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Full-Text Articles in Law
“Them Feds Don’T Play Fair” : The Fourth Amendment And Cloud-Based Data, Laurie B. Serafino
“Them Feds Don’T Play Fair” : The Fourth Amendment And Cloud-Based Data, Laurie B. Serafino
Laurie B. Serafino
Scholars have frequently suggested that the Fourth Amendment ought to be applied with varying degrees of rigor depending on the seriousness of the crime investigated. Courts have largely rejected such an offense-specific approach to constitutional protections, but have demonstrated deference to the Executive Branch in matters of national security in other contexts. The particularly heightened concern raised by the threat of terrorism suggests that, at least in the context of these most serious of cases, courts ought to engage in some form of balance that recognizes the uniquely strong government interest. Such an approach, however, has to recognize that the …
Maryland Repeals The Death Penalty, But Leaves Five On Death Row: Should The State That Condemned An Innocent Man To Die Commute All Five Death Sentences?, Meredith Pendergrass
Maryland Repeals The Death Penalty, But Leaves Five On Death Row: Should The State That Condemned An Innocent Man To Die Commute All Five Death Sentences?, Meredith Pendergrass
Meredith Pendergrass
No abstract provided.
Fifteen Years And Death: Double Jeopardy, Multiple Punishments, And Extended Stays On Death Row, Michael J. Johnson
Fifteen Years And Death: Double Jeopardy, Multiple Punishments, And Extended Stays On Death Row, Michael J. Johnson
Michael P. Johnson
Fifteen Years and Death is a Note that considers a completely novel application of the Double Jeopardy Clause to excessive time on death row. Traditionally, death penalty opponents have attacked the now fifteen-year average wait time on death row as a violation of the Eighth Amendment’s prohibition on cruel and unusual punishments, but this argument has fallen flat time and time again as courts have been reluctant to find merely living in prison to be “cruel” or “unusual.” Most courts do admit, however, that such time on death row does constitute some sort of punishment. As originally imagined, the Double …
Policing Terrorists In The Community, Sahar F. Aziz
Policing Terrorists In The Community, Sahar F. Aziz
Sahar F. Aziz
Twelve years after the September 11th attacks, countering domestic terrorism remains a top priority for federal law enforcement agencies. Using a variety of reactive and preventive tactics, law enforcement seeks to prevent terrorism before it occurs. Towards that end, community policing developed in the 1990s to combat violent crime in inner city communities is being adopted in counterterrorism as a means of collaborating with Muslim communities and local police to combat “Islamist” homegrown terrorism. Developed in response to paramilitary policing models, community policing is built upon the notion that effective policing requires mutual trust and relationships among law enforcement and …
United States V. Jones: Big Brother And The "Common Good" Versus The Fourth Amendment And Your Right To Privacy, Melanie M. Reid
United States V. Jones: Big Brother And The "Common Good" Versus The Fourth Amendment And Your Right To Privacy, Melanie M. Reid
Melanie M. Reid
No abstract provided.