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An "Objectively Reasonable" Criticism Of The Doctrine Of Qualified Immunity In Excessive Force Cases Brought Under 42 U.S.C. § 1983, Philip Sheng 2012 Brigham Young University Law School

An "Objectively Reasonable" Criticism Of The Doctrine Of Qualified Immunity In Excessive Force Cases Brought Under 42 U.S.C. § 1983, Philip Sheng

Brigham Young University Journal of Public Law

No abstract provided.


Wiretapping The Internet: The Expansion Of The Communications Assistance To Law Enforcement Act To Extend Government Surveillance, Christa M. Hibbard 2012 Indiana University Maurer School of Law

Wiretapping The Internet: The Expansion Of The Communications Assistance To Law Enforcement Act To Extend Government Surveillance, Christa M. Hibbard

Federal Communications Law Journal

Criminal use of the Internet to circumvent traditional government phone wiretaps has inspired the Obama Administration to create a proposal to expand the Communications Assistance to Law Enforcement Act ("CALEA"). CALEA was passed in 1994 to regulate telephone and broadband companies to ensure compliance with standards to enable government wiretapping. The proposed amendment of CALEA would allow the government to require all communications service providers to meet technical standards necessary to comply with a wiretap order. The expansion of CALEA would likely widen its scope to social networking sites, instant messaging, gaming consoles that allow conversation among multiple players, and ...


The Problem Of Policing, Rachel A. Harmon 2012 University of Virginia School of Law

The Problem Of Policing, Rachel A. Harmon

Michigan Law Review

The legal problem of policing is how to regulate police authority to permit officers to enforce law while also protecting individual liberty and minimizing the social costs the police impose. Courts and commentators have largely treated the problem of policing as limited to preventing violations of constitutional rights and its solution as the judicial definition and enforcement of those rights. But constitutional law and courts alone are necessarily inadequate to regulate the police. Constitutional law does not protect important interests below the constitutional threshold or effectively address the distributional impacts of law enforcement activities. Nor can the judiciary adequately assess ...


The Problem Of Policing, Rachel A. Harmon 2012 University of Virginia Law School

The Problem Of Policing, Rachel A. Harmon

Rachel A. Harmon

The legal problem of policing is how to regulate police authority to permit officers to enforce law while also protecting individual liberty and minimizing the social costs the police impose. Courts and commentators have largely treated the problem of policing as limited to preventing violations of constitutional rights and its solution as the judicial definition and enforcement of those rights. But constitutional law and courts alone are necessarily inadequate to regulate the police. Constitutional law does not protect important interests below the constitutional threshold or effectively address the distributional impacts of law enforcement activities. Nor can the judiciary adequately assess ...


"The Good Mother": Mothering, Feminism, And Incarceration, Deseriee A. Kennedy 2012 College of William & Mary Law School

"The Good Mother": Mothering, Feminism, And Incarceration, Deseriee A. Kennedy

William & Mary Journal of Race, Gender, and Social Justice

As the rates of incarceration continue to rise, women are increasingly subject to draconian criminal justice and child welfare policies that frequently result in the loss of their parental rights. The intersection of an increasingly carceral state and federally imposed time-lines for achieving permanency for children in state care has had a negative effect on women, their children, and their communities. Women, and their ability to parent, are more adversely affected by the intersection of these gender-neutral provisions because they are more likely than men to be the primary caretaker of their children. In addition, incarcerated women have higher rates ...


Contemporary Viewpoints: A Survey Of Law Enforcement Officers In Oregon, Terry Gingerich, Greg Willeford, Steve Gibbons, Dave Murphy 2012 Western Oregon University

Contemporary Viewpoints: A Survey Of Law Enforcement Officers In Oregon, Terry Gingerich, Greg Willeford, Steve Gibbons, Dave Murphy

Criminal Justice Faculty Publications and Presentations

Contemporary Viewpoints: A 2012 Survey of Law Enforcement Officers in Oregon is the culmination of a research initiative conducted in partnership with Oregon’s major law enforcement organizations: the Oregon Association Chiefs of Police (OACP), Oregon State Sheriffs’ Association (OSSA), Oregon State Police (OSP), and the Department of Public Safety Standards and Training (DPSST). The project had two objectives. First, collect a statewide sampling of viewpoints from Oregon law enforcement officers employed in municipal police agencies, sheriff’s offices, and the State Police to establish a baseline dataset, which could then be used to measure selected aspects of law enforcement ...


The Illinois Eavesdropping Statute: Constitutional Rights Versus Felony Charges, Corinne Koopman 2012 Loyola University Chicago, School of Law

The Illinois Eavesdropping Statute: Constitutional Rights Versus Felony Charges, Corinne Koopman

Public Interest Law Reporter

No abstract provided.


Against Theories Of Punishment: The Thought Of Sir James Fitzjames Stephen, Marc O. DeGirolami 2012 St. John's University - New York

Against Theories Of Punishment: The Thought Of Sir James Fitzjames Stephen, Marc O. Degirolami

Faculty Publications

This paper reflects critically on what is the near-universal contemporary method of conceptualizing the tasks of the scholar of criminal punishment. It does so by the unusual route of considering the thought of Sir James Fitzjames Stephen, a towering figure in English law and political theory, one of its foremost historians of criminal law, and a prominent public intellectual of the late Victorian period. Notwithstanding Stephen's stature, there has as yet been no sustained effort to understand his views of criminal punishment. This article attempts to remedy this deficit. But its aims are not exclusively historical. Indeed, understanding Stephen ...


Contemporary Viewpoints: A Survey Of Law Enforcement Officers In Oregon, Terry Gingerich, Greg Willeford, Steve Gibbons, Dave Murphy 2012 Western Oregon University

Contemporary Viewpoints: A Survey Of Law Enforcement Officers In Oregon, Terry Gingerich, Greg Willeford, Steve Gibbons, Dave Murphy

Faculty Research Publications (All Departments)

Contemporary Viewpoints: A 2012 Survey of Law Enforcement Officers in Oregon is the culmination of a research initiative conducted in partnership with Oregon’s major law enforcement organizations: the Oregon Association Chiefs of Police (OACP), Oregon State Sheriffs’ Association (OSSA), Oregon State Police (OSP), and the Department of Public Safety Standards and Training (DPSST). The project had two objectives. First, collect a statewide sampling of viewpoints from Oregon law enforcement officers employed in municipal police agencies, sheriff’s offices, and the State Police to establish a baseline dataset, which could then be used to measure selected aspects of law enforcement ...


The Multiple Roles Of International Courts And Tribunals: Enforcement, Dispute Settlement, Constitutional And Administrative Review, Karen J. Alter 2012 Northwestern Pritzker School of Law

The Multiple Roles Of International Courts And Tribunals: Enforcement, Dispute Settlement, Constitutional And Administrative Review, Karen J. Alter

Faculty Working Papers

This chapter is part of an upcoming interdisciplinary volume on international law and politics. The chapter defines four judicial roles states have delegated to international courts (ICs) and documents the delegation of dispute settlement, administrative review, enforcement and constitutional review jurisdiction to ICs based on a coding of legal instruments defining the jurisdiction of 25 ICs. I show how the design of ICs varies by judicial role and argue that the delegation of multiple roles to ICs helps explain the shift in IC design to include compulsory jurisdiction and access for nonstate actors to initiate litigation. I am interested in ...


Blaming As A Social Process: The Influence Of Character And Moral Emotion On Blame, Janice Nadler 2012 Northwestern University School of Law

Blaming As A Social Process: The Influence Of Character And Moral Emotion On Blame, Janice Nadler

Faculty Working Papers

For the most part, the law eschews the role of moral character in legal blame. But when we observe an actor who causes harm, legal and psychological blame processes are in tension. Procedures for legal blame assume an assessment of the actor's mental state, and ultimately of responsibility, that is independent of the moral character of the actor. In this paper, I present experimental evidence to suggest that perceptions of intent, foreseeability, and possibly causation can be colored by independent reasons for thinking the actor is a bad person, and are mediated by the experience of negative moral emotion ...


Something Smells Rotten: The Practical Consequences Of Bad Epistemology In The Context Of Drug Sniffing Dogs., George Souri 2012 DePaul University

Something Smells Rotten: The Practical Consequences Of Bad Epistemology In The Context Of Drug Sniffing Dogs., George Souri

George Souri

This paper examines the practical consequences of most courts' rational, rather than empirical, epistemology in the context of drug-sniffing dogs. Using the case of Florida v. Harris, this paper criticizes the unscientific attitude of many courts, and argues that, by employing a purely rational epistemology to justify the use of drug-sniffing dogs to establish probable cause, the Court impedes the Constitution's skepticism of, and protection from, arbitrary government intrusions. The paper concludes by proposing a new empirical standard based on the Daubert factors.


Recent Developments In The Niger Delta Of Nigeria, Saheed A. Alabi 2012 University of Strathclyde, Glasgow

Recent Developments In The Niger Delta Of Nigeria, Saheed A. Alabi

Saheed Alabi

The Federal Government of Nigeria (FGN) requested the United Nations Environment Programme (UNEP) to carry out an environmental assessment of Ogoniland due to perpetual oil spillages and gas flaring by the multinational oil companies, specifically Shell Petroleum Development Company (Nigeria) Ltd (SPDC). The Environmental Assessment Report (EA Report) was finalised and submitted to the FGN in August 2011 for review and implementation. The aim of this country report is to determine the sincerity of the FGN in finding the lasting solution to the severe environmental degradation in Ogoniland. This is imperative because of the historic failures of the Nigeria Government ...


Clemency, Parole, Good-Time Credits, And Crowded Prisons: Reconsidering Early Release, Paul J. Larkin Jr. 2012 The Heritage Foundation

Clemency, Parole, Good-Time Credits, And Crowded Prisons: Reconsidering Early Release, Paul J. Larkin Jr.

Paul J Larkin Jr.

Traditionally, the criminal justice system used executive clemency, parole statutes, and good-time credit laws to grant prisoners an early relief for various reasons, such as to encourage and reward efforts toward rehabilitation and to ease prison overcrowding. The replacement of rehabilitation with incapacitation as the principal justification for criminal punishment over the last 30 years, however, has resulted in an enormous expansion in the prison population. We need to ask whether we have arrived at a point where an overly punitive approach to corrections is hurting as many innocent parties as helping and whether we are generating more criminals than ...


Why Do We (Still) Lack Data On Policing?, Rachel A. Harmon 2012 University of Virginia Law School

Why Do We (Still) Lack Data On Policing?, Rachel A. Harmon

Rachel A. Harmon

The Wickersham Commission report on The Third Degree, found in the Commission’s famous Report on Lawlessness in Law Enforcement ended with the argument that the “real remedy” for police misconduct “lies in the will of the community,” which in turn depends on evidence about the nature and extent of police abuse. In this brief essay, I argue that the report’s call for information about policing has gone largely unanswered. Eighty years later, we still lack enough data about what the police do to shape their conduct effectively. Public policy and legal decisions about policing depend heavily on empirical ...


Polar Law And Good Governance, Prof. Elizabeth Burleson 2012 SelectedWorks

Polar Law And Good Governance, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This chapter will assess the Antarctic Treaty System, ask what polar lessons can be learned regarding common pool resources, and analyze law of the sea and related measures. It will consider such substantive areas as Arctic and Antarctic natural resource management and procedural opportunities as inclusive governance structures. Enhancing good governance can occur through trust building forums that bring together stakeholders, share information, and make environmentally sound decisions regarding sustainable development.


Policing In Schools: Too Much Law Enforcement? , Colleen Thomas 2012 Loyola University Chicago, School of Law

Policing In Schools: Too Much Law Enforcement? , Colleen Thomas

Public Interest Law Reporter

No abstract provided.


A Long And Winding Road: The Struggle For Justice In The Chicago Police Torture Cases, G. Flint Taylor 2012 Loyola University Chicago, School of Law

A Long And Winding Road: The Struggle For Justice In The Chicago Police Torture Cases, G. Flint Taylor

Public Interest Law Reporter

No abstract provided.


False Convictions, Samuel R. Gross, Phoebe C. Ellsworth 2012 University of Michigan Law School

False Convictions, Samuel R. Gross, Phoebe C. Ellsworth

Book Chapters

False convictions have received a lot of attention in recent years. Two-hundred and forty-one prisoners have been released after DNA testing has proved their innocence, and hundreds of others have been released without DNA evidence. We now know quite a bit more about false convictions than we did thirty years ago - but there is much more that we do not know, and may never know.


Wolf At The Door: Issues Of Place And Race In The Use Of The “Knock And Talk” Policing Technique, Andrew Eppich 2012 Boston College Law School

Wolf At The Door: Issues Of Place And Race In The Use Of The “Knock And Talk” Policing Technique, Andrew Eppich

Boston College Journal of Law & Social Justice

The procedure known as “knock and talk” allows police to approach a dwelling, knock on the door, and ask questions of the inhabitant with the goal of obtaining entry into the dwelling. This is a popular policing technique because probable cause or a warrant is not required. This Note analyzes the effect of knock and talk on conceptions of privacy and space held by those most frequently targeted: low income and minority individuals. It argues that the curtilage doctrine, which protects the area surrounding the home, does not assist these individuals. In addition, this Note demonstrates that knock and talk ...


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