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Legalizing Marijuana: California's Pot Of Gold?, Michael Vitiello
Legalizing Marijuana: California's Pot Of Gold?, Michael Vitiello
Michael Vitiello
Legalizing Marijuana: California’s Post of Gold? Abstract: In early 2009, a member of the California Assembly put a bill in the hopper that would have legalized marijuana in an effort to raise tax revenue and to reduce prison costs. While the bill’s proponent withdrew the bill, he vowed to renew his efforts in the next term. Other prominent California officials, including Governor Schwarzenegger, have indicated their willingness to study legalization in light of California’s budget shortfall. For the first time in over thirty years, politicians are giving serious consideration to a proposal to legalize marijuana. But already, the public debate …
A Kiss Is Just A Kiss, Or Is It? A Comparative Look At Italian And American Sex Crimes, Michael Vitiello
A Kiss Is Just A Kiss, Or Is It? A Comparative Look At Italian And American Sex Crimes, Michael Vitiello
Michael Vitiello
A Kiss is Just a Kiss, or is it? A Comparative Look at Italian and American Sex Crimes Abstract: Ask an American about Italian sex offenses and you are likely to hear about the case in which a court found that a woman wearing tight jeans cannot be raped. Americans largely assume that the male dominated Italian culture does not provide significant protection for women against unwanted sexual advances. Surprisingly, at least to co-author Vitiello, Italian courts have been quite protective of women in some recent decisions. This article is a conversation between two criminal law scholars, one Italian and …
Herring V. United States: Mapp's Artless Overruling?, Michael Vitiello
Herring V. United States: Mapp's Artless Overruling?, Michael Vitiello
Michael Vitiello
Abstract: Well before the 2008 term ends, I can safely predict that Herring v. United States will be one of the most important cases decided during this term. While arguably a narrow decision, few readers can miss its sweeping logic, effectively eroding the general application of the Fourth Amendment’s exclusionary rule. Herring may signal the demise of Mapp v. Ohio, the landmark decision requiring states to apply the exclusionary rule as a remedy for Fourth Amendment violations. Given a long line of decisions eroding Mapp, should the current Court’s critics really be surprised at Mapp’s impending demise? I think that …