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Full-Text Articles in Law
Schneckloth V. Bustamonte: History’S Unspoken Fourth Amendment Anomaly, Brian Gallini
Schneckloth V. Bustamonte: History’S Unspoken Fourth Amendment Anomaly, Brian Gallini
School of Law Faculty Publications and Presentations
The officer walking the beat has numerous tools at her disposal to effectuate a warrantless search, the most popular of which is the consent search. Academics, courts, and the public appear skeptical of current consent search practices; so, how did we get here? Step back to 1969 when President Nixon appointed Warren Burger to replace Earl Warren as Chief Justice of the Supreme Court. At that time, many believed Burger’s “law and order” background foretold Miranda’s overruling. That never happened; a handful of commentators and historians therefore view the Burger Court’s criminal procedure decisions as anticlimactic. That view overlooks the …
To Serve And Protect? Officers As Expert Witnesses In Federal Drug Prosecutions, Brian Gallini
To Serve And Protect? Officers As Expert Witnesses In Federal Drug Prosecutions, Brian Gallini
School of Law Faculty Publications and Presentations
A competent United States Attorney should easily win any federal drug case. The elements of federal drug crimes are easy to prove, easy to explain, and easy for juries to comprehend. Why then does the government need members of law enforcement to testify as experts in federal drug prosecutions? The answer: they do not. Yet district courts routinely admit (and appellate courts uphold) expert agent and officer testimony on a wide array of drug topics—including when officers testify both as expert and lay witnesses. Were the examples of law enforcement expert testimony few, perhaps no problem would arise. But this …
Campaign Contributions, Campaign Involvement, And Judicial Recusal, Howard Brill
Campaign Contributions, Campaign Involvement, And Judicial Recusal, Howard Brill
School of Law Faculty Publications and Presentations
In Arkansas, we elect judges, and all indications are that we will continue to do so. Attempts to change to some variation of a merit-selection plan have been rejected. The proposed Constitution of 1970 included a partial merit-selection plan. This Constitution was soundly rejected by the people. Although the merit-selection plan was not the determining factor in the defeat, it certainly did not generate popular support. Accordingly, the proposed Constitution of 1980 simply asked the people to later vote on whether to have a judiciary selected by merit. But the entire Constitution again failed. Despite calls for a merit-selection plan, …