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Articles 1621 - 1650 of 10558
Full-Text Articles in Law
Justice Powell's Garden: The Ciraolo Dissent And Fourth Amendment Protection For Curtilage-Home Privacy, Catherine Hancock
Justice Powell's Garden: The Ciraolo Dissent And Fourth Amendment Protection For Curtilage-Home Privacy, Catherine Hancock
San Diego Law Review
It was not surprising that the majority opinion in Ciraolo provoked an impassioned dissent. The decision was unprecedented in sanctioning aerial surveillance as a police strategy for evading Fourth Amendment prohibitions of surveillance on the ground. The officers rented a plane because they did not have probable cause to obtain a warrant to enter and search the backyard, and because their attempts to peer into the yard were stymied by a tall fence. They could not crawl over the fence because that intrusion would violate the householder's protected expectation of privacy in his curtilage, the Fourth Amendment buffer zone of …
Introduction To The Third Criminal Procedure Discussion Forum, Russell L. Weaver
Introduction To The Third Criminal Procedure Discussion Forum, Russell L. Weaver
San Diego Law Review
The Third Criminal Procedure Discussion Forum was held at the University of Louisville's Brandeis School of Law on December 14, 2006. As with prior fora, the goal of this forum was to bring together a small group of prominent criminal procedure scholars to discuss matters of common interest. This year's forum focused on two topics: "confessions jurisprudence" and "the most underrated criminal procedure decision(s)."
The Supreme Court, Confessions, And Judicial Schizophrenia, Arnold H. Loewy
The Supreme Court, Confessions, And Judicial Schizophrenia, Arnold H. Loewy
San Diego Law Review
Schizophrenia literally means "split mind." Consequently, it should not be too surprising that the United States Supreme Court, which is a theoretically continuing body with nine ever-changing minds, would say things in one year that seem schizophrenic when contrasted with last year's jurisprudence. Unfortunately, many of the inconsistent statements remain good law, and the result largely depends on which doctrine the Court chooses to trot out. In this essay, four such statements and the extent that each should be taken will seriously be examined.
Miranda At Forty, Russell L. Weaver
Miranda At Forty, Russell L. Weaver
San Diego Law Review
In some respects, the Miranda decision was relatively uncontroversial because the Court did little more than require the police to inform suspects of their rights and prescribe procedures for the waiver of those rights. But Miranda's holding was not inevitable. In the Court's later decision in Schneckloth v. Bustamonte, the Court held that suspects can consent to searches of their persons or property even though they have not been informed that they have a Fourth Amendment right to refuse consent. A critic of Schneckloth might legitimately question how suspects can validly waive Fourth Amendment rights that they do not know …
Interrogating Terrorists: From Miranda Warnings To "Enhanced Interrogation Techniques", Ronald J. Rychlak
Interrogating Terrorists: From Miranda Warnings To "Enhanced Interrogation Techniques", Ronald J. Rychlak
San Diego Law Review
An American citizen arrested within the United States would certainly have the right not to incriminate himself. A foreign national arrested outside of the U.S. would presumably not be protected. Other scenarios present more difficult issues. American courts, therefore, have to determine whether the Fifth Amendment's privilege against self-incrimination applies to non-American citizens, and whether an American police or military agent conducting an investigation abroad must provide some type of warnings before conducting an interrogation. The initial question would seem to be whether terrorist suspects are even entitled to the right protected by Miranda - the right not to incriminate …
Privacy As Struggle, Andrew R. Taslitz
Privacy As Struggle, Andrew R. Taslitz
San Diego Law Review
The title of this short essay is "Privacy as Struggle," a title meant in part to capture the Court's requirement of superhuman individual efforts to attain secrecy, that is, totally veiling one's activities from the state's prying eyes as an essential prerequisite to the existence of privacy, all too often at the expense of human relationships, interpersonal trust, and political voice. I want, therefore, to paint an apocalyptic vision of the Court's Fourth Amendment privacy jurisprudence, as the reader will no doubt have noticed I have already done in connection with my reading of Hoffa. I want to do so …
Toward A More Robust Right To Counsel Of Choice, Janet C. Hoeffel
Toward A More Robust Right To Counsel Of Choice, Janet C. Hoeffel
San Diego Law Review
This Article takes its lead from the core principles of the right to counsel of choice expressed in Gonzalez-Lopez. These principles indicate that the right should include an indigent defendant's right to continue an attorney-client relationship established at some point in the past, and that, for both nonindigent and indigent defendants, the right to continue a trial with counsel of choice must be honored by trial courts unless it would be unethical or manifestly unjust to do so. This means that trial courts must almost always grant a continuance to accommodate that choice and could rarely deny such a request …
Smith V. Hooey: Underrated But Unfulfilled, Leslie W. Abramson
Smith V. Hooey: Underrated But Unfulfilled, Leslie W. Abramson
San Diego Law Review
The Sixth Amendment right to a speedy trial applies to prosecutions in the federal courts and to state prosecutions through the Fourteenth Amendment Due Process Clause. This constitutional right is probably the least favorite of the Bill of Rights, because it would satisfy most defendants if the government never - promptly or otherwise - disposed of their pending charges. One group of persons, though, who may regard the right to a speedy trial as important are convicted defendants currently serving sentences, but who have pending charges brought against them by other states or the federal government. For them, denying the …
International Criminal Jurisdiction In The Twenty First Century: Rediscovering United States V. Bowman, Ellen S. Podgor, Daniel M. Filler
International Criminal Jurisdiction In The Twenty First Century: Rediscovering United States V. Bowman, Ellen S. Podgor, Daniel M. Filler
San Diego Law Review
In Part I of this Article, we provide a description of the facts and holding of United States v. Bowman. In Part II, we describe the ways in which lower courts have interpreted this decision. We point to various cases citing Bowman and show how these courts give exceedingly broad application to the holding - far broader application than the opinion warrants. Finally, in Part III, we discuss the ways in which the courts should read Bowman and demonstrate how this more accurate reading of the Court's decision is consistent with the realities of twenty-first century global economies. In doing …
Striking A Balance In Unlawfully Obtained Confession Cases: United Kingdom Pragmatism Against Principle, Jenny Mcewan
Striking A Balance In Unlawfully Obtained Confession Cases: United Kingdom Pragmatism Against Principle, Jenny Mcewan
San Diego Law Review
In Part I of this Article, we provide a description of the facts and holding of United States v. Bowman. In Part II, we describe the ways in which lower courts have interpreted this decision. We point to various cases citing Bowman and show how these courts give exceedingly broad application to the holding - broader application than the opinion warrants. Finally, in Part III, we discuss the ways in which the courts should read Bowman and demonstrate how this more accurate reading of the Court's decision is consistent with the realities of twenty-first century global economies. In doing so, …
Lenders And Consumers Continue The Search For The Truth In Lending Under The Truth In Lending Act And Regulation Z, Elwin Griffith
Lenders And Consumers Continue The Search For The Truth In Lending Under The Truth In Lending Act And Regulation Z, Elwin Griffith
San Diego Law Review
The Truth in Lending Act (TILA) was passed by congress to make sure that when lending money the consumer was aware of all of the elements, including the existence of other lending companies. As a result of TILA, Regulation Z was promulgated by the Federal Reserve Board to enact the elements of TILA. However both TILA and Regulation Z has exceptions that lenders can try to meet the requirements for. The exceptions allow lenders to exclude certain charges from the finance charge which is composed of, or at least supposed to be composed of, any charge that you need to …
Keeping It Private, Maimon Schwarzschild
Keeping It Private, Maimon Schwarzschild
San Diego Law Review
Public law adjudication has grown dramatically in recent decades in many English-speaking countries. In the United States, and increasingly in other countries where it used to be rare for public questions to be decided in court, controversial questions of public policy are tried as constitutional or human rights issues and decided by court order. But in other areas of law - in everyday tort, contract, and property cases - court decisions are typically much less dramatic and seldom if ever announce controversial innovations in public policy. Yet in private law cases too there are implicit questions of social justice. In …
Closing Remarks, Saúl Litvinoff
A Global Concept Of Justice - Dream Or Nightmare? Looking At Different Concepts Of Justice Or Righteousness Competing In Today's World, Stathis Banakas
A Global Concept Of Justice - Dream Or Nightmare? Looking At Different Concepts Of Justice Or Righteousness Competing In Today's World, Stathis Banakas
Louisiana Law Review
No abstract provided.
What Kind Of Law Making In A Global World? The Case Of Africa, Jacques Vanderlinden
What Kind Of Law Making In A Global World? The Case Of Africa, Jacques Vanderlinden
Louisiana Law Review
No abstract provided.
Challenges In Law Making In Mass Societies, Geoffrey C. Hazard Jr.
Challenges In Law Making In Mass Societies, Geoffrey C. Hazard Jr.
Louisiana Law Review
No abstract provided.
Unitary Law Re-Form, Pluralistic Law Re-Substance: Illuminating Legal Change, Roderick A. Macdonald
Unitary Law Re-Form, Pluralistic Law Re-Substance: Illuminating Legal Change, Roderick A. Macdonald
Louisiana Law Review
No abstract provided.
Law Making In The European Union: On Globalization And Contract Law In Divergent Legal Cultures, Jan M. Smits
Law Making In The European Union: On Globalization And Contract Law In Divergent Legal Cultures, Jan M. Smits
Louisiana Law Review
No abstract provided.
A Cross-Atlantic Dialog On Experimental Use And Research Tools, Joshua Sarnoff, Henrik Holzapfel
A Cross-Atlantic Dialog On Experimental Use And Research Tools, Joshua Sarnoff, Henrik Holzapfel
College of Law Faculty
In Merck KGaA v. Integra LifeSciences I Ltd., the U.S. Supreme Court adopted a broad construction of the regulatory approval exception to patent law infringement, 35 U.S.C. § 271(e)(1), for experiments conducted at early stages of the pharmaceutical development process. But the Court refused to determine whether that exception applies to patented “research tools,” and failed to address the relationship of that exception to the historic experimental use exception. The U.S. Court of Appeals for the Federal Circuit has narrowly construed the experimental use exception, but also refused in its recent decision on remand in Merck to resolve these questions, …
Bilcare, Ksr, Presumptions Of Validity, Preliminary Relief, And Obviousness In Patent Law, Joshua Sarnoff
Bilcare, Ksr, Presumptions Of Validity, Preliminary Relief, And Obviousness In Patent Law, Joshua Sarnoff
College of Law Faculty
In Bilcare Ltd. v. M/S The Supreme Industries Ltd., the Delhi High Court affirmed a lower court order vacating ex parte injunctions against an alleged infringer of a patent, rejecting arguments that the patent should be presumed valid even though the patent was the subject of opposition proceedings. In KSR International, Inc. v. Teleflex Co., the U.S. Supreme Court reversed the U.S. Court of Appeals for the Federal Circuit’s long-standing interpretation of Section 103 of the Patent Act, i.e., that a challenger seeking to prove invalidity must demonstrate a teaching, suggestion, or motivation to combine prior art references. These cases …
Professionals Or Politicians: The Uncertain Empirical Case For An Elected Rather Than Appointed Judiciary, Eric A. Posner, G. Mitu Gulati, Stephen J. Choi
Professionals Or Politicians: The Uncertain Empirical Case For An Elected Rather Than Appointed Judiciary, Eric A. Posner, G. Mitu Gulati, Stephen J. Choi
Coase-Sandor Institute for Law & Economics Research Paper Series
Although federal judges are appointed with life tenure, most state judges are elected for short terms. Conventional wisdom holds that appointed judges are superior to elected judges because appointed judges are less vulnerable to political pressure. However, there is little empirical evidence for this view. Using a dataset of state high court opinions, we construct objective measures for three aspects of judicial performance: effort, skill and independence. The measures permit a test of the relationship between performance and the four primary methods of state high court judge selection: partisan election, non-partisan election, merit plan, and appointment. The empirical results do …
A Welfarist Approach To Disabilities, David A. Weisbach
A Welfarist Approach To Disabilities, David A. Weisbach
Coase-Sandor Institute for Law & Economics Research Paper Series
This paper uses the tools of optimal tax theory to examine policy toward individuals with disabilities from a welfarist perspective. Policy toward the disabled depends on how a given disability affects welfare. Under reasonable assumptions, redistribution toward individuals with disabilities is desirable, but the extent and form depends on a variety of factors. If disabilities are observable, adjustments to the income tax schedule should be preferred. If disabilities are not observable, commodity taxes or in-kind provision of certain goods (such as accommodations) may be desirable to solve screening problems. In this case, inefficient over-supply of these goods is likely to …
Climate Change Justice, Cass R. Sunstein, Eric A. Posner
Climate Change Justice, Cass R. Sunstein, Eric A. Posner
Coase-Sandor Institute for Law & Economics Research Paper Series
Greenhouse gas reductions would cost some nations much more than others, and benefit some nations far less than others. Significant reductions would impose especially large costs on the United States, and recent projections suggest that the United States has relatively less to lose from climate change. In these circumstances, what does justice require the United States to do? Many people believe that the United States is required to reduce its greenhouse gas emissions beyond the point that is justified by its own self-interest, simply because the United States is wealthy, and because the nations most at risk from climate change …
From Seduction To Copulation: How Child Molesters Negotiate The Contingencies Of Child Sexual Abuse, Danielle Katrina Schiller
From Seduction To Copulation: How Child Molesters Negotiate The Contingencies Of Child Sexual Abuse, Danielle Katrina Schiller
All-Inclusive List of Electronic Theses and Dissertations
Research has focused primarily on the psyche of individual child molesters in order to create better treatment regimens and prevention strategies. However, the extant research neglects to provide an in-depth analysis of what child molesters do and how they do it. This paper examines the seduction process child molesters use to gain access to victims, manipulate the adult community, and create a safe environment to molest. Twenty-one male child molesters were selected from several accredited publications throughout the past twenty years. Through the use of grounded theory, a set of qualitative descriptions revealed common post- and pre-offense behaviors. The behaviors …