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One Small Problem With Administrative Driver’S License Suspension Laws: They Don’T Reduce Drunken Driving, Steve R. Darnell 2015 University of Nevada - Reno

One Small Problem With Administrative Driver’S License Suspension Laws: They Don’T Reduce Drunken Driving, Steve R. Darnell

Steve R Darnell

Only eight states continue to rely on the judicial system to suspend a drunken driver’s license instead of an administrative process. Federal agencies and special interest groups such as Mothers Against Drunk Driving (MADD) and the Insurance Institute for Highway Safety press for Administrative License Suspension (ALS) laws arguing these laws reduce drunken driving. While some research supports this view, there is an equally and more compelling literature indicating ALS laws are not effective in reducing drunken driving.

This study analyzed data from eight states that have adopted ALS laws to determine if the ALS laws reduced drunken driving ...


Comments: Judicial Messaging: Remote Texter Liability As Public Education, Morgan Gough 2015 University of Baltimore School of Law

Comments: Judicial Messaging: Remote Texter Liability As Public Education, Morgan Gough

University of Baltimore Law Review

No abstract provided.


Tesla And The Car Dealers' Lobby, Daniel A. Crane 2014 University of Michigan Law School

Tesla And The Car Dealers' Lobby, Daniel A. Crane

Articles

Tesla Motors, the offspring of entrepreneur Elon Musk (who brought us Pay-Pal and SpaceX), is the most exciting automotive development in many decades and a marquee story of American technological dynamism and innovation. The company’s luxury electric cars have caused a sensation in the auto industry, including a review by Consumer Reports calling Tesla’s Model S the best car it ever tested. Despite the acclaim, Tesla faces enormous challenges Despite the acclaim, Tesla faces enormous challenges in penetrating an automotive market that has been dominated for a century by internal combustion engines. Not only must it build cars ...


Court Of Appeals Of New York - Cubas V. Martinez, Gregory Gillen 2014 Touro College Jacob D. Fuchsberg Law Center

Court Of Appeals Of New York - Cubas V. Martinez, Gregory Gillen

Touro Law Review

No abstract provided.


“Somebody Grab The Wheel!”: State Autonomous Vehicle Legislation And The Road To A National Regime, Andrew Swanson 2014 Marquette University Law School

“Somebody Grab The Wheel!”: State Autonomous Vehicle Legislation And The Road To A National Regime, Andrew Swanson

Marquette Law Review

This Comment critically analyzes bills, statutes, and regulations that govern the use of autonomous vehicles. Autonomous vehicles, also known as self-driving cars, represent the future of personal transportation. States have begun to regulate the testing and implantation of this technology onto public highways, and the federal government has suggested baseline regulations for states to consider when proposing future legislation. First, this Comment provides a brief overview of autonomous vehicle technology, as well as the pros and cons of a self- driving vehicle. Second, this Comment analyzes both enacted and proposed legislation at the state level. This Comment then recommends various ...


Your View: ‘Do Not Track’ Should Apply To Drivers, Too, Hillary B. Farber 2014 University of Massachusetts - Dartmouth

Your View: ‘Do Not Track’ Should Apply To Drivers, Too, Hillary B. Farber

Faculty Publications

Location tracking data can reveal quite a bit of information about a person when it is all pieced together. Just by knowing where and when a person frequents certain places we can know about his/her recreational habits, religious affiliations, professional affiliations, relationship status, personal health and hygiene, social preferences and contacts, and so much more. That is why it is so important to regulate the use of location tracking technology. There are a variety of efforts afoot to rein in government use of such technology – this op-ed is concerned with automated license plate readers.


Tesla And The Car Dealers’ Lobby, Daniel A. Crane 2014 University of Michigan Law School

Tesla And The Car Dealers’ Lobby, Daniel A. Crane

Law & Economics Working Papers

Tesla Motors, the offspring of the South African-American entrepreneur Elon Musk who also brought us Pay-Pal and SpaceX, is the most exciting automotive development in many decades and a marquee story of American technological dynamism and innovation. The company’s luxury electric cars have caused a sensation in the auto industry, including a review by Consumer Reports calling Tesla’s Model S the best car it ever tested.

Tesla faces enormous challenges in penetrating an automotive market that has been dominated for a century by internal combustion engines. Not only must it build cars that customers want to drive (and ...


J.L.'S Time Bomb Still Ticking: How Navarette's Narrow Holding Failed To Address Important Issues Regarding Anonymous Tips, Andrew B. Kartchner 2014 University of Baltimore Law

J.L.'S Time Bomb Still Ticking: How Navarette's Narrow Holding Failed To Address Important Issues Regarding Anonymous Tips, Andrew B. Kartchner

University of Baltimore Law Review

The conflict is clear and the stakes are high. The effect of the rule below will be to grant drunk drivers one free swerve before they can legally be pulled over by police. It will be difficult for an officer to explain to the family of a motorist killed by that swerve that the police had a tip that the driver of the other car was drunk, but that they were powerless to pull him over, even for a quick check.


No Fault, No Foul: Litigating First-Party-Benefit Cases—Part Ii, Gerald Lebovits 2013 Columbia, Fordham & NYU Law Schools

No Fault, No Foul: Litigating First-Party-Benefit Cases—Part Ii, Gerald Lebovits

Gerald Lebovits

No abstract provided.


U.S. Government Counterterrorism Asset Freezes: Regulatory Seizures In A Digital Age Of Terrorism, Adam S. Wallwork 2013 University of Chicago Law School

U.S. Government Counterterrorism Asset Freezes: Regulatory Seizures In A Digital Age Of Terrorism, Adam S. Wallwork

Adam S Wallwork

This Article addresses the question of when, if ever, the Department of the Treasury’s counterterrorism asset freezes against US persons (US citizens, resident aliens, and US-based organizations) violate the Fourth Amendment. It addresses two questions that currently divide the federal courts: (1) whether OFAC blocking orders are seizures subject to the Fourth Amendment and (2) whether the Fourth Amendment’s warrant and probable-cause requirements apply to OFAC counterterrorism blocking orders if these orders are in fact seizures.

My Originalist analysis of OFAC counterterrorism blocking orders draws on evidence of the Framers’ original understanding of “unreasonable . . . seizures,” including the First ...


Survey Of Washington Search And Seizure Law: 2013 Update, Justice Charles W. Johnson, Justice Debra L. Stephens 2013 Seattle University School of Law

Survey Of Washington Search And Seizure Law: 2013 Update, Justice Charles W. Johnson, Justice Debra L. Stephens

Seattle University Law Review

This survey is intended to serve as a resource to which Washington lawyers, judges, law enforcement officers, and others can turn as an authoritative starting point for researching Washington search and seizure law. In order to be useful as a research tool, this Survey requires periodic updates to address new cases interpreting the Washington constitution and the U.S. Constitution and to reflect the current state of the law. Many of these cases involve the Washington State Supreme Court’s interpretation of the Washington constitution. Also, as the U.S. Supreme Court has continued to examine Fourth Amendment search and ...


“Lonesome Road”: Driving Without The Fourth Amendment, Lewis R. Katz 2013 Seattle University School of Law

“Lonesome Road”: Driving Without The Fourth Amendment, Lewis R. Katz

Seattle University Law Review

The protections of the Fourth Amendment on the streets and highways of America have been drastically curtailed. This Article traces the debasement of Fourth Amendment protections on the road and how the Fourth Amendment’s core value of preventing arbitrary police behavior has been marginalized. This Article contends that the existence of a traffic offense should not be the end of the inquiry but the first step, and that defendants should be able to challenge the reasonableness even when there is proof of a traffic offense.


Regulation - The Balance Point , W. D. Brewer 2013 Pepperdine University

Regulation - The Balance Point , W. D. Brewer

Pepperdine Law Review

No abstract provided.


Internal Revenue Code Section 4061(B), Manufacturers' Excise Tax On Parts And Accessories Of Motor Vehicles, Jerome L. Bleiweis 2013 Pepperdine University

Internal Revenue Code Section 4061(B), Manufacturers' Excise Tax On Parts And Accessories Of Motor Vehicles, Jerome L. Bleiweis

Pepperdine Law Review

No abstract provided.


California Garageman's Liens: Procedural Due Process Restored, Len Carafa 2013 Pepperdine University

California Garageman's Liens: Procedural Due Process Restored, Len Carafa

Pepperdine Law Review

No abstract provided.


Safe To Drive? Police Powers Of Search And Seizure In The Vehicular Context, Mark Rucci 2013 University of Maine - Main

Safe To Drive? Police Powers Of Search And Seizure In The Vehicular Context, Mark Rucci

Honors College

Since their creation, automobiles have become a central facet of the American culture and psyche. As status symbols and modes of transportation their importance cannot be overstated. Americans love their cars, and the average citizen believes that he or she has legitimate privacy interests in his or her vehicle. But is this the case? For decades, The Court has struggled to balance 4th Amendment privacy rights with effective police procedure, and has thus handed down dozens of rulings on the topic, many of which often seem disparate and contradictory. In the face of such confusion, the Court’s answer has ...


Why States Should Ban Adolescent Driving (Cont'd), Vivian E. Hamilton 2013 College of William and Mary

Why States Should Ban Adolescent Driving (Cont'd), Vivian E. Hamilton

Popular Media

No abstract provided.


Why States Should Ban Adolescent Driving, Vivian E. Hamilton 2013 College of William and Mary

Why States Should Ban Adolescent Driving, Vivian E. Hamilton

Popular Media

No abstract provided.


New York V. Belton: The Scope Of Warrantless Searches Extended, Glenn D. Forcucci 2013 Pepperdine University

New York V. Belton: The Scope Of Warrantless Searches Extended, Glenn D. Forcucci

Pepperdine Law Review

The United States Supreme Court, in New York v. Belton, expanded the area in which a policeman may search after he has made a lawful custodial arrest. In so ruling, the Supreme Court dramatically departed from its previous holding in Chimel v. California. While Chimel limited the area of the search to the area "within the immediate control of the arrestee," Belton allowed a search outside of that established boundary, as the Supreme Court allowed the search to include the passenger compartment of an automobile which the arrestee had not occupied.


Legislative Update: Revisions In The California Drunk Driving Law, A. Randall Farnsworth 2013 Pepperdine University

Legislative Update: Revisions In The California Drunk Driving Law, A. Randall Farnsworth

Pepperdine Law Review

No abstract provided.


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