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Trapped To Confess: State V. Gray And Arizona’S Outlier Entrapment Statute, Venus Chui 2017 Boston College Law School

Trapped To Confess: State V. Gray And Arizona’S Outlier Entrapment Statute, Venus Chui

Boston College Journal of Law & Social Justice

On June 20, 2016, in State v. Gray, the Arizona Supreme Court held that for a defendant to invoke the defense of entrapment, he or she must affirmatively admit each element of the crime. The case emerged after Maverick Gray was arrested and charged for selling cocaine to an undercover police officer, and raised the entrapment defense at trial without disputing the government’s evidence of his guilt. The court explained that simply choosing not to challenge the evidence does not rise to the level of an affirmative admission. The dissent persuasively argued that Arizona’s entrapment statute is draconian ...


Mean Muggin’ No More: Detroit Free Press V. U.S. Dep’T Of Justice And A Non-Trivial Privacy Interest In Booking Photographs, Meghan Looney 2017 Boston College Law School

Mean Muggin’ No More: Detroit Free Press V. U.S. Dep’T Of Justice And A Non-Trivial Privacy Interest In Booking Photographs, Meghan Looney

Boston College Journal of Law & Social Justice

On July 14, 2016, the U.S. Court of Appeals for the Sixth Circuit held that criminal defendants have a legitimate privacy interest in their booking photographs, thereby reversing and remanding a grant of summary judgment in favor of the Detroit Free Press’s request for the booking photographs of four police officers who had recently been indicted for bribery and drug conspiracy. In holding that the public disclosure of booking photographs may constitute an unwarranted invasion of personal privacy, the majority overturned twenty years’ worth of Sixth Circuit precedent. The court properly acknowledged that booking photographs convey a portrait ...


The Limits Of Executive Clemency: How The Virginia Supreme Court Blocked The Restoration Of Felons’ Political Rights In Howell V. Mcauliffe, Alexander Pringle 2017 Boston College Law School

The Limits Of Executive Clemency: How The Virginia Supreme Court Blocked The Restoration Of Felons’ Political Rights In Howell V. Mcauliffe, Alexander Pringle

Boston College Journal of Law & Social Justice

On July 22, 2016, the Supreme Court of Virginia found Virginia Governor Terence McAuliffe’s actions restoring full political rights to 206,000 Virginians convicted of a felony unconstitutional. At the same time, the court issued a writ of mandamus ordering Commonwealth officials to remove these convicted felons from the voting rolls and return their names to the list of prohibited voters. Governor McAuliffe had restored the political rights of these released felons en masse, via a single Executive Order on April 22, 2016, eschewing the typical case-by-case review process for restoration of voting rights. The majority in the case ...


Introduction: Marijuana Laws And Federalism, Erwin Chemerinsky 2017 University of California, Irvine School of Law

Introduction: Marijuana Laws And Federalism, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


One Toke Too Far: The Demise Of The Dormant Commerce Clause's Extraterritoriality Doctrine Threatens The Marijuana-Legalization Experiment, Chad DeVeaux 2017 Harvard Law School

One Toke Too Far: The Demise Of The Dormant Commerce Clause's Extraterritoriality Doctrine Threatens The Marijuana-Legalization Experiment, Chad Deveaux

Boston College Law Review

This Article argues that the pending feuds between neighboring states over marijuana decriminalization demonstrate the need for a strict doctrine limiting a state’s regulatory authority to its own borders. Precedent recognizes that the dormant Commerce Clause (“DCC”) “precludes the application of a state statute to commerce that takes place wholly outside the State’s borders, whether or not the commerce has effects within the State.” This prohibition protects “the autonomy of the individual States within their respective spheres” by dictating that “[n]o state has the authority to tell other polities what laws they must enact or how affairs ...


Reefer Madness: How Non-Legalizing States Can Revamp Dram Shop Laws To Protect Themselves From Marijuana Spillover From Their Legalizing Neighbors, Jessica Berch 2017 Sandra Day O’Connor College of Law at Arizona State University

Reefer Madness: How Non-Legalizing States Can Revamp Dram Shop Laws To Protect Themselves From Marijuana Spillover From Their Legalizing Neighbors, Jessica Berch

Boston College Law Review

Reefer madness is sweeping the nation. Despite a federal ban on marijuana, states have begun to legalize medical and, increasingly, recreational use of the drug. As more states legalize marijuana, their non-legalizing neighbors have seen a distinct uptick in marijuana possession and use—and an attendant increase in crime and accidents. In December 2014, Nebraska and Oklahoma, non-legalizing states that border Colorado, a trail-blazer in the full-legalization movement, requested permission to file suit in the U.S. Supreme Court over their neighbor’s lax marijuana controls, which allow cannabis to come into their states. The Supreme Court denied leave to ...


Introduction: Marijuana Laws And Federalism, Erwin Chemerinsky 2017 University of California, Irvine School of Law

Introduction: Marijuana Laws And Federalism, Erwin Chemerinsky

Boston College Law Review

No abstract provided.


Policy, Preemption, And Pot: Extra-Territorial Citizen Jurisdiction, Gabriel J. Chin 2017 UC Davis School of Law

Policy, Preemption, And Pot: Extra-Territorial Citizen Jurisdiction, Gabriel J. Chin

Boston College Law Review

In contemporary America, legislators send messages about values through symbolic legislation and lawsuits. One conflict is between states where marijuana is legal and others that continue to ban it. This Article evaluates what might happen if anti-marijuana states made it illegal for their citizens to purchase or use marijuana, borrowing a page from the playbook of activists opposed to reproductive choice who propose that if Roe v. Wade is overturned, individuals could be prohibited from traveling to another state for the purpose of obtaining an abortion. Although such laws would be hard to enforce, they still present important questions of ...


Budding Conflicts: Marijuana's Impact On Unsettled Questions Of Tribal-State Relations, Katherine J. Florey 2017 UC Davis School of Law

Budding Conflicts: Marijuana's Impact On Unsettled Questions Of Tribal-State Relations, Katherine J. Florey

Boston College Law Review

In the wake of a December 2014 decision by the Department of Justice to deprioritize enforcement of federal marijuana laws against tribes as well as states, many tribes have reevaluated their policies toward marijuana. Tribal attitudes toward marijuana are diverse; some tribes regard marijuana as a public health menace, whereas others see it as a source of economic opportunity. Where tribal policies are significantly more or less restrictive than those of the surrounding state, tribal-state relations have often suffered friction. The problem is particularly acute given the jurisdictional uncertainty that characterizes Indian country and the absence of any equivalent to ...


Marijuana, State Extraterritoriality, And Congress, Mark D. Rosen 2017 IIT Chicago-Kent College of Law

Marijuana, State Extraterritoriality, And Congress, Mark D. Rosen

Boston College Law Review

The Trump administration inherits the Obama administration’s policy of under-enforcing federal marijuana laws and a nation with a patchwork of divergent state laws. Although allowing diversity and experimentation, such divergence may impose spillover costs to some states. Some states may attempt to address these costs by exercising extraterritorial regulatory powers on their citizens. Although it is unclear and a matter of dispute whether and to what extent states have such extraterritorial authority, this Article shows that it is certain that Congress has power to set the bounds of state extraterritorial regulation, subject to only limited constitutional restraints. The Article ...


Marijuana Legalization And Nosy Neighbor States, Alex Kreit 2017 Thomas Jefferson School of Law

Marijuana Legalization And Nosy Neighbor States, Alex Kreit

Boston College Law Review

As more states proceed with marijuana legalization laws, questions have arisen about how to accommodate those states that wish to retain prohibition. For instance, in 2014, Oklahoma and Nebraska unsuccessfully sued Colorado based on the spillover effects that Colorado’s marijuana legalization law had on its neighboring states. This article asserts that there are several reasons why state marijuana legalization laws are unlikely to have a large effect on neighboring states. First, marijuana is not a previously unobtainable good being introduced into the stream of commerce, as it is already available through the black market inexpensively. Second, legalization laws have ...


Hfc Smuggling: Preventing The Illicit (And Lucrative) Sale Of Greenhouse Gases, Graham Donnelly Welch 2017 Boston College Law School

Hfc Smuggling: Preventing The Illicit (And Lucrative) Sale Of Greenhouse Gases, Graham Donnelly Welch

Boston College Environmental Affairs Law Review

The Kigali Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer is a pivotal development in global cooperation to stem climate change. Through incorporating hydrofluorocarbons into the Montreal Protocol, the international community will be able to combat the deleterious effects of a common, yet potent, chemical. Nonetheless, the United States and its fellow parties will likely have to combat an illicit trade in these banned substances in the immediate future. Through lessons learned from the original Montreal Protocol, the United States can effectively combat smuggling and ensure the Kigali Amendment’s success.


Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky 2017 Selected Works

Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Radio Dispatch Cognitive Abilities And Working Memory, David A. Buitron 2017 General Experimental Psychology Graduate Student

Radio Dispatch Cognitive Abilities And Working Memory, David A. Buitron

Electronic Theses, Projects, and Dissertations

Public safety radio dispatchers incontrovertibly have to manage multiple tasks at any given time, from relaying lifesaving information to field units, to simultaneously overseeing several monitors and keeping up with the radio transmissions in a timely manner. Interestingly, however, the underlying cognitive abilities necessitated for performing such tasks have not been thoroughly investigated. To begin understanding the cognitive faculties that underlie dispatching tasks, we gauged cognitive ability measures relevant to dispatcher duties and introduced Working Memory Capacity (WMC) as underlying the differentiation on performance. The four general dispatcher cognitive factors identified by Peace Officer Standards and Training (POST) literature, were ...


The Impact Of Incarceration And Societal Reintegration On Mental Health, Veronica Wicks 2017 California State University, San Bernardino

The Impact Of Incarceration And Societal Reintegration On Mental Health, Veronica Wicks

Electronic Theses, Projects, and Dissertations

The purpose of this study was to examine ex-offender’s beliefs on the impact of incarceration and societal reintegration on mental health. The study is a qualitative design using interviews that were audio recorded and transcribed for analysis. The study sought to address the relationship between perceptions of mental health and experiences of incarceration and reintegration among formerly incarcerated individuals. The following themes emerged from participant responses: incarceration challenges, mental health stigma, and rehabilitation service accessibility. The findings of this study may contribute to social work practice by providing awareness to the factors impacting ex-offenders’ mental health and interventions needed ...


Excessive Lethal Force, Melissa Hamilton 2017 University of Houston Law Center

Excessive Lethal Force, Melissa Hamilton

Northwestern University Law Review

This Essay considers the use by Dallas police officers of a robot armed with plastic explosives to kill a suspected gunman on a shooting rampage in 2016. In the wake of Dallas, many legal experts in the news maintained that the police action was constitutional. The commentators' consensus was that as long as the police had the right to use lethal force, then the means of that force is irrelevant. This Essay argues the contrary. Under the current state of the constitutional law on the police use of force on a suspected felon, excessive lethal force is a valid consideration ...


The Beast Of Burden In Immigration Bond Hearings, Mary P. Holper 2017 Boston College Law School

The Beast Of Burden In Immigration Bond Hearings, Mary P. Holper

Mary Holper

In this article, I examine the burden of proof in bond proceedings. I apply theories for why burdens of proof exist in the law to demonstrate why the government should bear the burden of proof. I also argue that in order to ensure that such detention comports with Due Process, the government must prove, by clear and convincing evidence, that a detainee is dangerous. This presumption of freedom previously existed, yet was eviscerated by the former Immigration and Naturalization Service in a 1997 regulation and the Board of Immigration Appeals in a 1999 decision. That the detainee must bear the ...


Small Cells, Big Problems: The Increasing Precision Of Cell Site Location Information And The Need For Fourth Amendment Protections, Robert M. Bloom, William T. Clark 2017 Boston College Law School

Small Cells, Big Problems: The Increasing Precision Of Cell Site Location Information And The Need For Fourth Amendment Protections, Robert M. Bloom, William T. Clark

Robert M. Bloom

The past fifty years has witnessed an evolution in technology advancement in police surveillance. Today, one of the essential tools of police surveillance is something most Americans carry with them in their pockets every day, the cell phone. Cell phones not only contain a huge repository of personal data, they also provide continuous surveillance of a person’s movement known as cell site location information (CSLI). In 1986, Congress sought to provide some privacy protections to CSLI in the Stored Communication Act. Although this solution may have struck the proper balance in an age when cell phones were a mere ...


Tattoos And Criminal Behavior: An Examination Of The Relationship Between Body Art And Crime, Daniel D. Dajani 2017 CUNY John Jay College

Tattoos And Criminal Behavior: An Examination Of The Relationship Between Body Art And Crime, Daniel D. Dajani

Student Theses

This thesis investigates the relationship between having tattoos and crime. A review of past research concerning tattoos, crime and other forms of deviancy demonstrates that a relationship exists to some extent. This thesis gathers new data concerning tattoos and crime and adds to the knowledge base by examining the alterations in the correlation and what may be causing said alterations. This thesis utilized the survey method and participants were recruited via a mix of in-person and online strategies. We aimed to garner participation from a varied group of respondents that would ensure data relevant to the study would be produced ...


Circumstances Requiring Safeguards: Limitations On The Application Of The Categorical Approach In Hernandez-Zavala V. Lynch, Kelly Morgan 2017 Boston College Law School

Circumstances Requiring Safeguards: Limitations On The Application Of The Categorical Approach In Hernandez-Zavala V. Lynch, Kelly Morgan

Boston College Law Review

On November 20, 2015, the U.S. Court of Appeals for the Fourth Circuit in Hernandez-Zavala v. Lynch held that adjudicators deciding whether a noncitizen has been convicted of a crime of domestic violence as defined in 8 U.S.C. § 1227(a)(2)(E)(i) must apply the circumstance-specific approach to the statute’s domestic relationship requirement. In so doing, the Fourth Circuit carved out an exception to the more protective categorical and modified categorical approaches, which limit the evidence that may be admitted to determine whether a conviction triggers immigration consequences. This Comment argues that the Fourth Circuit ...


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