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Cell Phone Searches After Riley: Establishing Probable Cause And Applying Search Warrant Exceptions, Erica L. Danielsen 2016 Pace University

Cell Phone Searches After Riley: Establishing Probable Cause And Applying Search Warrant Exceptions, Erica L. Danielsen

Pace Law Review

Part I of this note discusses the Fourth Amendment’s protection against unreasonable search and seizures and its probable cause requirement. The Fourth Amendment’s text remains the same since its enactment. However, interpretation of the Fourth Amendment continues to evolve in order to stay current with society. Interpretation of the Fourth Amendment also varies based on state constitutional law since states can provide its citizens with greater protection than the United States Constitution. This is why the United States Supreme Court, federal district courts, and state courts have all undergone thorough Fourth Amendment analyses when applying the true meaning ...


The Brazilian Clean Company Act: Using Institutional Multiplicity For Effective Punishment, Mariana Mota Prado, Lindsey Carson, Izabela Correa 2016 Osgoode Hall Law School of York University

The Brazilian Clean Company Act: Using Institutional Multiplicity For Effective Punishment, Mariana Mota Prado, Lindsey Carson, Izabela Correa

Osgoode Hall Law Journal

In Brazil’s battle against corruption over the past two decades, there has been significant progress associated with the systems of oversight and investigation but very little progress in holding corrupt actors legally accountable for their transgressions. We suggest that until very recently this could be partially explained by the fact that there was institutional multiplicity (i.e., duplication of functions) in oversight and investigative institutions, while at the punishment stage, a single and underperforming institution—the judiciary—exercised monopolistic authority. To circumvent the limits associated with Brazilian courts, the government is increasingly relying on administrative sanctions for corruption. It ...


Shadow Vigilante Officials Manipulate And Distort To Force Justice From An Apparently Reluctant System, Paul H. Robinson, Sarah M. Robinson 2016 University of Pennsylvania Law School

Shadow Vigilante Officials Manipulate And Distort To Force Justice From An Apparently Reluctant System, Paul H. Robinson, Sarah M. Robinson

Faculty Scholarship

The real danger of the vigilante impulse is not of hordes of citizens, frustrated by the system’s doctrines of disillusionment, rising up to take the law into their own hands. Frustration can spark a vigilante impulse but such classic aggressive vigilantism is not the typical response. More common is the expression of disillusionment in less brazen ways, by a more surreptitious undermining and distortion of the operation of the criminal justice system.

Shadow vigilantes, as they might be called, can affect the operation of the system in a host of important ways. For example, when people act as classic ...


Banning Bribes Abroad: Us Enforcement Of The Foreign Corrupt Practices Act, Ellen Gutterman 2016 Osgoode Hall Law School of York University

Banning Bribes Abroad: Us Enforcement Of The Foreign Corrupt Practices Act, Ellen Gutterman

Osgoode Hall Law Journal

The United States has been at the forefront of international efforts to combat corruption in the global economy for almost forty years, chiefly through its Foreign Corrupt Practices Act [FCPA]. Over the past decade, US enforcement of the FCPA has surged in terms of both the number of enforcement actions and the application of increasingly expansive interpretations of jurisdiction through which to enforce the FCPA on an extraterritorial basis. Extraterritorial enforcement of the FCPA has promoted anti-corruption policies and the banning of bribes abroad, but three aspects of FCPA enforcement shape and constrain the broader goals of global anti-corruption governance ...


Expert Workshop Session: Regulatory Framework, Ashley Ferrelli, Eric Heath, Eulen Jang, Cory Takeuchi 2016 University of Georgia School of Law

Expert Workshop Session: Regulatory Framework, Ashley Ferrelli, Eric Heath, Eulen Jang, Cory Takeuchi

Georgia Journal of International & Comparative Law

No abstract provided.


Children And International Criminal Justice, Fatou Bensouda 2016 International Criminal Court

Children And International Criminal Justice, Fatou Bensouda

Georgia Journal of International & Comparative Law

No abstract provided.


Convening Experts On Children And International Criminal Justice, Diane Marie Amann 2016 University of Georgia School of Law

Convening Experts On Children And International Criminal Justice, Diane Marie Amann

Georgia Journal of International & Comparative Law

No abstract provided.


A Survey Of Possible Legal Responses To International Terrorism: Prevention, Punishment, And Cooperative Action, Jordan J. Paust 2016 Yale University

A Survey Of Possible Legal Responses To International Terrorism: Prevention, Punishment, And Cooperative Action, Jordan J. Paust

Georgia Journal of International & Comparative Law

No abstract provided.


The Incongruous Intersection Of The Black Panther Party And The Ku Klux Klan, Angela A. Allen-Bell 2016 Seattle University School of Law

The Incongruous Intersection Of The Black Panther Party And The Ku Klux Klan, Angela A. Allen-Bell

Seattle University Law Review

When, in 2015, a Louisiana prison warden publically likened the Black Panther Party to the Ku Klux Klan, I was stunned. The differences between the two groups seemed so extreme and so obvious I could not imagine ineptness of this magnitude. Not long after this, a Georgia legislator unashamedly express that the Ku Klux Klan was not a racist, terrorist group, but merely a vigilante group trying to keep law and order. After initial dismay, each of these instances evoked thoughts of the far-reaching implications of officials making operational and policy decisions around such a flawed appreciation of history. These ...


Begging For Due Process: Defending The Rights Of Urban Outcasts In An Italian Town, Giacomo Pailli, Alessandro Simoni 2016 Seattle University School of Law

Begging For Due Process: Defending The Rights Of Urban Outcasts In An Italian Town, Giacomo Pailli, Alessandro Simoni

Seattle University Law Review

Adult begging in Italy has been decriminalized since a Constitutional Court decision in 1995 and an ensuing law, no. 205, in 1999. Nonetheless, beggars, particularly Roma ones, are still perceived by the public as a nuisance, like an issue that should be dealt with. Sensible to the pressure of its constituency, even Florence—a city with a tradition of openness and inclusion—has taken measures against begging and other similar street-level economic activities. Between 2007 and 2008, the first wave of city action in Florence was directed at windshield cleaners at traffic lights. Even though the policy was challenged, it ...


Forging Ahead From Ferguson: Re-Evaluating The Right To Assemble In The Face Of Police Militarization, Ashley M. Eick 2016 College of William & Mary Law School

Forging Ahead From Ferguson: Re-Evaluating The Right To Assemble In The Face Of Police Militarization, Ashley M. Eick

William & Mary Bill of Rights Journal

No abstract provided.


The Effectiveness Of Self-Regulatory Gambling Advertising Rules On The Protection Of Minors And Vulnerable Persons (Uk Based Study), Margaret Carran Dr 2016 City University London

The Effectiveness Of Self-Regulatory Gambling Advertising Rules On The Protection Of Minors And Vulnerable Persons (Uk Based Study), Margaret Carran Dr

International Conference on Gambling and Risk Taking

The liberalisation of the gambling advertising facilitated in the UK by the Gambling Act 2005 led to a natural but phenomenal overall expansion of gambling advertising. While any claims that such gambling marketing may lead to harm continue to be strongly contested, it is at least implicitly accepted that some vulnerable persons, including minors, may require specific protection as mandated by the statutory licensing objective. In the UK this is aimed to be achieved by ensuring that gambling advertisements are ‘socially responsible’ and by the timing/placement restrictions. Compliance is monitored by the ASA that also publishes standards-setting Codes and ...


To Promote Or Not To Promote: An Inquiry Into The Experiences Of Female Police Officers And Their Decisions To Pursue Promotion, Kristin Poleski 2016 Western Michigan University

To Promote Or Not To Promote: An Inquiry Into The Experiences Of Female Police Officers And Their Decisions To Pursue Promotion, Kristin Poleski

Dissertations

Despite an increase in the number of female police officers in U.S. police agencies, female representation in supervisory (sergeant and lieutenant) and command (captain, assistant chief and chief) positions in most agencies is limited. This research study focuses on the promotional aspirations as an explanation of limited female representation with attention to the decision-making criteria female police officers use when deciding to participate in the promotional process. This study also examines the institutional, political, organizational structures, and/or personal factors which may impact the female police officers’ decisions to participate in the promotion process. And, this study examines a ...


The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, Joshua R. Edmundson 2016 California State University - San Bernardino

The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, Joshua R. Edmundson

Electronic Theses, Projects, and Dissertations

The ONE Exhibition explores an era in American history marked by intense government sponsored anti-gay persecution and the genesis of the LGBT equality movement. The study begins during World War II, continues through the McCarthy era and the founding of the nation’s first gay magazine, and ends in 1958 with the first gay Supreme Court case in U.S. history.

Central to the story is ONE The Homosexual Magazine, and its founders, as they embarked on a quest for LGBT equality by establishing the first ongoing nationwide forum for gay people in the U.S., and challenged the government ...


Rescued From The Grave And Then Covered With Mud: Justice Scalia And The Unfinished Restoration Of The Confrontation Right, Richard D. Friedman 2016 University of Michigan Law School

Rescued From The Grave And Then Covered With Mud: Justice Scalia And The Unfinished Restoration Of The Confrontation Right, Richard D. Friedman

Articles

Some years before his death, when asked which was his favorite among his opinions, Antonin Scalia named Crawford v. Washington. It was a good choice. Justice Scalia's opinion in Crawford reclaimed the Confrontation Clause of the Sixth Amendment to the Constitution and restored it to its rightful place as one of the central protections of our criminal justice system. He must have found it particularly satisfying that the opinion achieved this result by focusing on the historical meaning of the text, and that it gained the concurrence of all but two members of the Court, from all ideological positions.


Hands Up At Home: Militarized Masculinity And Police Officers Who Commit Intimate Partner Abuse, 2016 Brigham Young University Law School

Hands Up At Home: Militarized Masculinity And Police Officers Who Commit Intimate Partner Abuse

BYU Law Review

The deaths of Michael Brown and Eric Garner and the almost daily news stories about abusive and violent police conduct are currently prompting questions about the appropriate use of force by police officers. Moreover, the history of police brutality directed towards women is well-documented. Most of that literature, however, captures the violence that police do in their public capacity as officers of the state. This Article examines the violence and abuse perpetrated by police in their private lives, against their intimate partners. Although the public and private overlap, the power and training provided to police officers by the state makes ...


The Legal And Political Implications Of The Nypd's Counterterrorism Operations Overseas: The International Liaison Program, Jia Ma 2016 Dickinson College

The Legal And Political Implications Of The Nypd's Counterterrorism Operations Overseas: The International Liaison Program, Jia Ma

Honors Theses By Year

This paper analyzes one of the New York Police Department’s (“NYPD”) signature international endeavors: the International Liaison Program (“ILP”). It focuses on the political and legal bases for creating and maintaining the ILP. Specifically, the paper examines arguments that the ILP may represent a violation of the U.S. constitutional principles and New York law. The paper illustrates that the existence of the ILP reflects deficiencies of the current state of counterterrorism law in the U.S. and the need to build and perfect the legal institution in the area of domestic counterterrorism operations.


Violence And Police Diversity: A Call For Research, 2016 Brigham Young University Law School

Violence And Police Diversity: A Call For Research

BYU Law Review

No abstract provided.


The Use Of German Prisoners Of War In Louisiana's Agricultural Labor Force, 1942 - 1946, Ronald N. Brady 2016 University of New Orleans, New Orleans

The Use Of German Prisoners Of War In Louisiana's Agricultural Labor Force, 1942 - 1946, Ronald N. Brady

University of New Orleans Theses and Dissertations

No abstract provided.


From The Desire To Mark Essex: The Catalysts Of Militarization For The New Orleans Police Department, Derrick W.A. Martin 2016 University of New Orleans

From The Desire To Mark Essex: The Catalysts Of Militarization For The New Orleans Police Department, Derrick W.A. Martin

University of New Orleans Theses and Dissertations

Abstract

The ultimate goal in the South was to end segregation, but nationwide equal-rights were the common goal of all African-Americans. Nonviolent protests and over aggressive police departments became the norm within the African-American community. Understated in the history of the Civil Rights Era is the role of armed resistance and Black Nationalism. Marcus Garvey, Stokely Carmichael, Huey P. Newton, and Malcolm X were Black Nationalists that led the charge of Black Nationalism worldwide. The Deacons of Defense, the Lowndes County Freedom Organization (LCFO) and the Black Panther Party for Self Defense transformed the social makeup of the country and ...


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