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 ...
Hfc Smuggling: Preventing The Illicit (And Lucrative) Sale Of Greenhouse Gases, 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, 2017 Selected Works
Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky
No abstract provided.
Radio Dispatch Cognitive Abilities And Working Memory, 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, 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, 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, 2017 Boston College Law School
The Beast Of Burden In Immigration Bond Hearings, Mary P. 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
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, 2017 CUNY John Jay College
Tattoos And Criminal Behavior: An Examination Of The Relationship Between Body Art And Crime, Daniel D. Dajani
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, 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 ...
Public Perceptions Regarding The Police Bureau And Crime In Portland, Oregon, 2017 Portland State University
Public Perceptions Regarding The Police Bureau And Crime In Portland, Oregon, Brian Renauer, Kimberly Barsamian Kahn, Kris R. Henning, Greg Stewart
Kris R. Henning
On September 12, 2012 the United States Department of Justice (DOJ) filed a complaint in the Federal District Court for Oregon asserting that the City of Portland has engaged in a pattern and practice of unnecessary or excessive force against persons experiencing a mental health crisis. This survey is the result of a settlement agreement between Portland’s City Council and the DOJ which specified the Portland Police Bureau (PPB) develop a means of assessing public perceptions.
This report examines public perceptions of PPB across four content areas that are highlighted in the DOJ settlement agreement. Data for the report ...
Columbia University And Incarcerated Worker Labor Unions Under The National Labor Relations Act, 2017 Cornell Law School
Columbia University And Incarcerated Worker Labor Unions Under The National Labor Relations Act, Kara Goad
Cornell Law Library Prize for Exemplary Student Research Papers
Kara Goad’s research examines the forms and terms of labor that incarcerated workers perform in American prisons, seeking to demonstrate that labor law could provide potential remedies for work-related grievances.
Goad’s research includes traditional statutory and case law analysis along with examinations of prison statistics, National Labor Relations Board (NLRB) decisions and other administrative law materials relating to prisons and labor law. She uses her findings lay out a path for incarcerated workers to potentially unionize under the National Labor Relations Act (NLRA).
Freeze, You’Re On Camera: Can Body Cameras Improve American Policing On The Streets And At The Borders?, 2017 University of Miami Law School
Freeze, You’Re On Camera: Can Body Cameras Improve American Policing On The Streets And At The Borders?, Connie Felix Chen
University of Miami Inter-American Law Review
In the United States, recent killings of civilians by law enforcement have propelled body cameras to the forefront of solutions to the “epidemic” of police misconduct. Preliminary studies suggest that body cameras create a win-win situation for both the police and the public by producing a civilizing effect on all parties involved. The problem, however, is that not every law enforcement agency has a body camera program. And among those that do, the surprising lack of legal action raises the question: How effective are body cameras in ensuring that justice is served?
This Note discusses the use of body cameras ...
Resurrecting Miranda's Right To Counsel, 2017 Boston University School of Law
Resurrecting Miranda's Right To Counsel, David Rossman
The regime created by Miranda v. Arizona is at this point in its history bankrupt both intellectually and in terms of practical effect. Justices who have joined the Court after Miranda have cut back its scope by stingy interpretations of the doctrine’s reach and effect. In practice, few suspects actually benefit from the way Miranda is now implemented in police stations and courtrooms. Given the failure of Miranda’s promise, can we envision an alternative? Here is one that may be politically palatable and doctrinally feasible, largely adopted from English practice:
1. Police would give the same Miranda warnings ...
From Grace To Grids: Rethinking Due Process Protections For Parole., 2017 University of Michigan Law School
From Grace To Grids: Rethinking Due Process Protections For Parole., Paul D. Reingold, Kimberly A. Thomas
Current due process law gives little protection to prisoners at the point of parole, even though the parole decision, like sentencing, determines whether or not a person will serve more time or will go free. The doctrine regarding parole, which developed mostly in the late 1970s, was based on a judicial understanding of parole as an experimental, subjective, and largely standardless art—rooted in assessing the individual “character” of the potential parolee. In this Article we examine the foundations of the doctrine, and conclude that the due process inquiry at the point of parole should take into account the stark ...
No Chance At Immunity: Examining The Possibility Of Immunity Provisions For Drug Crimes In The Criminal Code, Benjamin D. Schnell
Western Journal of Legal Studies
Many members of the public fear crimes committed by strangers despite statistics showing greater danger from friends, acquaintances, and relatives. Since this fear is rooted in the fear of the unknown, some people prefer to fall victim to white-collar crimes as opposed to street crimes. Since most white-collar crimes require gaining the victim’s trust, many are committed by people that know the victim. Moreover, the traditional view of white-collar criminals as people of high respectability and social class drastically influences our perception of crime and can lead to significant societal implications.
In Canada, this traditional view of white-collar criminals ...
Targeted Killings—Never Not An Act Of International Criminal Law Enforcement, 2017 DePaul University College of Law
Targeted Killings—Never Not An Act Of International Criminal Law Enforcement, Barry Kellman
Boston College International and Comparative Law Review
Defenders of targeted killings proffer a straightforward elaboration of military necessity in the context of modern technological capabilities and conclude that killing members of terrorist organizations is legal under international law. In this essay, I assert that targeted killings to combat terrorist threats should not be governed predominantly by the law of war but should be synthesized with widely recognized principles of international criminal justice. Targeted killings are now the only aspect of counter-terrorism policy that operates outside constraints of criminal justice and beyond judicial review. That many people are being killed without anything like due process of law undermines ...
Putting An End To The Silence: Educating Society About The Canadian Residential School System, 2017 Wilfrid Laurier University
Putting An End To The Silence: Educating Society About The Canadian Residential School System, Jamie Lee Kuhl
Bridges: An Undergraduate Journal of Contemporary Connections
This paper advocates for the increased education of Canadian society regarding the Indian Residential School System. Many Canadian’s tend to be uninformed on the history of the schools and as a result risk subjecting Aboriginal peoples to further harm. The contents of this paper demonstrates by informing all Canadian citizens of the truth regarding the assimilative schools and their enduring legacy on Aboriginal peoples, several benefits can occur. Specifically, through revealing the truth regarding the residential schools, healing becomes possible for victims, over-representation within the criminal justice system can be better understood as well as addressed, and future harm ...
O'Keeffe V. Ireland: The State's Obligation To Protect Children From Sexual Assault In State Schools, 2017 Boston College Law School
O'Keeffe V. Ireland: The State's Obligation To Protect Children From Sexual Assault In State Schools, Heekyoung Lee
Boston College International and Comparative Law Review
Ireland’s unique primary education system creates a national school system that is denominational, yet state-financed. The Irish government defers managerial duties to the Catholic Church, and this deference of duties relieves Ireland from liability. As a result, students in Ireland attending primary schools historically were not guaranteed legal protection from sexual assaults committed by faculty members. On January 28, 2014, the Grand Chamber of the European Court of Human Rights held in O’Keeffe v. Ireland that despite Ireland’s delegation of authority to religious denominations, the State was obligated to protect students from sexual assaults. The court reasoned ...
Bias In Blue: Instructing Jurors To Consider The Testimony Of Police Officer Witnesses With Caution, 2017 Pepperdine University
Bias In Blue: Instructing Jurors To Consider The Testimony Of Police Officer Witnesses With Caution, Vida B. Johnson
Pepperdine Law Review
Jurors in criminal trials are instructed by the judge that they are to treat the testimony of a police officer just like the testimony of any other witness. Fact-finders are told that they should not give police officer testimony greater or lesser weight than any other witness they will hear from at trial. Jurors are to accept that police are no more believable or less believable than anyone else. Jury instructions regarding police officer testimony stand in contrast to the instructions given to jurors when a witness with a legally recognized interest in the outcome of the case has testified ...