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Light In The Darkness: How Leatpr Standards Guide Legislators In Regulating Law Enforcement Access To Cell Site Location Records, Susan Freiwald
Light In The Darkness: How Leatpr Standards Guide Legislators In Regulating Law Enforcement Access To Cell Site Location Records, Susan Freiwald
Susan Freiwald
This article measures the new ABA Standards for Criminal Justice: Law Enforcement Access to Third Party Records (LEATPR Standards) success by assessing the guidance they provide legislators interested in updating pertinent law regarding one specific type of data. Scholars should not expect the Standards to yield the same conclusions they would have furnished had they been able to draft a set of standards by themselves. The Standards emerged after years of painstaking consensus building and compromise no individual committee member got entirely what he wanted. Nonetheless, not every product of a committee turns out to have been worth the effort, …
Re-Examining The Zero-Tolerance Approach To Deporting Aggravated Felons: Restoring Discretionary Waivers And Developing New Tools, Bill Hing
Bill Ong Hing
In this essay, I argue that immigration judges should regain discretion over deportation cases involving lawful permanent resident immigrants who have committed aggravated felonies — discretion that was eliminated in 1996. Congress’s failure to address the issue of reinstating immigration court discretion is a missed opportunity to act consistently with changing political attitudes toward law enforcement and notions of proportionality. Addressing these issues would invite a conversation about the effect of criminal deportations on the prospective deportee, who may in fact be well on the road to rehabilitation. The effect on the community also would become relevant, as we focus …
Conclusion — The Migration Of Legal Ideas: Legislative Design And The Lawmaking Process, Robert Tsai
Conclusion — The Migration Of Legal Ideas: Legislative Design And The Lawmaking Process, Robert Tsai
Robert L Tsai
This is the conclusion for an edited volume on legislative usage of foreign and international law, N. Lupo & L. Scaffardi, Legal Transplants and Parliaments: A Possible Dialogue Amongst Legislators? (2014). I assess the general turn in comparative law studies towards the behavior of elected officials, as well as the preference for increased formality in the use of foreign law. The essays in this book analyze the legal experiences of Brazil, Namibia, Australia, South Africa, Spain, the European Union, China, Canada, Portugal, the United Kingdom, the United States, and Italy. Many of these countries (but not all, especially the U.S.) …