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Articles 1 - 30 of 2524

Full-Text Articles in Law

Preview — State V. Wood. First Impressions On Accountability And Cell-Site Location Information, Sarah K. Yarlott Apr 2024

Preview — State V. Wood. First Impressions On Accountability And Cell-Site Location Information, Sarah K. Yarlott

Public Land & Resources Law Review

No abstract provided.


Toward Accessing Hiv-Preventative Medication In Prisons, Scott Shimizu Apr 2024

Toward Accessing Hiv-Preventative Medication In Prisons, Scott Shimizu

Northwestern University Law Review

The Eighth Amendment is meant to protect incarcerated individuals against harm from the state, including state inaction in the face of a known risk of harm. While the Eighth Amendment’s protection prohibits certain prison disciplinary measures and conditions of confinement, the constitutional ambit should arguably encompass protection from the serious risk of harm of sexual assault, as well as a corollary to sexual violence: the likelihood of contracting a deadly sexually transmitted infection like HIV. Yet Eighth Amendment scholars frequently question the degree to which the constitutional provision actually protects incarcerated individuals.

This Note draws on previous scholarship on cruel …


Barcoding Bodies: Rfid Technology And The Perils Of E-Carceration, Jackson Samples Apr 2024

Barcoding Bodies: Rfid Technology And The Perils Of E-Carceration, Jackson Samples

Duke Law & Technology Review

Electronic surveillance now plays a central role in the criminal legal system. Every year, hundreds of thousands of people are tracked by ankle monitors and smartphone technology. And frighteningly, commentators and policymakers have now proposed implanting radio frequency identification (“RFID”) chips into people’s bodies for surveillance purposes. This Note examines the unique risks of these proposals—particularly with respect to people on probation and parole—and argues that RFID implants would constitute a systematic violation of individual privacy and bodily integrity. As a result, they would also violate the Fourth Amendment.


Ohio’S Failure To Protect Motorcyclists' Heads: A Law Enforcement Perspective, B. Thomas Mar 2024

Ohio’S Failure To Protect Motorcyclists' Heads: A Law Enforcement Perspective, B. Thomas

Et Cetera

As a former police officer, the aftereffects of helmetless motorcycle crashes will forever haunt me. This Article discusses the need for helmet laws for all motorcyclists.


Police Officers’ Perceptions Regarding Their Interactions With The Disabled In Kankakee County, Jilliann M. English Mar 2024

Police Officers’ Perceptions Regarding Their Interactions With The Disabled In Kankakee County, Jilliann M. English

ELAIA

Background Previous research shows the rate of crime against people with disabilities is significantly higher than the general population. Despite this, gaps in the training and resources for officers to assist those with disabilities may exist. Eadens et al. (2008) explored this issue by evaluating officer attitudes towards intellectual disabilities. Kankakee County has a significant disabled population, and Illinois is ranked very low in the improvement of related policies, making this a valuable area of interest. Methods This study utilized the modified version of the Social Distance Questionnaire (SDQ) used by Eadens et al. (2008), which is both qualitative and …


Filling The Potholes Of Pretextual Traffic Stops: A Better Road Forward For Ohio, Jordan Weeks Mar 2024

Filling The Potholes Of Pretextual Traffic Stops: A Better Road Forward For Ohio, Jordan Weeks

Cleveland State Law Review

The Fourth Amendment was one of the driving forces behind the United States Revolution. This Amendment generally protects individuals against “unreasonable” searches and seizures. But what does “reasonable” mean in the context of a traffic stop?

In 1996, the U.S. Supreme Court in Whren v. United States tried answering this question. In so doing, the Court determined that pretextual traffic stops are “reasonable.” Pretextual traffic stops occur where an officer stops a vehicle and cites a lawful reason for the stop, yet the underlying reason is unlawful. The Whren Court determined that an officer’s intent is completely irrelevant to whether …


A New Private Law Of Policing, Cristina Carmody Tilley Mar 2024

A New Private Law Of Policing, Cristina Carmody Tilley

Brooklyn Law Review

American law and American life are asymmetrical. Law divides neatly in two: public and private. But life is lived in three distinct spaces: pure public, pure private, and hybrid middle spaces that are neither state nor home. Which body of law governs the shops, gyms, and workplaces that are formally accessible to all, but functionally hostile to Black, female, poor, and other marginalized Americans? From the liberal midcentury onward, social justice advocates have treated these spaces as fundamentally public and fully remediable via public law equity commands. This article takes a broader view. It urges a tort law revival in …


“Police Yelp”, Natalie Gould Mar 2024

“Police Yelp”, Natalie Gould

UC Irvine Law Review

This Note discusses failed police accountability measures and suggests a new intervention, “Police Yelp,” that focuses on community control over police officers. The Note discusses the current institutional measures that have attempted to control police but have failed, largely due to their reactive and institutional nature. To better control police and ensure they are policing as communities want to be policed, this Note argues for community control over police through a democratic process, similar to the way that users interact with businesses on Yelp. The Note draws on power shifting as articulated by Jocelyn Simonson, among others, which advocates for …


“Twitter Jail” For The Jailer: The Precarious First Amendment Rights Of Police Officers To Share Workplace Concerns On Social Media, Frank D. Lomonte, Jessica Terkovich Mar 2024

“Twitter Jail” For The Jailer: The Precarious First Amendment Rights Of Police Officers To Share Workplace Concerns On Social Media, Frank D. Lomonte, Jessica Terkovich

Nevada Law Journal

No abstract provided.


Peripheral Detention, Transfer, And Access To The Courts, Jessica Rofé Mar 2024

Peripheral Detention, Transfer, And Access To The Courts, Jessica Rofé

Michigan Law Review

In the last forty years, immigration detention in the U.S. has grown exponentially, largely concentrated in the southern states and outside of the country’s metropoles. In turn, federal immigration officials routinely transfer immigrants from their communities to remote jails and prisons hundreds, if not thousands, of miles away, often in jurisdictions where the law is more favorable to the government. These transfers are conducted without notice or process and frequently occur on weekends or in the predawn hours, when offices are closed and interested parties are lucky to access voicemail.

Federal immigration officials’ use of peripheral detention and transfer significantly …


Combating Substance Abuse And Violence In Jackson County, Missouri: A Public Health Approach To The "War On Drugs", Danielle Bukacheski, Grant Baker, Stephen R. Bough Mar 2024

Combating Substance Abuse And Violence In Jackson County, Missouri: A Public Health Approach To The "War On Drugs", Danielle Bukacheski, Grant Baker, Stephen R. Bough

UMKC Law Review

In 1989, Jackson County, Missouri, made history - voters passed the first tax solely dedicated to funding substance abuse prevention and treatment. Today, the COMmunity Backed Anti-Crime Tax ("COMBAT") continues to annually generate between $25 to $30 million that supports Jackson County courts, the Jackson County Prosecutor's Office, local law enforcement agencies, and nonprofit organizations focusing on prevention and treatment. COMBAT has achieved success through its de-emphasis on punitive law enforcement practices and emphasis on public health. Instead of focusing on the prosecution of drug-related offenses, COMBAT is leading a more holistic "War on Drugs" by funding community-based resources to …


The Model Law Enforcement Officer And Other First Responder's Deflection Act: A National Blueprint For Creating Successful Deflection Programs Across The Country, Marc Consalo Mar 2024

The Model Law Enforcement Officer And Other First Responder's Deflection Act: A National Blueprint For Creating Successful Deflection Programs Across The Country, Marc Consalo

UMKC Law Review

The idea of finding alternatives to the traditional approach of arresting, prosecuting, and punishing an individual for criminal behavior in the hopes it will deter future illegal conduct is not new. In 1947, the Judicial Conference of the United States met to make recommendations for the first diversion programs focusing on youthful offenders. Approximately fifteen years later, states began to explore diversion as an option for some adult lawbreakers.

The birth of diversion generated a novel approach to addressing criminal activity. However, before any individual could participate in a diversion program, law enforcement arrested the person which imposed a host …


Building A Successful Team In A Problem-Solving Court: The Western District Of Missouri Model, Carie Allen, Stephen R. Bough, Lajuana Counts, Arthur Diaz, Jeffrey Mccarther, Katie Meister, James Parker Mar 2024

Building A Successful Team In A Problem-Solving Court: The Western District Of Missouri Model, Carie Allen, Stephen R. Bough, Lajuana Counts, Arthur Diaz, Jeffrey Mccarther, Katie Meister, James Parker

UMKC Law Review

Problem-solving courts work. We know that reentry programs and intensive supervision programs like drug courts are effective alternatives to incarceration that reduce recidivism. For example, the United States District Court for the Western District of Missouri's Reentry Court has an 85.7% success rate for graduates, meaning they complete their term of supervised release without any new charges. A reduction of recidivism means hefty savings of tax-payer dollars. More importantly, successful problem-solving courts mean people engage in their communities, raise families, work productive jobs, and pay taxes.

Courts and legislators and executive branches around the country are increasingly turning to problem …


Problem-Solving Courts And The Outcome Oversight Gap, Erin R. Collins Mar 2024

Problem-Solving Courts And The Outcome Oversight Gap, Erin R. Collins

UMKC Law Review

The creation of a specialized, “problem-solving” court is a ubiquitous response to the issues that plague our criminal legal system. The courts promise to address the factors believed to lead to repeated interactions with the system, such as addiction or mental illness, thereby reducing recidivism and saving money. And they do so effectively – at least according to their many proponents, who celebrate them as an example of a successful “evidence-based,” data-driven reform. But the actual data on their efficacy is underwhelming, inconclusive, or altogether lacking. So why do they persist?

This Article seeks to answer that question by scrutinizing …


A New Generation Of Reform In Drug Enforcement In Kansas City, Jean Peters Baker Mar 2024

A New Generation Of Reform In Drug Enforcement In Kansas City, Jean Peters Baker

UMKC Law Review

Jackson County, Missouri has been at the forefront of drug policy reform for decades, with the establishment of one of America's first Drug Courts in the early 1990s. This Article will delve into the impact of the county's shift in drug policy on the drug court model, both positive and negative, and where the county expects to go in the future. We will examine what we currently understand about drugs, including the destructive effects of drugs on individuals and their families, the history of the War on Drugs and its lack of impact, and the statistics on drug crimes and …


Kansas City Municipal Court's Domestic Violence Court Programming, Courtney A. Wachal, Gerald Sorensen, Jenna Phelps, Nephateri Hill Mar 2024

Kansas City Municipal Court's Domestic Violence Court Programming, Courtney A. Wachal, Gerald Sorensen, Jenna Phelps, Nephateri Hill

UMKC Law Review

The Kansas City Municipal Domestic Violence Court identifies cases as domestic violence if they involve intimate partner violence, violations of protective order, interfamily violence, or cases where there is a child witness. This court manages a large caseload of domestic violence violations that vary widely in the severity of the charges and the levels of violence.

The Kansas City Municipal Domestic Violence Court has prioritized their probation resources by focusing services on those cases that are most in need of supervision and on those cases most likely to be receptive to services. This article will discuss The Compliance Docket and …


Social Ecology, Preventive Intervention, And The Administrative Transformation Of The Criminal Legal System, Mark R. Fondacaro Mar 2024

Social Ecology, Preventive Intervention, And The Administrative Transformation Of The Criminal Legal System, Mark R. Fondacaro

Georgia State University Law Review

This Article outlines an administrative model of criminal justice that provides a conceptual framework and empirical justification for transforming our criminal legal system from a backward-looking, adjudicative model grounded in principles of retribution toward a forward-looking model grounded in consequentialist principles of justice aimed at crime prevention and recidivism reduction. The Article reviews the historical roots and justifications for our current system, along with recent advances in the behavioral, social, and biological sciences that inform why and how the system fuels injustice. The concept of social ecology is introduced as an organizing framework for: (1) understanding why individuals do or …


Police Chases And Pit Maneuvers: Examining The Role Of Officer Conduct In Pursuit-Related Felony Murder Convictions, Margaret L. R. Dubose Mar 2024

Police Chases And Pit Maneuvers: Examining The Role Of Officer Conduct In Pursuit-Related Felony Murder Convictions, Margaret L. R. Dubose

Georgia State University Law Review

The United States Supreme Court has described a police officer's decision to terminate a high-speed car chase by making physical contact with the fleeing vehicle as a "choice between two evils." Indeed, while many speed-related deaths occur on Georgia's roadways without the involvement of law enforcement, deaths also transpire when officers choose to make such contact through Precision Intervention Technique (PIT) maneuvers.

In 2015, a Georgia jury found a driver guilty of committing felony murder—a conviction which carries with it a life sentence. The victim, a passenger in the driver's speeding car, died after a law enforcement officer performed a …


Veterans Treatment Courts: Broadening Eligibility For Veterans Convicted Of Violent Offenses, Mark Dela Peña Jan 2024

Veterans Treatment Courts: Broadening Eligibility For Veterans Convicted Of Violent Offenses, Mark Dela Peña

Catholic University Law Review

Veterans treatment courts (VTCs) have been gaining widespread popularity as a tool to divert justice-involved veterans from the criminal justice system. While a step in the right direction, most of these courts categorically exclude violent offenders for eligibility. Many jurisdictions conflate violent offenses with serious offenses, even when many violent offenses lack any physical harm. Additionally, prosecutors wield almost unbridled discretion in determining whether or not someone is charged with an offense considered to be violent, determining VTC eligibility even before a case reaches a sentencing hearing.

This comment argues for admitting veterans convicted of violent offenses into VTCs. This …


Decentralizing The Nigerian Police Force: A Plausible Approach To Hinterland Securities, Amobi P. Chiamogu, Uchechukwu P. Chiamogu Jan 2024

Decentralizing The Nigerian Police Force: A Plausible Approach To Hinterland Securities, Amobi P. Chiamogu, Uchechukwu P. Chiamogu

Journal of African Conflicts and Peace Studies

The structure of the Nigerian police has overtime depicted a centralized composition that negate principles of power sharing in a federal system of government. The complexities and diverse nature of policing in Nigeria remains the bane to effective and virile administration and management of the organization. The office of the Commissioner of Police vis-à-vis those of State Governors spell contradictions in power configuration from both the Constitution and the Police Act. The enactment of vigilante services and neighbourhood watches by state governments are indicative of a failing security system especially at the component units of the Nigerian federation. The hinterlands …


A Model State Compensation Law For The Wrongfully Convicted, Jacqueline Kamel Jan 2024

A Model State Compensation Law For The Wrongfully Convicted, Jacqueline Kamel

Journal of Legislation

No abstract provided.


The Need For Corporate Guardrails In U.S. Industrial Policy, Lenore Palladino Jan 2024

The Need For Corporate Guardrails In U.S. Industrial Policy, Lenore Palladino

Seattle University Law Review

U.S. politicians are actively “marketcrafting”: the passage of the Bipartisan Infrastructure Law, the CHIPS and Science Act, and the Inflation Reduction Act collectively mark a new moment of robust industrial policy. However, these policies are necessarily layered on top of decades of shareholder primacy in corporate governance, in which corporate and financial leaders have prioritized using corporate profits to increase the wealth of shareholders. The Administration and Congress have an opportunity to use industrial policy to encourage a broader reorientation of U.S. businesses away from extractive shareholder primacy and toward innovation and productivity. This Article examines discrete opportunities within the …


The Automated Fourth Amendment, Maneka Sinha Jan 2024

The Automated Fourth Amendment, Maneka Sinha

Emory Law Journal

Courts routinely defer to police officer judgments in reasonable suspicion and probable cause determinations. Increasingly, though, police officers outsource these threshold judgments to new forms of technology that purport to predict and detect crime and identify those responsible. These policing technologies automate core police determinations about whether crime is occurring and who is responsible.

Criminal procedure doctrine has failed to insist on some level of scrutiny of—or skepticism about—the reliability of this technology. Through an original study analyzing numerous state and federal court opinions, this Article exposes the implications of law enforcement’s reliance on these practices given the weighty interests …


Table Of Contents, Seattle University Law Review Jan 2024

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Public Primacy In Corporate Law, Dorothy S. Lund Jan 2024

Public Primacy In Corporate Law, Dorothy S. Lund

Seattle University Law Review

This Article explores the malleability of agency theory by showing that it could be used to justify a “public primacy” standard for corporate law that would direct fiduciaries to promote the value of the corporation for the benefit of the public. Employing agency theory to describe the relationship between corporate management and the broader public sheds light on aspects of firm behavior, as well as the nature of state contracting with corporations. It also provides a lodestar for a possible future evolution of corporate law and governance: minimize the agency costs created by the divergence of interests between management and …


Shareholder Primacy Versus Shareholder Accountability, William W. Bratton Jan 2024

Shareholder Primacy Versus Shareholder Accountability, William W. Bratton

Seattle University Law Review

When corporations inflict injuries in the course of business, shareholders wielding environmental, social, and governance (“ESG”) principles can, and now sometimes do, intervene to correct the matter. In the emerging fact pattern, corporate social accountability expands out of its historic collectivized frame to become an internal subject matter—a corporate governance topic. As a result, shareholder accountability surfaces as a policy question for the first time. The Big Three index fund managers, BlackRock, Vanguard, and State Street, responded to the accountability question with ESG activism. In so doing, they defected against corporate legal theory’s central tenet, shareholder primacy. Shareholder primacy builds …


Stakeholder Governance As Governance By Stakeholders, Brett Mcdonnell Jan 2024

Stakeholder Governance As Governance By Stakeholders, Brett Mcdonnell

Seattle University Law Review

Much debate within corporate governance today centers on the proper role of corporate stakeholders, such as employees, customers, creditors, suppliers, and local communities. Scholars and reformers advocate for greater attention to stakeholder interests under a variety of banners, including ESG, sustainability, corporate social responsibility, and stakeholder governance. So far, that advocacy focuses almost entirely on arguing for an expanded understanding of corporate purpose. It argues that corporate governance should be for various stakeholders, not shareholders alone.

This Article examines and approves of that broadened understanding of corporate purpose. However, it argues that we should understand stakeholder governance as extending well …


Corporate Law In The Global South: Heterodox Stakeholderism, Mariana Pargendler Jan 2024

Corporate Law In The Global South: Heterodox Stakeholderism, Mariana Pargendler

Seattle University Law Review

How do the corporate laws of Global South jurisdictions differ from their Global North counterparts? Prevailing stereotypes depict the corporate laws of developing countries as either antiquated or plagued by problems of enforcement and misfit despite formal convergence. This Article offers a different view by showing how Global South jurisdictions have pioneered heterodox stakeholder approaches in corporate law, such as the erosion of limited liability for purposes of stakeholder protection in Brazil and India, the adoption of mandatory corporate social responsibility in Indonesia and India, and the large-scale program of Black corporate ownership and empowerment in South Africa, among many …


A Different Approach To Agency Theory And Implications For Esg, Jonathan Bonham, Amoray Riggs-Cragun Jan 2024

A Different Approach To Agency Theory And Implications For Esg, Jonathan Bonham, Amoray Riggs-Cragun

Seattle University Law Review

In conventional agency theory, the agent is modeled as exerting unobservable “effort” that influences the distribution over outcomes the principal cares about. Recent papers instead allow the agent to choose the entire distribution, an assumption that better describes the extensive and flexible control that CEOs have over firm outcomes. Under this assumption, the optimal contract rewards the agent directly for outcomes the principal cares about, rather than for what those outcomes reveal about the agent’s effort. This article briefly summarizes this new agency model and discusses its implications for contracting on ESG activities.


The Limits Of Corporate Governance, Cathy Hwang, Emily Winston Jan 2024

The Limits Of Corporate Governance, Cathy Hwang, Emily Winston

Seattle University Law Review

What is the purpose of the corporation? For decades, the answer was clear: to put shareholders’ interests first. In many cases, this theory of shareholder primacy also became synonymous with the imperative to maximize shareholder wealth. In the world where shareholder primacy was a north star, courts, scholars, and policymakers had relatively little to fight about: most debates were minor skirmishes about exactly how to maximize shareholder wealth.

Part I of this Essay discusses the shortcomings of shareholder primacy and stakeholder governance, arguing that neither of these modes of governance provides an adequate framework for incentivizing corporations to do good. …