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Full-Text Articles in Law
Why Crime Severity Analysis Is Not Reasonable, Christopher Slobogin, Jeffrey Bellin, Et Al.
Why Crime Severity Analysis Is Not Reasonable, Christopher Slobogin, Jeffrey Bellin, Et Al.
Vanderbilt Law School Faculty Publications
Jeffrey Bellin’s article, Crime Severity Distinctions and the Fourth Amendment: Reassessing Reasonableness in a Changing World, argues that the severity of the crime under investigation ought to be taken into account in assessing both the reasonableness of searches and whether a government action is a search in the first place. In pursuit of this objective, his article provides the best attempt to date at dealing with the difficult issue of separating serious from not-so serious crimes (he ends up with three categories—grave, serious and minor. He then makes the enticing argument that calibrating the degree of Fourth Amendment protection according …
Non-Capital Habeas Cases After Appellate Review: An Empirical Analysis, Nancy J. King
Non-Capital Habeas Cases After Appellate Review: An Empirical Analysis, Nancy J. King
Vanderbilt Law School Faculty Publications
n 2007, researchers from the National Center for State Courts and Vanderbilt University Law School reported the findings from a study of litigation in 2384 randomly selected, non-capital habeas cases, approximately 6.5% of the non-capital habeas cases commenced in federal district courts in 2003 and 2004 by state prisoners. In this article, I update that report, including the cases that were pending when the 2007 report was prepared, and following the study cases into the federal courts of appeals, and back into the state courts. Even after appellate review of denials and dismissals, the percentage of non-capital petitioners receiving federal …
Medical Marijuana And The Political Safeguards Of Federalism, Robert A. Mikos
Medical Marijuana And The Political Safeguards Of Federalism, Robert A. Mikos
Vanderbilt Law School Faculty Publications
Medical marijuana has emerged as one of the key federalism battlegrounds of the last two decades. Since 1996, sixteen states have passed new laws legalizing the drug for certain medical purposes.' All the while, the federal government has remained committed to zero-tolerance, prohibiting the possession, cultivation, and distribution of marijuana for any purpose.2 The federal government's uncompromising stance against medical marijuana seemingly exposes the states' vulnerability to the whims of the national political process, and it has inspired calls for the courts to step in and protect state experimentation from this and other instances of arguable congressional over-reaching.