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Articles 1 - 22 of 22
Full-Text Articles in Law
What Kind Of Judge Is Supreme Court Nominee Merrick Garland?, Caren Morrison
What Kind Of Judge Is Supreme Court Nominee Merrick Garland?, Caren Morrison
Caren Myers Morrison
No abstract provided.
How The Justice System Fails Us After Police Shootings, Caren Morrison
How The Justice System Fails Us After Police Shootings, Caren Morrison
Caren Myers Morrison
No abstract provided.
Ruling Shows Europe Still Vexed Over Nsa Spying Leaving Us Companies In Legal Limbo, Caren Morrison
Ruling Shows Europe Still Vexed Over Nsa Spying Leaving Us Companies In Legal Limbo, Caren Morrison
Caren Myers Morrison
No abstract provided.
How China Plans To Blacklist Financially Unstable Citizens, Caren Morrison
How China Plans To Blacklist Financially Unstable Citizens, Caren Morrison
Caren Myers Morrison
No abstract provided.
China's Plan To Put Two-Faced Citizens On Credit Blacklist Isn't All That Foreign, Caren Morrison
China's Plan To Put Two-Faced Citizens On Credit Blacklist Isn't All That Foreign, Caren Morrison
Caren Myers Morrison
No abstract provided.
Jury 2.0, Caren Morrison
Jury 2.0, Caren Morrison
Caren Myers Morrison
When the Framers drafted the Sixth Amendment and provided that the accused in a criminal case would have the right to a speedy and public trial by an “impartial jury,” it is unlikely that they imagined the members of that impartial jury becoming Facebook friends during deliberations, or Googling the defendant’s name during trial. But in the past few years, such cases have increasingly been making headlines. The impact of the Internet on the functioning of the jury has generated a lot of press, but has not yet attracted scholarly attention. This article seeks to focus legal discourse on this …
Dr. Panopticon, Or How I Stopped Worrying And Learned To Love The Drone, Caren Morrison
Dr. Panopticon, Or How I Stopped Worrying And Learned To Love The Drone, Caren Morrison
Caren Myers Morrison
Of all the ways the government has to watch us, unmanned aerial vehicles, commonly known as drones, best capture the visceral fear of the all-seeing surveillance state. Because drones are becoming increasingly tiny, inexpensive, and powerful, they could enable a new species of universal surveillance, turning our cities into a modern version of Bentham’s panopticon. But this essay, written for the criminal justice symposium issue of the JCRED, is not about the alarming consequences of surveillance technology. Instead, it seeks to explore whether there is anything useful to be learned from the possibility of continuous mass surveillance. Not just useful …
We Don't Need More Laws Protecting Our Privacy From Drones?, Caren M. Morrison
We Don't Need More Laws Protecting Our Privacy From Drones?, Caren M. Morrison
Caren Myers Morrison
No abstract provided.
The First Amendment And The Rpas, Caren M. Morrison
The First Amendment And The Rpas, Caren M. Morrison
Caren Myers Morrison
No abstract provided.
Will We Pick Privacy Over Convenience When It Comes To Drones?, Caren Morrison
Will We Pick Privacy Over Convenience When It Comes To Drones?, Caren Morrison
Caren Myers Morrison
No abstract provided.
Will We Pick Privacy Over Drone-Drops From Amazon?, Caren Morrison
Will We Pick Privacy Over Drone-Drops From Amazon?, Caren Morrison
Caren Myers Morrison
No abstract provided.
Investigating Jurors On Social Media, Caren Myers Morrison
Investigating Jurors On Social Media, Caren Myers Morrison
Caren Myers Morrison
This essay proceeds in three parts. First, it examines the current state of jury investigations, and how they differ from those conducted in the past. Then, it describes the evolving legal and ethical positions that are combining to encourage such investigations. Finally, it offers a note of caution–condoning such investigations while keeping them hidden from jurors may be perceived as unfair and exploitative, risking a possible backlash from outraged jurors. Instead, I propose a modest measure to provide notice and explanation to jurors that their online information is likely to be searched, and why.
Privacy, Accountability, And The Cooperating Defendant: Towards A New Role For Internet Access To Court Records, Caren Morrison
Privacy, Accountability, And The Cooperating Defendant: Towards A New Role For Internet Access To Court Records, Caren Morrison
Caren Myers Morrison
Now that federal court records are available online, anyone can obtain criminal case files instantly over the Internet. But this unfettered flow of information is in fundamental tension with many goals of the criminal justice system, including the integrity of criminal investigations, the accountability of prosecutors and the security of witnesses. It has also altered the behavior of prosecutors intent on protecting the identity of cooperating defendants who assist them in investigating other targets. As prosecutors and courts collaborate to obscure the process by which cooperators are recruited and rewarded, Internet availability, instead of enabling greater public understanding, risks degrading …
Beyond "Perfection": Can The Insights Of Perfecting Criminal Markets Be Put To Practical Use?, Caren Morrison
Beyond "Perfection": Can The Insights Of Perfecting Criminal Markets Be Put To Practical Use?, Caren Morrison
Caren Myers Morrison
David Jaros’s thought-provoking new Article, Perfecting Criminal Markets, sheds light on a heretofore unappreciated effect of our obsession with criminalization: that merely by creating new crimes, lawmakers may inadvertently strengthen existing criminal markets. To support his argument, Jaros adopts the tenets of neoclassical deterrence theory, which assume that criminalizing an activity will deter its occurrence. But the model Jaros employs has its limits. The weakness of a rational choice account of criminal markets is that it relies so heavily on the assumption that prospective criminals will be aware of, and swayed by, criminal laws that might in fact be quite …
Can The Jury Trial Survive Google?, Caren Morrison
Can The Jury Trial Survive Google?, Caren Morrison
Caren Myers Morrison
No abstract provided.
Panel Four: Cooperation And Plea Agreements—Professors & Practitioners, The Hnorable Steven Merryday, Caren Myers Morrison, Gerald Shargel, Barbara Sale
Panel Four: Cooperation And Plea Agreements—Professors & Practitioners, The Hnorable Steven Merryday, Caren Myers Morrison, Gerald Shargel, Barbara Sale
Caren Myers Morrison
No abstract provided.
Foreword: Criminal Justice Responses To The Economic Crisis, Caren Myers Morrison
Foreword: Criminal Justice Responses To The Economic Crisis, Caren Myers Morrison
Caren Myers Morrison
No abstract provided.
Negotiating Peremptory Challenges, Caren Morrison
Negotiating Peremptory Challenges, Caren Morrison
Caren Myers Morrison
Peremptory challenges enable litigants to remove otherwise qualified prospective jurors from the jury panel without any showing of cause, and accordingly are often exercised on the basis of race. In Batson v. Kentucky, the Supreme Court tried to remedy the most obvious abuses by requiring that strike proponents give a “race neutral” reason for the strike, and directing trial courts to assess the credibility of the explanation. But the Batson regime has proved spectacularly unsuccessful. It has not ended racial discrimination in jury selection, nor does it adequately safeguard the rights of the excluded jurors.
One of the reasons for …
Note, Encouraging Allocution At Capital Sentencing: A Proposal For Use Immunity, Caren Morrison
Note, Encouraging Allocution At Capital Sentencing: A Proposal For Use Immunity, Caren Morrison
Caren Myers Morrison
This Note considers the self-incrimination dilemma raised by a capital defendant's allocution statements at the sentencing phase of his trial. Allocution gives a defendant the opportunity to make a direct plea to the sentencing judge or jury. However, in a system where reversals are common, admissions made at sentencing in one trial may be used against the defendant at retrial, chilling the practice. After examining the origins of this country's bifurcated system of capital punishment and tracing the evolution of the common law right of allocution, the author contends that this ancient practice should assume a greater role in the …
Passwords, Profiles, And The Privilege Against Self-Incrimination: Facebook And The Fifth Amendment, Caren Morrison
Passwords, Profiles, And The Privilege Against Self-Incrimination: Facebook And The Fifth Amendment, Caren Morrison
Caren Myers Morrison
While Facebook has become ubiquitous in most people’s lives, it is also making increasingly frequent appearances in criminal cases. In the past few years, Facebook has emerged as a fertile source of incriminating information from boastful or careless defendants who find in Facebook a great way to project their outlaw persona to the world. But does the Fifth Amendment privilege against self-incrimination shield someone who has posted incriminating information on his Facebook page from being forced to disclose his password or provide access to his profile? While in most cases, Facebook information is public, in rare situations, a law enforcement …
Jury 2.0, Caren Myers Morrison
Jury 2.0, Caren Myers Morrison
Caren Myers Morrison
When the Framers drafted the Sixth Amendment and provided that the accused in a criminal case would have the right to a speedy and public trial by an “impartial jury,” it is unlikely that they imagined the members of that impartial jury becoming Facebook friends during deliberations, or Googling the defendant’s name during trial. But in the past few years, such cases have increasingly been making headlines. The impact of the Internet on the functioning of the jury has generated a lot of press, but has not yet attracted scholarly attention. This article is the first to focus legal discourse …
Jury 2.0, Caren Myers Morrison
Jury 2.0, Caren Myers Morrison
Caren Myers Morrison
When the Framers drafted the Sixth Amendment and provided that the accused in a criminal case would have the right to a speedy and public trial by an “impartial jury,” it is unlikely that they imagined the members of that impartial jury becoming Facebook friends during deliberations, or Googling a defendant’s name during trial. But in the past few years, such cases have increasingly been making headlines. The impact of the Internet on the functioning of the jury has generated a lot of press, but has not yet attracted scholarly attention. This article is the first to focus legal discourse …