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Fortifying American Emergency Power: A Multinational Comparison To Contain Crises, Courtney Devore
Fortifying American Emergency Power: A Multinational Comparison To Contain Crises, Courtney Devore
Vanderbilt Journal of Transnational Law
Countries will inevitably face emergencies. Historically, governments have exercised immense power in response to emergencies. For responses to be quick and effective, emergency power operates outside of the normal rule of law. While disbanding the normal rule of law may be necessary from time to time to protect national security, the unilateral ability of government to take such action creates perverse incentives to abuse the power. Abuses of emergency power are found across the globe, most notably occurring in the United States recently.
In the wake of the Trump Administration, this Note seeks to identify how and why the US …
Defending Miranda: A Reply To Professor Caplan, Welsh S. White
Defending Miranda: A Reply To Professor Caplan, Welsh S. White
Vanderbilt Law Review
Professor Caplan yearns for the good old days "when the police enjoyed greater public confidence" and, in accordance with the tactics recommended in the police manuals, it was acceptable "for an investigator to talk sharply to the suspect or glare at him or sit too closely or withhold cigarettes, or, from the opposite vantage, to pretend to be a sympathetic friend or a concerned coreligionist."'Thus, Professor Caplan attacks the Miranda decision on the ground that "by introducing novel conceptions of the proper relationship between the suspect and authority," Miranda operates to subvert the principal function of the criminal process, the …