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Zero-Option Defendants: United States V. Mclellan And The Judiciary's Role In Protecting The Right To Compulsory Process, Wisdom U. Onwuchekwa-Banogu
Zero-Option Defendants: United States V. Mclellan And The Judiciary's Role In Protecting The Right To Compulsory Process, Wisdom U. Onwuchekwa-Banogu
JCLC Online
How does one obtain evidence located outside the United States for a criminal trial? For prosecutors, the answer is an exclusive treaty process: Mutual Legal Assistance Treaties (MLATs). Defendants, on the other hand, may only use an unpredictable, ineffective, non-treaty process: letters rogatory. The result is a selective advantage for law enforcement at the expense of the defendant. Though this imbalance necessarily raises Sixth Amendment Compulsory Process Clause concerns, MLATs have remained largely undisturbed because defendants still have some form of process, albeit a lesser one. But what happens when the letters rogatory process is also closed off to the …
Ocr's Bind: Administrative Rulemaking And Campus Sexual Assault Protections, Sheridan Caldwell
Ocr's Bind: Administrative Rulemaking And Campus Sexual Assault Protections, Sheridan Caldwell
Northwestern University Law Review
During President Barack Obama’s Administration, significant light was shed on the depth of the United States’ campus sexual assault problem. As a result, the Department of Education’s Office for Civil Rights increased enforcement of Title IX provisions by way of its 2011 “Dear Colleague Letter.” This Note argues that the Dear Colleague Letter was improperly enforced as if it were a formal legislative rule and was therefore illegitimate. Nevertheless, this Note contends that the preponderance of the evidence standard initially enshrined within the Dear Colleague Letter should be adopted through the notice-and-comment procedures President Donald Trump’s Administration promises in order …