate Recognition Is Unconstitutional Under The Mosaic Theory Of Fourth Amendment Privacy Law, Jessica Gutierrez-Alm 2015 Winthrop & Weinstine, Associate Attorney

The Privacies Of Life: Automatic License Plate Recognition Is Unconstitutional Under The Mosaic Theory Of Fourth Amendment Privacy Law, Jessica Gutierrez-Alm

Hamline Law Review

Abstract


Resolution To Discourage Police Use Of Choke-Holds In California, Catherine L. Rucker 2015 Golden Gate University School of Law

Resolution To Discourage Police Use Of Choke-Holds In California, Catherine L. Rucker

Catherine L Rucker

This resolution would discourage police use of choke-holds by eliminating the training and testing modules for choke holds from the California Commission on Peace Officer Standards and Training (POST) curriculum.

Video of the fatal choke-hold: http://www.theguardian.com/us-news/video/2014/dec/04/i-cant-breathe-eric-garner-chokehold-death-video. See 1:20 min to 1:40 min.


Identifying Criminals’ Risk Preferences, Murat C. Mungan, Jonathan Klick 2015 Florida State University

Identifying Criminals’ Risk Preferences, Murat C. Mungan, Jonathan Klick

Faculty Scholarship

There is a 250 year old presumption in the criminology and law enforcement literature that people are deterred more by increases in the certainty rather than increases in the severity of legal sanctions. We call this presumption the Certainty Aversion Presumption (CAP). Simple criminal decision making models suggest that criminals must be risk-seeking if they behave consistently with CAP. This implication leads to disturbing interpretations, such as criminals being categorically different than law abiding people, who often display risk-averse behavior while making financial decisions. Moreover, policy discussions that incorrectly rely on criminals’ risk attitudes implied by CAP are ill-informed, and ...


Extradition Treaty Improvements To Combat Drug Trafficking, J. Richard Barnett 2015 University of Georgia School of Law

Extradition Treaty Improvements To Combat Drug Trafficking, J. Richard Barnett

Georgia Journal of International & Comparative Law

No abstract provided.


Civil Asset Forfeiture: An Economic Analysis Of Ontario And British Columbia, Patrick Daley 2015 Western University

Civil Asset Forfeiture: An Economic Analysis Of Ontario And British Columbia, Patrick Daley

Western Journal of Legal Studies

This paper compares and analyzes the incentive structure of Ontario and British Columbia’s civil asset forfeiture regimes. Part one surveys the American civil forfeiture experience to draw out theoretical considerations from American academia and inform a discussion of Canadian law. Part two compares the Ontario and British Columbia civil forfeiture regimes and identifies institutional incentives and barriers embedded in the framework of the forfeiture regimes in each province. Part three uses empirical data to explain how Ontario and British Columbia’s incentive structures affect civil forfeiture’s use. The paper argues there is an optimal allocation of resources towards ...


Permissibility Of Colour And Racial Profiling, James Singh Gill 2015 Thompson Rivers University

Permissibility Of Colour And Racial Profiling, James Singh Gill

Western Journal of Legal Studies

Racial profiling in law enforcement is a contentious matter, particularly in light of U.S. police-citizen race tensions. The racial profiling debate has not been settled. Racial profiling proponents view it as a tool to effectively uncover criminal activity among certain racial groups. Critics find that racial profiling perpetuates racial stigmas and is largely inefficient as a policing tool. This article explores the ongoing debate and offers an overview of the Canadian judicial experience with racial profiling. The author proposes a middle-ground solution where racial profiling may be used under certain constraints imposed on law enforcement. The author suggests that ...


Jones, Lackey, And Teague, Richard Broughton 2015 University of Detroit Mercy School of Law

Jones, Lackey, And Teague, Richard Broughton

Richard Broughton

In a recent, high-profile ruling, a federal court finally recognized that a substantial delay in executing a death row inmate violated the Eighth Amendment’s ban on cruel and unusual punishments. Courts have repeatedly rejected these so-called “Lackey claims,” making the federal court’s decision in Jones v. Chappell all the more important. And yet it was deeply flawed. This paper focuses on one of the major flaws in the Jones decision that largely escaped attention: the application of the non-retroactivity rule from Teague v. Lane. By comprehensively addressing the merits of the Teague bar as applied to Lackey claims ...


Hassle, Jane Bambauer 2015 University of Arizona James E Rogers College of Law

Hassle, Jane Bambauer

Michigan Law Review

Before police perform a search or seizure, they typically must meet the probable cause or reasonable suspicion standard. Moreover, even if they meet the appropriate standard, their evidence must be individualized to the suspect and cannot rely on purely probabilistic inferences. Scholars and courts have long defended the distinction between individualized and purely probabilistic evidence, but existing theories of individualization fail to articulate principles that are descriptively accurate or normatively desirable. They overlook the only benefit that the individualization requirement can offer: reducing hassle. Hassle measures the chance that an innocent person will experience a search or seizure. Because some ...


California State Parks: Implementing Recent Recommendations Regarding Peace Officers, California Research Bureau 2015 Golden Gate University School of Law

California State Parks: Implementing Recent Recommendations Regarding Peace Officers, California Research Bureau

California Agencies

The California State Legislature requested a blueprint for implementing certain recommendations of the Little Hoover Commission (LHC), the Parks Forward Commission, and others for organizational change at the Department of Parks and Recreation (DPR). In its March 2013 report, “Beyond Crisis: Recapturing Excellence in California’s State Park System,” LHC recommended transforming DPR into a new operating model built around shared management, innovation, greater transparency, and the expectation that it generate more revenue from its operations.1 LHC recommended two specific actions as critical steps to achieving the transformation: first, to create a promotional path to management for staff without ...


Managing Cyberthreat, Lawrence J. Trautman 2015 Entrepreneur & Professional Corporate Director

Managing Cyberthreat, Lawrence J. Trautman

Lawrence J. Trautman Sr.

Cyber security is an important strategic and governance issue. However, because most corporate CEOs and directors have no formal engineering or information technology training, it is understandable that their lack of actual cybersecurity knowledge is problematic. Particularly among smaller companies having limited resources, knowledge regarding what their enterprise should actually be doing about cybersecurity can’t be all that good.

My goal in this article is to explore the unusually complex subject of cybersecurity in a highly readable manner. First, an examination of recent threats is provided. Next, governmental policy initiatives are discussed. Third, some basic tools that can be ...


Structural Reform Litigation In American Police Departments, Stephen Rushin 2015 University of Illinois College of Law

Structural Reform Litigation In American Police Departments, Stephen Rushin

Stephen Rushin

In 1994, Congress passed 42 U.S.C. §14141, a statute authorizing the Attorney General to seek equitable relief against local and state police agencies that are engaged in a pattern or practice of unconstitutional misconduct. Although police departments in some of the nation’s largest cities have now undergone this sort of structural reform litigation, there has been little empirical research on the topic. Drawing on original interviews, court documents, statistical data, and media reports, this Article describes the federal government’s use of structural reform litigation in American police departments and theorizes on its effectiveness. It argues that ...


Confronting Cops In Immigration Court, Mary Holper 2015 Boston College

Confronting Cops In Immigration Court, Mary Holper

Mary Holper

Immigration judges routinely use police reports to make life-altering decisions in noncitizens’ lives. The word of the police officer prevents a detainee from being released on bond, leads to negative discretionary decisions in relief from removal, and can prove that a past crime fits within a ground of removability. Yet the police officers who write these reports rarely step foot in immigration court; immigration judges rely on the hearsay document to make such critical decisions. This practice is especially troubling when the same police reports cannot be used against the noncitizen in a criminal case without the officer testifying, due ...


Arrests As Regulation, Eisha Jain 2015 Georgetown University Law Center

Arrests As Regulation, Eisha Jain

Georgetown Law Faculty Publications and Other Works

For some arrested individuals, the most important consequences of their arrest arise outside the criminal justice system. Arrests alone—regardless of whether they result in conviction—can lead to a range of consequences, including deportation, eviction, license suspension, custody disruption, or adverse employment actions. But even as courts, scholars, and others have drawn needed attention to the civil consequences of criminal convictions, they have paid relatively little attention to the consequences of arrests in their own right. This article aims to fill that gap by providing an account of how arrests are systemically used outside the criminal justice system. Noncriminal ...


Powerlessness Within A Budget-Driven Paradigm: A Grounded Theory Leadership Study From The Perspective Of Michigan Corrections Officers, Timothy Michael Eklin 2015 Antioch University - PhD Program in Leadership and Change

Powerlessness Within A Budget-Driven Paradigm: A Grounded Theory Leadership Study From The Perspective Of Michigan Corrections Officers, Timothy Michael Eklin

Dissertations & Theses

This study explored the lived-experiences of 15 correctional officers and 5 sergeants working in adult state-operated prison facilities in Michigan. In particular, this qualitative grounded theory study revealed the impact that budget driven decision-making had on the lives of correctional officers: its effect on institutional custody, security, and safety. The study finds that many recent policy changes resulted in a sense of powerlessness expressed by the participants of the study. Participants found themselves in a precarious position, situated in between the prison population and the administration. Having an understanding of how correctional officers make meaning of their work in relation ...


Apellate Division, Third Department, People V. Kelley, Elyssa Lane 2014 Touro College Jacob D. Fuchsberg Law Center

Apellate Division, Third Department, People V. Kelley, Elyssa Lane

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Johnson, Denise Shanley 2014 Touro College Jacob D. Fuchsberg Law Center

Court Of Appeals Of New York, People V. Johnson, Denise Shanley

Touro Law Review

No abstract provided.


Everyone Forgets About The Third Amendment: Exploring The Implications On Third Amendment Case Law Of Extending Its Prohibitions To Include Actions By State Police Officers, Samantha A. Lovin 2014 College of William & Mary Law School

Everyone Forgets About The Third Amendment: Exploring The Implications On Third Amendment Case Law Of Extending Its Prohibitions To Include Actions By State Police Officers, Samantha A. Lovin

William & Mary Bill of Rights Journal

No abstract provided.


What We Should Learn From Garner And Ferguson Cases, Jeffrey Bellin 2014 William & Mary Law School

What We Should Learn From Garner And Ferguson Cases, Jeffrey Bellin

Popular Media

No abstract provided.


Forgotten Women: Incarceration And Health Concerns Of Minority Women, Chaundra L. Whitehead, Regina McDade, Mary Mites-Campbell 2014 Florida International University

Forgotten Women: Incarceration And Health Concerns Of Minority Women, Chaundra L. Whitehead, Regina Mcdade, Mary Mites-Campbell

South Florida Education Research Conference

Paper Presentation


Lethal Injection Secrecy And Eighth Amendment Due Process , Eric Berger 2014 University of Nebraska College of Law

Lethal Injection Secrecy And Eighth Amendment Due Process , Eric Berger

Boston College Law Review

The U.S. Supreme Court has held that death row inmates possess an Eighth Amendment right protecting them against execution methods posing a substantial risk of serious harm. Despite the clear existence of this liberty interest, lower federal courts have repeatedly denied inmates’ requests to know important details of the lethal injection procedure the state plans to use. This Article argues that the Eighth Amendment includes an implicit due process right to know such information about the state’s planned method of execution. Without this information, inmates cannot protect their Eighth Amendment right against an excruciating execution, because the state ...


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