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Full-Text Articles in Law
Reclaiming The Promise Of The Indian Child Welfare Act: A Study Of State Incorporation And Adoption Of Legal Protections For Indian Status Offenders, Thalia Gonzalez
Reclaiming The Promise Of The Indian Child Welfare Act: A Study Of State Incorporation And Adoption Of Legal Protections For Indian Status Offenders, Thalia Gonzalez
Thalia Gonzalez
No abstract provided.
Selling Sex: Analyzing The Improper Use Defense To Contract Enforcement Through The Lens Of Carroll V. Beardon, Julie M. Spanbauer
Selling Sex: Analyzing The Improper Use Defense To Contract Enforcement Through The Lens Of Carroll V. Beardon, Julie M. Spanbauer
Julie M. Spanbauer
The 1963 decision of the Supreme Court of Montana in Carroll v. Beardon, occupies less than three full pages in the Pacific Reporter and involves a simple real estate transaction in which a “madam” sold a house used for prostitution to another “madam.” The opinion is the last in a long line of cases to speak specifically to the issue of enforcement of facially legitimate contracts that in some manner arguably involve or are related to prostitution and is commonly cited in treatises and hornbooks as representative of the movement by courts toward enforcement of such contracts under the law …
Rethinking Gps Devices And Fourth Amendment Rights, Allison W. Chan
Rethinking Gps Devices And Fourth Amendment Rights, Allison W. Chan
Allison W Chan
Technology advances rapidly. Constant innovation, however, comes at a cost. Law enforcement is able to engage in wholesale surveillance of suspects by attaching Global Positioning System (“GPS”) devices to their vehicles. Attaching GPS devices to those vehicles has few, if any, restrictions. Law enforcement does not need a warrant. Officers may legally attach a GPS device anytime a vehicle is in “public space.” However, the problem is that courts have been unable to agree on what constitutes public space, especially with regards to residential curtilage. In 2010, the Ninth Circuit held in United States v. Pineda Moreno, 591 F.3d 1212 …
Rethinking Gps Devices And Fourth Amendment Rights, Allison W. Chan
Rethinking Gps Devices And Fourth Amendment Rights, Allison W. Chan
Allison W Chan
Technology advances rapidly. Constant innovation, however, comes at a cost. Law enforcement is able to engage in wholesale surveillance of suspects by attaching Global Positioning System (“GPS”) devices to their vehicles. Attaching GPS devices to those vehicles has few, if any, restrictions. Law enforcement does not need a warrant. Officers may legally attach a GPS device anytime a vehicle is in “public space.” However, the problem is that courts have been unable to agree on what constitutes public space, especially with regards to residential curtilage. In 2010, the Ninth Circuit held in United States v. Pineda Moreno, 591 F.3d 1212 …
Rethinking Gps Devices And Fourth Amendment Rights, Allison W. Chan
Rethinking Gps Devices And Fourth Amendment Rights, Allison W. Chan
Allison W Chan
Technology advances rapidly. Constant innovation, however, comes at a cost. Law enforcement is able to engage in wholesale surveillance of suspects by attaching Global Positioning System (“GPS”) devices to their vehicles. Attaching GPS devices to those vehicles has few, if any, restrictions. Law enforcement does not need a warrant. Officers may legally attach a GPS device anytime a vehicle is in “public space.” However, the problem is that courts have been unable to agree on what constitutes public space, especially with regards to residential curtilage. In 2010, the Ninth Circuit held in United States v. Pineda Moreno, 591 F.3d 1212 …
Rethinking Gps Devices And Fourth Amendment Rights, Allison W. Chan
Rethinking Gps Devices And Fourth Amendment Rights, Allison W. Chan
Allison W Chan
Technology advances rapidly. Constant innovation, however, comes at a cost. Law enforcement is able to engage in wholesale surveillance of suspects by attaching Global Positioning System (“GPS”) devices to their vehicles. Attaching GPS devices to those vehicles has few, if any, restrictions. Law enforcement does not need a warrant. Officers may legally attach a GPS device anytime a vehicle is in “public space.” However, the problem is that courts have been unable to agree on what constitutes public space, especially with regards to residential curtilage. In 2010, the Ninth Circuit held in United States v. Pineda Moreno, 591 F.3d 1212 …
Rethinking Gps Devices And Fourth Amendment Rights, Allison W. Chan
Rethinking Gps Devices And Fourth Amendment Rights, Allison W. Chan
Allison W Chan
Technology advances rapidly. Constant innovation, however, comes at a cost. Law enforcement is able to engage in wholesale surveillance of suspects by attaching Global Positioning System (“GPS”) devices to their vehicles. Attaching GPS devices to those vehicles has few, if any, restrictions. Law enforcement does not need a warrant. Officers may legally attach a GPS device anytime a vehicle is in “public space.” However, the problem is that courts have been unable to agree on what constitutes public space, especially with regards to residential curtilage. In 2010, the Ninth Circuit held in United States v. Pineda Moreno, 591 F.3d 1212 …
Theorizing Mental Health Courts, Lea Johnston
Theorizing Mental Health Courts, Lea Johnston
E. Lea Johnston
To date, no scholarly article has analyzed the theoretical basis of mental health courts, which currently exist in forty-three states. This Article examines the two utilitarian justifications proposed by mental health court advocates—therapeutic jurisprudence and therapeutic rehabilitation—and finds both insufficient. Therapeutic jurisprudence is inadequate to justify mental health courts because of its inability, by definition, to resolve significant normative conflict. In essence, mental health courts express values fundamentally at odds with those underlying the traditional criminal justice system. Furthermore, the sufficiency of rehabilitation, as this concept appears to be defined by mental health court advocates, depends on the validity of …
Mcdonald V. Chicago: Which Standard Of Scrutiny Should Apply To Gun-Control Laws?, Lawrence Rosenthal
Mcdonald V. Chicago: Which Standard Of Scrutiny Should Apply To Gun-Control Laws?, Lawrence Rosenthal
Lawrence Rosenthal
No abstract provided.
Retrying The Acquitted In England, Part Iii: Prosecution Appeals Against Judges' Rulings Of "No Case To Answer", David Rudstein
Retrying The Acquitted In England, Part Iii: Prosecution Appeals Against Judges' Rulings Of "No Case To Answer", David Rudstein
David S Rudstein
No abstract provided.
When Does Restitution Become Retribution?, Melanie M. Reid, Curtis L. Collier
When Does Restitution Become Retribution?, Melanie M. Reid, Curtis L. Collier
Melanie M. Reid
A defendant, charged with knowingly possessing material that contains images of child pornography which has been transported in interstate commerce by means of a computer, in violation 18 U.S.C. §§ 2252A(a)(5)(B) and (b)(2), needs to be aware that he may be hit with a large restitution order at the time of his sentencing. At sentencing, the court not only sentences the defendant to a term of imprisonment, supervised release, and assessment, but also orders an amount of restitution to be paid to the identified victims of the child pornography. This restitution order must comply with 18 U.S.C. § 2259 which …