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Full-Text Articles in Law
Right To A Healthy Prison Environment: Health Care In Custody Under The Prism Of Torture, Juan E. Mendez
Right To A Healthy Prison Environment: Health Care In Custody Under The Prism Of Torture, Juan E. Mendez
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Accused And Unconvicted: Fleeing From Wealth-Based Pretrial Detention, Cynthia E. Jones
Accused And Unconvicted: Fleeing From Wealth-Based Pretrial Detention, Cynthia E. Jones
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Exclusionary Rule In The Age Of Blue Data, Andrew Ferguson
The Exclusionary Rule In The Age Of Blue Data, Andrew Ferguson
Articles in Law Reviews & Other Academic Journals
In Herring v. United States, Chief Justice John Roberts reframed the Supreme Court’s understanding of the exclusionary rule: “As laid out in our cases, the exclusionary rule serves to deter deliberate, reckless, or grossly negligent conduct, or in some circumstances recurring or systemic negligence.” The open question remains: how can defendants demonstrate sufficient recurring or systemic negligence to warrant exclusion? The Supreme Court has never answered the question, although the absence of systemic or recurring problems has figured prominently in two recent exclusionary rule decisions. Without the ability to document recurring failures, or patterns of police misconduct, courts can dismiss …
Defining Detention: The Intervention Of The European Court Of Human Rights In The Detention Of Involuntary Migrants, Anita Sinha
Defining Detention: The Intervention Of The European Court Of Human Rights In The Detention Of Involuntary Migrants, Anita Sinha
Articles in Law Reviews & Other Academic Journals
This Article examines the European Court of Human Rights' intervention in the detention of involuntary migrants. It analyzes the use of "carceral migration control" in response to a migration "crisis," and argues that the actual crisis in the region is one of politics and policies rather than the magnitude of migration. It explores the consequences of a crisis moniker for migration, including shortsighted migration policies, entrenched caricatures of migrants as threatening, and excessive emphasis on punitive rather than humanitarian responses. Responding to migration as a crisis has led states in Europe and elsewhere to shift the movement of people across …