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Articles 1 - 11 of 11
Full-Text Articles in Law
Due Process People V. Scott (Decided June 5, 1996)
Due Process People V. Scott (Decided June 5, 1996)
Touro Law Review
No abstract provided.
Trammel V. United States: Bad History, Bad Policy, And Bad Law, Michael W. Mullane
Trammel V. United States: Bad History, Bad Policy, And Bad Law, Michael W. Mullane
Maine Law Review
In 1980 the United States Supreme Court decided Trammel v. United States. The opinion changed the Spouses' Testimonial Privilege, overturning centuries of consistent case decisions. The Court based its decision on the history and effect of privilege and a straw poll of state legislative and court decisions on the issue. The Court concluded its decision would permit the admission of more spousal testimony without impairing the benefits the privilege was supposed to confer on spouses. The Court's decision in Trammel was wrong on three counts. The first was bad history overlaid with questionable analysis. The survey of the state's treatment …
Standing Under State Search And Seizure Provision: Why The Minnesota Supreme Court Should Have Rejected The Federal Standards And Instead Invoked Greater Protection Under Its Own Constitution In State V. Carter, Rebecca C. Garrett
Maine Law Review
In State v. Carter, the Minnesota Supreme Court considered whether a criminal defendant had “standing” to challenge an alleged search under the Fourth Amendment and Article 1, Section 10 of the Minnesota Constitution. The defendant moved to suppress evidence obtained by a police officer who had peered in the window of an apartment where the defendant was participating in a drug-packaging operation with the apartment's leaseholder. A divided court held that the defendant had a legitimate expectation of privacy in the apartment. Therefore, the defendant had standing to challenge the legality of the police officer's observations pursuant to the Fourth …
Absolute Immunity: General Principles And Recent Developments, Erwin Chemerinsky
Absolute Immunity: General Principles And Recent Developments, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Absolute Immunity: General Principles And Recent Developments, Erwin Chemerinsky
Absolute Immunity: General Principles And Recent Developments, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Conflicting Confrontation Clause Concerns: The Admissibility Of Hospital Records Versus A Defendant's Right To Confrontation, Susan Barlow
Conflicting Confrontation Clause Concerns: The Admissibility Of Hospital Records Versus A Defendant's Right To Confrontation, Susan Barlow
Touro Law Review
No abstract provided.
Comments On Maryland V. King In 'U.S. Supreme Court To Hear Arguments Over Md. Dna Case: Justices' Decision Will Have National Implications On Future Crime-Fighting Procedures', Colin Starger
All Faculty Scholarship
No abstract provided.
The Right To Remain Silent: Addressing A Government Attorney Client Privilege In The Context Of A Grand Jury Subpoena, Matan Shmuel
The Right To Remain Silent: Addressing A Government Attorney Client Privilege In The Context Of A Grand Jury Subpoena, Matan Shmuel
Matan Shmuel
This article presents a resolution for the circuit split over whether a federal agency can invoke the attorney client privilege in a federal grand jury investigation. This article analyzes the current state of the law across each circuit and provides a resolution of the conflict for the supreme court to consider. The resolution involves a balancing test which weighs three competing factors: public need for the information; government need in confidentiality; and grand jury interest in the information. The solution is intended for the supreme court to consider when this issue hits the court
Cross-Examining Film, Jessica Silbey
Cross-Examining Film, Jessica Silbey
Faculty Scholarship
The Supreme Court decision in Scott v. Harris holds that a Georgia police officer did not violate a fleeing suspect's Fourth Amendment rights when he caused the suspect's car to crash. The court's decision relies almost entirely on the filmed version of the high-speed police chase taken from a "dash-cam," a video camera mounted on the dashboard of the pursuing police cruiser. The Supreme Court said that in light of the contrary stories told by the opposing parties to the lawsuit, the only story to be believed was that told by the video. In Scott v. Harris, the court fell …
8. The Supreme Court, Hearsay, And Crawford: Implications For Child Interviewers., Thomas D. Lyon
8. The Supreme Court, Hearsay, And Crawford: Implications For Child Interviewers., Thomas D. Lyon
Thomas D. Lyon
Kumho Tire Co. V. Carmichael: The Supreme Court Follows Up On The Daubert Test, Martin A. Schwartz
Kumho Tire Co. V. Carmichael: The Supreme Court Follows Up On The Daubert Test, Martin A. Schwartz
Touro Law Review
No abstract provided.