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Full-Text Articles in Law

Subjective Deliberate Indifference: The Correct Standard For Pre-Trial Detainees' Fourteenth Amendment Claims For Inadequate Medical Care, Douglas Weeks Nov 2024

Subjective Deliberate Indifference: The Correct Standard For Pre-Trial Detainees' Fourteenth Amendment Claims For Inadequate Medical Care, Douglas Weeks

Pace Law Review

This article examines the legal standard of “subjective deliberate indifference” as it pertains to the Fourteenth Amendment claims of pre-trial detainees facing inadequate medical care. With the Supreme Court’s evolving interpretation of constitutional protections for incarcerated individuals, this piece argues that subjective deliberate indifference offers a more appropriate framework for evaluating the state’s duty to provide adequate medical treatment. By analyzing relevant case law, including the significant distinctions between pre-trial detainees and convicted prisoners, the article highlights the necessity of considering the mental state of correctional officials in medical negligence claims. Furthermore, it explores the implications of this standard on …


Death By Jury: Jurisprudential Trends And Hybrid Capital Sentencing Authority, Jacob T. Hayes Nov 2024

Death By Jury: Jurisprudential Trends And Hybrid Capital Sentencing Authority, Jacob T. Hayes

Tennessee Journal of Law and Policy

No abstract provided.


The Punishment Of Cruel And Unusual Conditions: Extending The Purely Objective Standard Adopted In Kingsley V. Hendrickson To Claims Of Deliberate Indifference, Samantha M. Davis Nov 2024

The Punishment Of Cruel And Unusual Conditions: Extending The Purely Objective Standard Adopted In Kingsley V. Hendrickson To Claims Of Deliberate Indifference, Samantha M. Davis

Touro Law Review

In 2015, the Supreme Court in Kingsley v. Hendrickson held that a pretrial detainee claiming excessive force on the part of the state must only show that the force used was objectively unreasonable. Prior to the adoption of the purely objective standard, many courts around the country were analyzing such cases through a subjective standard to determine whether the officers subjectively knew that the force used against a pretrial detainee was unreasonable. The absence of this objective standard essentially allowed state officials to use excessive force against pretrial detainees without violating an individual’s Constitutional rights. The Supreme Court reasoned that …


Life, Liberty, And The Pursuit Of Artificial Intelligence, Christopher C. Spinosa Jr. Nov 2024

Life, Liberty, And The Pursuit Of Artificial Intelligence, Christopher C. Spinosa Jr.

Touro Law Review

With governmental use of artificial intelligence (“AI”) becoming more prevalent, Americans are at risk of being subjected to the factual and legal findings of ill-equipped AI systems. The possibility of an AI takeover of the judicial branch is an undesirable reality to some individuals who are challenging laws and government programs which utilize AI systems to enforce traffic code violations. This Article considers the procedural fairness, privacy rights, and effectiveness of the various uses of AI systems in traffic code enforcement. By undertaking a thorough review of New York case law, this Article also analyzes the treatment of AI systems …


Transcript: The Intersection Of Race And Poverty In Criminal Justice, Stephen B. Bright Oct 2024

Transcript: The Intersection Of Race And Poverty In Criminal Justice, Stephen B. Bright

Tennessee Journal of Law and Policy

Transcript of the lecture given by Bright at the University of Tennessee College of Law Summers-Wyatt Lecture given on September 27, 2010.


Panel Four: Finding A Silver Lining In The Darkest Clouds: How Today's Economic Crisis Creates Opportunities For Reform And Cost Savings In The Administration Of The Death Penalty, Tony Mauro, Jean Faria, Jon B. Gould, Elizabeth (Libby) Sykes, Malcolm R. Hunter Oct 2024

Panel Four: Finding A Silver Lining In The Darkest Clouds: How Today's Economic Crisis Creates Opportunities For Reform And Cost Savings In The Administration Of The Death Penalty, Tony Mauro, Jean Faria, Jon B. Gould, Elizabeth (Libby) Sykes, Malcolm R. Hunter

Tennessee Journal of Law and Policy

No abstract provided.


Panel Three: Unique Ethical Dilemmas In Capital Representation, Penny J. White, Sean O'Brien, Mary Ann Green, Ann Short-Bowers Oct 2024

Panel Three: Unique Ethical Dilemmas In Capital Representation, Penny J. White, Sean O'Brien, Mary Ann Green, Ann Short-Bowers

Tennessee Journal of Law and Policy

No abstract provided.


National Public Defense Symposium: Achieving The Promise Of The Sixth Amendment: Non-Capital And Capital Defense Services, Laurie Robinson Oct 2024

National Public Defense Symposium: Achieving The Promise Of The Sixth Amendment: Non-Capital And Capital Defense Services, Laurie Robinson

Tennessee Journal of Law and Policy

No abstract provided.


Rehabilitation Over Retribution: Rethinking Juvenile Justice For Traumatized Youth, Brian L. Traub Oct 2024

Rehabilitation Over Retribution: Rethinking Juvenile Justice For Traumatized Youth, Brian L. Traub

University of Cincinnati Law Review

No abstract provided.


Lawyers, Guns, And Marijuana: How N.Y. State Rifle And Pistol Ass'n V. Bruen Is Shaping Federal Marijuana Law, Mia Cordle Oct 2024

Lawyers, Guns, And Marijuana: How N.Y. State Rifle And Pistol Ass'n V. Bruen Is Shaping Federal Marijuana Law, Mia Cordle

University of Cincinnati Law Review

No abstract provided.


The Legal Landscape After Roe's Reversal, Rachel Rebouché Oct 2024

The Legal Landscape After Roe's Reversal, Rachel Rebouché

University of Cincinnati Law Review

No abstract provided.


A Defendant's Right To Counsel In Commitment Hearings For Nonpayment Of A Criminal Fine, Barbara A. Appleby Oct 2024

A Defendant's Right To Counsel In Commitment Hearings For Nonpayment Of A Criminal Fine, Barbara A. Appleby

Maine Law Review

The federal constitutional right of an indigent defendant to appointed counsel in state court proceedings derives from two constitutional provisions. First, the sixth amendment, as incorporated by the due process clause of the fourteenth amendment, provides the basis for an absolute right to counsel in criminal prosecutions leading to actual imprisonment. Second, the due process clause, as an independent source of individual rights, provides the basis for the right to counsel in civil proceedings. Both the sixth amendment and the due process rights may be implicated in a hearing for non-payment of a criminal fine. Title 17-A, section 1304 of …


Disparity And The Need For Sentencing Guidelines In Maine: A Proposal For Enhanced Appellate Review, Daniel E. Wathen Oct 2024

Disparity And The Need For Sentencing Guidelines In Maine: A Proposal For Enhanced Appellate Review, Daniel E. Wathen

Maine Law Review

Perhaps in no other field of judicial endeavor is diversity and variety more apparent than when a sentencing judge considers the circumstances presented by a defendant convicted of a criminal offense. In each case, the sentencing judge confronts an individual who has no exact counterpart in any defendant previously appearing before the court for sentencing. The sentence imposed is primarily a matter of judicial discretion and is based upon consideration of the nature of the offense, the circumstances surrounding the commission of the offense, and the circumstances of the defendant. The sentencing judge formulates a specific sentence within broad statutory …


Maine's Unintentional Murder Statute: Depraved Indifference On Trial, Louis B. Butterfield Oct 2024

Maine's Unintentional Murder Statute: Depraved Indifference On Trial, Louis B. Butterfield

Maine Law Review

Perhaps nowhere in the law is the demand for reason and justice more compelling than in the penal law, and nowhere in the penal law is the need for fairness greater than in the law defining murder. The notion of fairness in Anglo-American criminal law is embodied in the concept of mens rea. For over three hundred years, the basic tenet of penal law has been that "actus non facit reum, nisi mens sit rea." A mens rea element serves to define a crime in positive terms and also provides the basis for defenses that negate the subjective culpability element. …


State V. Cloutier: Implied Invitees, Pretext And Plain View Under The Fourth Amendment, Dennis M. Doiron Oct 2024

State V. Cloutier: Implied Invitees, Pretext And Plain View Under The Fourth Amendment, Dennis M. Doiron

Maine Law Review

Law enforcement officers often have occasion to follow the path to the front door of a residence in order to speak to its occupant. Upon answering the door, the occupant may hear a complaint about his barking dog, a query as to whether he witnessed the burglary next door, or a plea seeking support for the police department's Christmas charity drive. Occasionally, a police officer follows the path to a person's door and unexpectedly observes incriminating evidence or activities. In such cases, the police officer's conduct generates the issue of whether his observation implicates the fourth amendment's prohibition against unreasonable …


The Problem Of Third-Party Consent In Fourth Amendment Searches: Toward A "Conservative" Reading Of The Matlock Decision, Robert Deschene Oct 2024

The Problem Of Third-Party Consent In Fourth Amendment Searches: Toward A "Conservative" Reading Of The Matlock Decision, Robert Deschene

Maine Law Review

In United States v. Matlock, the United States Supreme Court delivered its most recent and comprehensive statement on the doctrine of third-party consent. Under the doctrine, police may search a defendant's home or effects without first obtaining a judicially issued search warrant. Instead of this traditional prerequisite for a valid fourth amendment search, the police need only have the voluntary consent of a third person who possesses "common authority" over or a "sufficient relationship" to the area to be searched. At that point, the defendant's own consent becomes largely irrelevant. Both the United States and Maine constitutions provide protection against …


Unfenced: The Fourth Circuit Gives Geofencing Its First Appellate Go-Ahead In United States V. Chatrie, Jordan Wallace-Wolf Oct 2024

Unfenced: The Fourth Circuit Gives Geofencing Its First Appellate Go-Ahead In United States V. Chatrie, Jordan Wallace-Wolf

Washington and Lee Law Review Online

In United States v. Chatrie, the Fourth Circuit issued the first federal appellate opinion on the Fourth Amendment status of geofencing queries. The opinion is significant because geofences present a conceptual challenge to the framework of Carpenter v. United States, the reigning Supreme Court precedent on the Fourth Amendment status of digital searches. That opinion held that long-term tracking of a target individual was a search. However, geofencing reveals information about an indeterminate number of individuals for only a short time, in virtue of their being at a target location during a target span of time. Does the …


State V. Cloutier: Implied Invitees, Pretext And Plain View Under The Fourth Amendment, Dennis M. Doiron Oct 2024

State V. Cloutier: Implied Invitees, Pretext And Plain View Under The Fourth Amendment, Dennis M. Doiron

Maine Law Review

Law enforcement officers often have occasion to follow the path to the front door of a residence in order to speak to its occupant. Upon answering the door, the occupant may hear a complaint about his barking dog, a query as to whether he witnessed the burglary next door, or a plea seeking support for the police department's Christmas charity drive. Occasionally, a police officer follows the path to a person's door and unexpectedly observes incriminating evidence or activities. In such cases, the police officer's conduct generates the issue of whether his observation implicates the fourth amendment's prohibition against unreasonable …


The Child Witness In Sexual Abuse Cases In Maine: Presentation, Impeachment, And Controversy, Kermit V. Lipez Oct 2024

The Child Witness In Sexual Abuse Cases In Maine: Presentation, Impeachment, And Controversy, Kermit V. Lipez

Maine Law Review

In any sexual abuse trial, the entry of the child into the courtroom is a dramatic moment. The large door to the courtroom opens. A small child enters, accompanied by a victim advocate who walks with the child toward the witness stand. At the end of the public seats, the child is turned over to a court officer who escorts the child to the witness stand. In the typically high-ceilinged, expansive courtroom where we conduct our jury trials, the small child looks even smaller. Some children slouch in the witness chair, as if they were trying to hide. The jurors …


Command Responsibility And The War In Ukraine: Can Customary International Law Hold Russian Commanders Accountable For War Crimes?, Nicholas J. Nizinski Oct 2024

Command Responsibility And The War In Ukraine: Can Customary International Law Hold Russian Commanders Accountable For War Crimes?, Nicholas J. Nizinski

Dickinson Law Review (2017-Present)

Currently, neither Ukraine’s Constitution nor its criminal code establish the principle of command responsibility as a mode of criminal liability within the country. Key international statutes like Article 28 of the International Criminal Court and international case law, like the recently decided Case of Milanković v. Croatia, have firmly established the doctrine of command responsibility as a fundamental principle of customary international law applicable in the context of an armed conflict. Furthermore, the Milanković court affirmed a conviction based on command responsibility even in the absence of a clear domestic governing statute at the time the crime was committed, …


Chilling Victims’ Rights: The Supreme Court Creates A “Pride Of Place” For True Threats, Ana Maria Matovic Oct 2024

Chilling Victims’ Rights: The Supreme Court Creates A “Pride Of Place” For True Threats, Ana Maria Matovic

Dickinson Law Review (2017-Present)

Living in the Information Age means that information is literally always at our fingertips. This also means that keeping tabs on one another is as easy as a tap on a screen. The effortless ability to follow another’s life on the internet has led to a sinister phenomenon: cyberstalking. Prosecuting cyberstalking cases poses complex constitutional challenges. Specifically, prosecuting these cases may clash with a perpetrator’s First Amendment right to free speech. However, the First Amendment does not protect all categories of speech. One of those unprotected categories is the category of “true threats.” If a perpetrator’s conduct constitutes a “true …


Police Shootings After Torres V. Madrid: Suspects Eluding Capture Are Seized Under Fourth Amendment, Travis R. Thickstun Sep 2024

Police Shootings After Torres V. Madrid: Suspects Eluding Capture Are Seized Under Fourth Amendment, Travis R. Thickstun

The Scholar: St. Mary's Law Review on Race and Social Justice

In Torres v. Madrid, the Supreme Court held that the application of physical force to the body of a person with intent to restrain is a seizure even if the person does not submit and is not subdued. Because this new rule brings even the slightest touches within the Fourth Amendment’s protections against unreasonable searches and seizures, it allows more claims against police officers for violations of the Fourth Amendment’s prohibition on unreasonable searches and seizures.

Until the Torres decision though, only when someone shot by police was actually taken into custody could that person sue the police officers …


Review Of The Little Book Of Restorative Teaching Tools: Games, Activities, And Simulations For Understanding Restorative Justice Practices, Olivia Engling Sep 2024

Review Of The Little Book Of Restorative Teaching Tools: Games, Activities, And Simulations For Understanding Restorative Justice Practices, Olivia Engling

The Journal of Social Encounters

No abstract provided.


The Role Of Pornography In The "Rough Sex" Defence In Canada, Lise Gotell, Isabel Grant, Elizabeth Sheehy Sep 2024

The Role Of Pornography In The "Rough Sex" Defence In Canada, Lise Gotell, Isabel Grant, Elizabeth Sheehy

Dalhousie Law Journal

Drawing upon the authors’ earlier research studying the consent defence when it is used to suggest that the complainant agreed to “rough sex” involving violence, this paper develops an extended analysis of the complex role of pornography in these decisions. This paper focuses on a subset of “rough sex” cases, where pornography played a role in “scripting” the accused’s behaviour. Thematically, these cases included: those where the accused had a substantial history of consumption of violent pornography; cases in which the accused forced the complainant to view pornography as part of the assault; cases where the accused recorded the attack, …


Child-Taking, Diane Marie Amann Sep 2024

Child-Taking, Diane Marie Amann

Michigan Journal of International Law

A ruling group at times takes certain children out of their community and then tries to remake them in its image. It tries to rid the child of undesired differences, in ethnicity or nationality, religion or politics, race or ancestry, culture or class. There are too many examples: the colonialist residential schools that forced settler cultures on Indigenous children; the military juntas that kidnapped dissidents’ children; and today’s reports of abductions amid crises like that in Syria. Too often nothing is done, and the children are lost. But that may be changing, as the International Criminal Court (“ICC”) is seeking …


Neutral Business Assistance And The Limits Of Complicity Under International Criminal Law, Nikola R. Hajdin Sep 2024

Neutral Business Assistance And The Limits Of Complicity Under International Criminal Law, Nikola R. Hajdin

Michigan Journal of International Law

Business transactions between corporations and actors involved in grave human rights violations present significant challenges for the assessment of corporate criminal liability. This is particularly evident in cases of “neutral business assistance,” which refer to business conduct that appears legitimate on the surface and falls within day-to-day business operations but nonetheless contributes to the crime. An example of neutral business assistance is selling generic goods (for example, computer technology) legally at market rates, without the explicit intent to aid criminal activity, that increases the perpetrator’s capacity to carry out human rights violations. In such cases, discerning the point at which …


The Judicial Policy Of Ratio Decidendi Regarding Corporate Criminal Liability Towards Just Judgments, Fajar Dian Aryani, Pujiyono Pujiyono, Sidharta Sidharta Aug 2024

The Judicial Policy Of Ratio Decidendi Regarding Corporate Criminal Liability Towards Just Judgments, Fajar Dian Aryani, Pujiyono Pujiyono, Sidharta Sidharta

Indonesia Law Review

Observing the workings of law in Indonesia is very intriguing, particularly regarding corporations in the era of globalization. In this context, the refunctionalization of law in the enforcement of corporate law is interpreted as a process of legal renewal and a part of a progressive and reformative legal political process. In this regard, the legal interpretation of corporate liability principles becomes the main focus of this dissertation. It appears that corporate liability, which is key to prosecuting corporations, still requires more serious efforts to be articulated in practical terms, leading to fair judicial decisions for both the corporation itself and …


The Prohibition Of Online Gambling In Indonesia: A Law And Economic Analysis, Lewiandy Lewiandy, Ariawan Gunadi, Evan Tjoa Putra Aug 2024

The Prohibition Of Online Gambling In Indonesia: A Law And Economic Analysis, Lewiandy Lewiandy, Ariawan Gunadi, Evan Tjoa Putra

Indonesia Law Review

This study analyzes Indonesia’s online gambling regulation framework from law and economic viewpoints. Indonesia, a predominantly Muslim nation, bans gambling for religious and moral reasons. The following paper suggests evaluating these limitations from an economic perspective to comprehend online gambling’s broader impact. This study will assess online gambling’s consumer welfare, tax income, and social costs using law and economics. Notwithstanding the moral case for banning online gambling. Key findings shows that the economic repercussions, such as black markets and lost tax income, have to be addressed. Regulated online gambling might protect consumers, create substantial revenues through taxes, and minimize negative …


University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review Aug 2024

University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.


Centering The People’S Voice In Teaching And Learning First-Year Criminal Law, Fareed Nassor Hayat Aug 2024

Centering The People’S Voice In Teaching And Learning First-Year Criminal Law, Fareed Nassor Hayat

Criminal Law Practitioner

This article proposes a people-centered approach to teaching first-year criminal law that elevates the people’s voice by using rap music to understand complex legal concepts. Incorporating rap music transforms the classroom and the practice of law to include those it has previously excluded and provides a people-centered means to expand legal education more broadly.