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2007

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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 Aug 2007

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 …


V.44-3, 2007 Masthead Aug 2007

V.44-3, 2007 Masthead

San Diego Law Review

No abstract provided.


Introduction To The Third Criminal Procedure Discussion Forum, Russell L. Weaver Aug 2007

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 Aug 2007

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 Aug 2007

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 Aug 2007

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 Aug 2007

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 Aug 2007

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 Aug 2007

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 Aug 2007

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 Aug 2007

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 Aug 2007

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 Aug 2007

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 Aug 2007

Closing Remarks, Saúl Litvinoff

Louisiana Law Review

No abstract provided.


Author Index Aug 2007

Author Index

Louisiana Law Review

No abstract provided.


Table Of Cases Aug 2007

Table Of Cases

Louisiana Law Review

No abstract provided.


Statute Index Aug 2007

Statute Index

Louisiana Law Review

No abstract provided.


General Index Aug 2007

General Index

Louisiana Law Review

No abstract provided.


Contents Aug 2007

Contents

Louisiana Law Review

No abstract provided.


A Global Concept Of Justice - Dream Or Nightmare? Looking At Different Concepts Of Justice Or Righteousness Competing In Today's World, Stathis Banakas Aug 2007

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 Aug 2007

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. Aug 2007

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 Aug 2007

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 Aug 2007

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 Aug 2007

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 Aug 2007

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 Aug 2007

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 Aug 2007

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 Aug 2007

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 Aug 2007

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 …