Digital Commons Network^™

Gps Tracking And The Fourth Amendment: The New Frontier In Counterterrorism Efforts, German Rozencranc

Student Works

No abstract provided.

Lifetime Banishment For Selling A Few Joints: The Case For The Modified Categorical Approach And Prosecutorial Discretion For Marijuana Sale Convictions In The Immigration Context, Jacqueline Stabnow

Student Works

No abstract provided.

National Security Interest Convergence, Sudha Setty

Faculty Scholarship

Over a decade after the attacks of September 11, 2001, lawmakers, scholars, activists, and policy makers continue to confront the questions of whether and to what extent robust counterterrorism laws and policies should be reined in to protect against the abuse of civil rights and the marginalization of outsider groups. This Article uses political and critical race theory to identify areas of national security interest convergence in which political will can be marshaled to limit some national security policies.

Legislators act in their political self-interest — both in terms of responding to party forces and constituents — in casting votes …

The Hidden Costs Of Habeas Delay, Marc D. Falkoff

Faculty Articles, Papers, and Other Scholarship

Because habeas petitioners seek a court order for liberty rather than compensation, judges have a duty to decide habeas petitions promptly. But increasingly, the federal courts have fallen behind on their heavy habeas dockets, and many petitions — some of which are meritorious — remain undecided for years. First, this Article makes the normative and historical argument that speed must be, and always has been, central to the function of habeas. Second, it analyzes newly compiled Administrative Office of the United States Courts data on more than 200,000 habeas petitions and demonstrates empirically for the first time that there is …

The Cat Is Back: Analyzing Newspaper Coverage Of Mountain Lions In The Midwest, Chloe Euston

Honors Capstones

No abstract provided.

Constitutional Transformation In The Ecthr: Strausbourg's Expansive Recourse To External Rules Of International Law, Julian Arato

Brooklyn Journal of International Law

No abstract provided.

Preventing Sparks In Smoldering Ashes: Using Sweden's Internet Law To Combat Incendiary Speech In The Scandinavian Online Community, Hanna Li Robinson

Brooklyn Journal of International Law

No abstract provided.

Over-Detention: Asylum Seekers, International Law, And Path Dependency, Alexandra Olsen

Brooklyn Journal of International Law

No abstract provided.

Why Crime Severity Analysis Is Not Reasonable: A Comment, Christopher Slobogin

Vanderbilt Law School Faculty Publications

Jeffrey Bellin’s article, Crime Severity Distinctions and the Fourth Amendment: Reassessing Reasonableness in a Changing World, argues that the severity of the crime under investigation ought to be taken into account in assessing both the reasonableness of searches and whether a government action is a search in the first place. In pursuit of this objective, his article provides the best attempt to date at dealing with the difficult issue of separating serious from not-so serious crimes (he ends up with three categories—grave, serious and minor. He then makes the enticing argument that calibrating the degree of Fourth Amendment protection according …

License To Deal: Mandatory Approval Of Complex Financial Products, Saule T. Omarova

Cornell Law Faculty Publications

This Article explores the possibility of creating a system of mandatory pre-approval of complex financial products as an ex ante solution to the problem of systemic risk containment. Building on the concept of regulatory precaution borrowed from environmental and health law, and elements of pre-CFMA regulation of commodity futures, the Article outlines the broad contours of a new licensing scheme that would place the burden of proving social and economic utility of complex financial instruments on the intermediaries that structure and market them. Fundamentally a thought experiment, this proposal seeks to enrich the current policy debate by expanding the range …

Complex Legal Frameworks And Complex Operational Challenges: Navigating The Applicable Law Across The Continuum Of Military Operations, Laurie R. Blank

Emory International Law Review

Modern conflicts and stability operations pose complex challenges for both military and civilian actors tasked with promoting the rule of law during conflicts and stability operations. Military operations can occur both during armed conflict and in situations that do not qualify as armed conflict, such as disaster relief or humanitarian intervention. The now oft-used term "stability operations" encompasses U.S. military activities conducted "outside the United States in coordination with other instruments of national power to maintain or reestablish a safe and secure environment, provide essential governmental services, emergency infrastructure reconstruction, and humanitarian relief."

Due Process And Counterterrorism, Amos N. Guiora

Emory International Law Review

Counterterrorism--like terrorism--is a reality. Nations have the absolute obligation and right to protect innocent civilians against those seeking to harm them. However, implementation of counterterrorism obligations must be tempered by due process. The essence of democracy is granting--and protecting--the civil and political rights of attacker and attacked alike. Failure to provide due process to individuals suspected of involvement in terrorism leads a society down a slippery slope from which there is no return.

State Sovereignty And Self-Defense In Cyberspace: A Normative Framework For Balancing Legal Rights, Catherine Lotrionte

Emory International Law Review

Today's threats recognize no national boundaries, are connected, and must be addressed at the global and regional as well as the national levels. When warranted, [the United States] will respond to hostile acts in cyberspace as we would to any other threat to our country. All states possess an inherent right to self-defense . . . . [We recognize] that hostile acts conducted through cyberspace could compel actions under the commitments we have with our military treaty partners . . . America must also face the rapidly growing threat from cyber-attacks. Now, we know hackers steal people's identities and infiltrate …

Johnson & Johnson's Recall Debacle, Lashonda Louallen Eaddy

Electronic Theses and Dissertations

Johnson & Johnson (J&J) has been viewed as a role model by many organizations for its successful handling of a 1982 crisis involving cyanide-laced Tylenol capsules that resulted in seven deaths. The public relations community applauded J&J for a swift response and for promptly implementing actions to prevent a similar crisis from occurring in the future. However more recently, J&J has become a poster child for poor crisis communications amidst a flood of recalls that started in November 2009. The present study used concepts from Coombs’ (2004) Situational Crisis Communication Theory (SCCT) and media framing research to develop a coding …

Foreclosures And Crime: Testing Social Disorganization Theory In The Suburbs, Sara Hoskin

Electronic Theses and Dissertations

Foreclosures have increased in the US since the 1970’s. The increase in foreclosures has caused concern among some researchers on their affect on crime. Social disorganization theory measures the effect various structural characteristics, such as poverty, residential instability/mobility, racial/ethnic heterogeneity, and family disruption have on crime. This study, though, is concerned with residential instability/mobility, or the presence of foreclosed houses in neighborhoods. Although most studies using this theory look at low-income neighborhoods, the following research looks at middle- and upper-income neighborhoods, which have been greatly affected by foreclosures. The theory also argues that the level of collective efficacy can reduce …

Italian-American Ethnic Concentration, Informal Social Control, And Urban Violent Crime: A Defended Neighborhoods Approach, Hollianne Elizabeth Marshall

Electronic Theses and Dissertations

This study examines the impact of white ethnic concentration on robbery and homicide in Chicago and New York City. As one of the first to disaggregate white ethnic populations, this study has the expectation that Italian-American concentration will have a stronger influence on robbery and homicide than any other white ethnic concentrations. This study is founded on prior qualitative research suggesting that the reputation of Italian-Americans influences the behavior of outsiders in their communities. The data show there is a significant and negative relationship between Italian-American concentration and the violent crimes robbery and homicide. This relationship only exists for white …

Delineating Sexual Dangerousness, Fredrick E. Vars

Articles

Only “dangerous” individuals may be indefinitely detained. Is a one percent chance of a future crime clear and convincing evidence of dangerousness? For sex offenders, fear and uncertainty in case law leave open this passage to limbo. This Article closes it. The due process balancing test used to evaluate standards of proof provides the framework. This Article explains the relationship between the standard of proof and the definition of “dangerous” and argues that only an approach combining the two is consistent with the Constitution. Applying decision theory with assumptions favoring the government, this Article calculates a minimum likelihood of recidivism …

Spare Some Change?: The Policing Of Shelter-Resistant Homeless In Missoula, Montana, Jacob Daniel Coolidge

Graduate Student Theses, Dissertations, & Professional Papers

Homelessness rates in the United States have continually increased over the past thirty years. The financial crisis of 2008 has created a ripple effect of unemployment, foreclosures, and an increased presence of homelessness in cities across the country. This increased presence of homelessness has created challenges for service providers and local governments across the country. Many cities, including New York, Los Angeles, and San Francisco have implanted “Quality of Life” ordinances that criminalize certain facets of homeless life. Missoula, Montana has not been impervious to this trend and has a unique labor market that exaggerates the presence of poverty. In …

Technological Leap, Statutory Gap, And Constitutional Abyss: Remote Biometric Identification Comes Of Age, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

Federal interest in using facial recognition technology (“FRT”) to collect, analyze, and use biometric information is rapidly growing. Despite the swift movement of agencies and contractors into this realm, however, Congress has been virtually silent on the current and potential uses of FRT. No laws directly address facial recognition—much less the pairing of facial recognition with video surveillance—in criminal law. Limits placed on the collection of personally identifiable information, moreover, do not apply. The absence of a statutory framework is a cause for concern. FRT represents the first of a series of next generation biometrics, such as hand geometry, iris, …

Juvenile Justice After Graham V. Florida: Keeping Due Process, Autonomy, And Paternalism In Balance, Kristin N. Henning

Georgetown Law Faculty Publications and Other Works

Legal disputes involving children invariably evoke a complex matrix of issues such as child and adolescent capacity, individual rights and autonomy, parental authority, and in the criminal justice context-diminished culpability for a minor's actions. While it is difficult to identify a clear and cohesive jurisprudence regarding the balance between children's autonomy and children's vulnerability across Supreme Court cases, a series of cases over the last decade, including Roper v. Simmons, Graham v. Florida, and J.D.B. v. North Carolina, offer a more consistent view of children as vulnerable, malleable, and in need of protection, at least in the …

Off Risking: Offender Risk Assessment And The Correctional Assessment And Intervention System, Eden Heeder

Graduate Student Theses, Dissertations, & Professional Papers

In 2010 the State of Montana Department of Corrections (DOC) licensed the Correctional Assessment and Intervention System (CAIS) to address the high rate of recidivism among Co-occurring and Native American offenders. Montana DOC reported a significantly lower rate of revocation among the offenders assessed by the CAIS. Quantitative and Qualitative analyses were conducted to determine what aspects of the program facilitated the lower rates of revocation. Results of this analysis determined that several factors acting in concert contributed to the lower rates of revocation with the most meaningful contribution being that of rapport built between the probation officer and offender.

The Limits Of Government Regulation Of Science, John D. Kraemer, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The recent controversy over the National Science Advisory Board for Biosecurity’s (NSABB) request that Science and Nature redact key parts of two papers on transmissible avian (H5N1) influenza reveal a troubled relationship between science and security. While NSABB’s request does not violate the First Amendment, efforts to censor the scientific press by force of law would usually be an unconstitutional prior restraint of the press absent a compelling state interest. The constitutional validity of conditions on grant funding to require pre-publication review of unclassified research is unclear but also arguably unconstitutional.

The clearest case where government may restrict publication is …

Incitement To Riot In The Age Of Flash Mobs, Margot E. Kaminski

Publications

As people increasingly use social media to organize both protests and robberies, government will try to regulate these calls to action. With an eye to this intensifying dynamic, this Article reviews First Amendment jurisprudence on incitement and applies it to existing statutes on incitement to riot at a common law, state, and federal level. The article suggests that First Amendment jurisprudence has a particularly tortuous relationship with regulating speech directed to crowds. It examines current crowd psychology to suggest which crowd behavior, if any, should as a matter of policy be subject to regulation. It concludes that many existing incitement-to-riot …

The Message And Means Of The Modern Terrorism Prosecution, Wadie E. Said

Publications

This Article, written in conjunction with Transnational Law and Contemporary Problems' 2011 Symposium on Ten Years After 9/11: Rethinking Counterterrorism, stemmed from a panel that examined "how the United States and other Western countries receive Islamic culture in their societies and how they export their Western cultures to the Islamic world, in each case to assess the degree to which their cross-cultural behaviors mitigate or worsen anti-Western terrorism from the Middle East and Central/South Asia and to recommend solutions if needed."' This contribution focuses on the criminal terrorism prosecution in the United States, and takes up the panel's theme by …

The Legal Dilemma Of Guantanamo Detainees From Bush To Obama [Updated], Linda A. Malone

Faculty Publications

The stage for the Guantanamo detainees’ commission proceedings was set by the interplay between the Executive’s detention powers and the Judiciary’s habeas powers. The Bush administration turned to Congress to provide less than what was required by the court, instead of the minimum deemed necessary to comply with each decision, or to explore another legal argument for not complying. This article examines how the law for the Guantanamo detainees has been shaped by the US courts and by Congress. The article begins by observing the guidelines issued by the Supreme Court for compliance with the constitutional and humanitarian law requirements, …

The Curious Relationship Between "Self-Deportation" Policies And Naturalization Rates, Angela M. Banks

Faculty Publications

Governor Mitt Romney has stated that the country’s immigration problems can be solved through “self-deportation.” Arizona, Alabama, Georgia, South Carolina, and Virginia agree. For example, K–12 public schools in Alabama are required to ascertain the immigration status of all enrolling students. Police officers in Arizona, Alabama, Georgia, South Carolina, and Virginia check the immigration status of all individuals booked into jail. These “self-deportation” laws and policies, also known as immigration enforcement through attrition, are designed to discourage and deter unauthorized migration. Yet these policies are having a broader impact; they are creating a hostile context of reception for immigrants regardless …

Stakeholder Participation In The Selection And Recruitment Of Police: Democracy In Action, Kami Chavis Simmons

Faculty Publications

Modem police culture tolerates or cultivates police misconduct and corruption in many ways. Failures to identify, monitor, and discipline "problem" officers; a belief that violence is a necessary part of law enforcement; and the code of silence; are organizational characteristics that need to be addressed in order to remedy organizational failures to hold law enforcement officers accountable. In order to address these cultural characteristics, police departments should carefully select police officers less likely to engage in these behaviors and adhere to these beliefs. Viewed through the lens of stakeholder participation, however, a fundamental shift should occur regarding how these new …

Recovering The Assembly Clause, Timothy Zick

Faculty Publications

No abstract provided.

Kiss The Ring, But Never Touch The Crown: How U.S. Policy Denies Indian Women Bodily Autonomy And The Save Native Women Act's Attempt To Reverse That Policy, Hossein Dabiri

American Indian Law Review

No abstract provided.

Tribal Membership And Indian Nationhood, Matthew L.M. Fletcher

American Indian Law Review

No abstract provided.