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Articles 1 - 22 of 22
Full-Text Articles in Law
Modern Police Practices: Arizona V. Gant's Illusory Restriction Of Vehicle Searches Incident To Arrest, Seth W. Stoughton
Modern Police Practices: Arizona V. Gant's Illusory Restriction Of Vehicle Searches Incident To Arrest, Seth W. Stoughton
Faculty Publications
In 2009, the Supreme Court overturned thirty years of precedent with a decision that purported to dramatically cut back on the ability of law enforcement officers to conduct warrantless vehicle searches incident to the arrest of a vehicle occupant. Scholars and commentators celebrated Arizona v. Gant’s constraint of police, and subsequent scholarship has focused exclusively on peripheral concerns such as alternative justifications for warrantless searches and Gant’s effect on non-vehicle searches. This Note challenges the core assumption that Gant will substantially limit vehicle searches incident to arrest, contending that Gant is far more permissive than it appears. In most cases, …
Wrongful Conviction Claims Under Section 1983, Martin A. Schwartz, Robert W. Pratt Honorable
Wrongful Conviction Claims Under Section 1983, Martin A. Schwartz, Robert W. Pratt Honorable
Touro Law Review
No abstract provided.
Mitigating The Exploitation Of U.S. Borders By Jihadists And Criminal Organizations, Todd Steinmetz
Mitigating The Exploitation Of U.S. Borders By Jihadists And Criminal Organizations, Todd Steinmetz
Journal of Strategic Security
Following the events of September 11, 2001, the U.S. Government began improving security in large population centers and near potential highvalue terrorist targets. Included in these efforts was the development of a more robust border security program, with an emphasis on reducing the threat of terrorist infiltration at America's borders. However, nearly a decade after 9/11, terrorism and organized crime continue to pose significant threats to the United States. As many of these threats emanate from other nations, improved border security helps mitigate these threats. This article summarizes known terrorist activity along the U.S. northern and southern borders, and highlights …
"Small Boats, Weak States, Dirty Money: Piracy And Maritime Terrorism In The Modern World," Martin N. Murphy, (New York: Columbia University Press, 2009), Francis D. Bonadonna , Capt.
"Small Boats, Weak States, Dirty Money: Piracy And Maritime Terrorism In The Modern World," Martin N. Murphy, (New York: Columbia University Press, 2009), Francis D. Bonadonna , Capt.
Journal of Strategic Security
No abstract provided.
Wrongful Conviction Claims Under Section 1983, Martin A. Schwartz, Robert W. Pratt
Wrongful Conviction Claims Under Section 1983, Martin A. Schwartz, Robert W. Pratt
Martin A. Schwartz
No abstract provided.
Police Independence And The Military Police, Kent Roach
Police Independence And The Military Police, Kent Roach
Osgoode Hall Law Journal
This article examines police independence in the context of the military police. The author concludes that the independence of the military police to investigate both Criminal Code and Code of Service Discipline offences should be recognized as part of the unwritten constitutional principle associated with the rule of law and as a principle of fundamental justice under section 7 of the Charter. The author examines the increased recognition of the importance of police investigative independence since the Somalia Inquiry, including the recent expansion of the command authority of the Canadian Forces Provost Marshal over all military police. The relation between …
Streaming The International Silver Platter Doctrine: Coordinating Transnational Law Enforcement In The Age Of Global Terrorism And Technology, Caitlin T. Street
Streaming The International Silver Platter Doctrine: Coordinating Transnational Law Enforcement In The Age Of Global Terrorism And Technology, Caitlin T. Street
National Security Law Program
The dramatic expansion of technology and globalization over the last thirty years has not only facilitated transnational terrorist operations, but also has transformed the countermeasures utilized by law enforcement and amplified the need for counterterrorism coordination between foreign and domestic authorities. Crucially, these changes have altered the fourth amendment calculus, set out by the international silver platter doctrine, for admitting evidence seized in U.S.-foreign cooperative searches abroad. Under the international silver platter doctrine, courts admit the evidence gathered by foreign authorities abroad unless the unreasonable search is deemed a "joint venture" between U.S. and foreign authorities. Notably, the legal framework …
Women And Children Last: The Prosecution Of Sex Traffickers As Sex Offenders And The Need For A Sex Trafficker Registry, Geneva Brown
Women And Children Last: The Prosecution Of Sex Traffickers As Sex Offenders And The Need For A Sex Trafficker Registry, Geneva Brown
Law Faculty Publications
Sex trafficking is a moral and legal tragedy that affects thousands in the United States and abroad. The U.S. State Department estimates that human traffickers bring between 14,500 and 17,500 persons annually into the United States for various avenues of exploitation, including involuntary servitude and forced prostitution. Human traffickers are highly organized into criminal syndicates that reap exponential profits exploiting vulnerable women and children. Individual states struggle to prosecute traffickers and must rely on federal prosecution of trafficking enterprises. International cooperation with local law enforcement is essential in combating trafficking, especially in the sex trade. This Article proposes that an …
Tangled Up In Knots: How Continued Federal Jurisdiction Over Sexual Predators On Indian Reservations Hobbles Effective Law Enforcement To The Detriment Of Indian Women, Suzianne D. Painter-Thorne
Tangled Up In Knots: How Continued Federal Jurisdiction Over Sexual Predators On Indian Reservations Hobbles Effective Law Enforcement To The Detriment Of Indian Women, Suzianne D. Painter-Thorne
Suzianne D. Painter-Thorne
An Indian woman is two-and-a-half times more likely than any other American woman to be sexually assaulted in her lifetime. Nevertheless, because of a confusing tangle of jurisdictional rules, she is four times less likely to see her assailant arrested. She is even less likely to see him stand trial. Because jurisdiction over most sexual assaults is vested in the federal government, Indian tribes are not allowed to arrest or prosecute most of the suspects who commit sexual assaults on tribal lands. Consequently, tribal lands have become safe havens for sexual predators, who can commit their offenses with impunity and …
When The Child Abuser Has A Bible: Investigating Child Maltreatment Sanctioned Or Condoned By A Religious Leader, Basyle Tchividjian
When The Child Abuser Has A Bible: Investigating Child Maltreatment Sanctioned Or Condoned By A Religious Leader, Basyle Tchividjian
Basyle Tchividjian
In many cases of child sexual and physical abuse, perpetrators use religious or spiritual themes to justify their abuse of a child. Although no known religion in modern culture suggests that sexual abuse is condoned or taught as part of its tenets, some church leaders engage in conduct suggesting the child is equally, if not more to blame than the perpetrator, while also urging immediate reconciliation between the perpetrator and victim. In more than one case, pastors have asked children to confess their own “sins” in being sexually abused and have even required children to “confess” in front of an …
Tapping Into Police Conduct: The Improper Use Of Wiretapping Laws To Prosecute Citizens Who Record On-Duty Police , J. Peter Bodri
Tapping Into Police Conduct: The Improper Use Of Wiretapping Laws To Prosecute Citizens Who Record On-Duty Police , J. Peter Bodri
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Cloudy Privacy Protections: Why The Stored Communications Act Fails To Protect The Privacy Of Communications Stored In The Cloud, Ilana R. Kattan
Cloudy Privacy Protections: Why The Stored Communications Act Fails To Protect The Privacy Of Communications Stored In The Cloud, Ilana R. Kattan
Vanderbilt Journal of Entertainment & Technology Law
The advent of new communications technologies has generated debate over the applicability of the Fourth Amendment's warrant requirement to communications sent through, and stored in, technologies not anticipated by the Framers. In 1986, Congress responded to perceived gaps in the protections of the warrant requirement as applied to newer technologies, such as email, by passing the Stored Communications Act (SCA). As originally enacted, the SCA attempted to balance the interests of law enforcement against individual privacy rights by dictating the mechanisms by which the government could compel a particular service provider to disclose communications stored on behalf of its customers. …
The Double-Helix Double-Edged Sword: Comparing Dna Retention Policies Of The United States And The United Kingdom, Erica S. Deray
The Double-Helix Double-Edged Sword: Comparing Dna Retention Policies Of The United States And The United Kingdom, Erica S. Deray
Vanderbilt Journal of Transnational Law
Forensic scientists have used DNA profiling technologies to link suspects to crimes since Alec Jeffreys first proposed the idea in the 1970s. Recognizing the potential for using DNA databases to solve crimes and to prevent future crimes, England and Wales attempted to greatly expand its DNA database by allowing for the collection and indefinite retention of DNA profiles from arrestees. The European Court of Human Rights, however, issued a ruling in 2008 in the case of S. & Marper v. United Kingdom, advising the United Kingdom to restrict use of DNA profiles from arrestees and to establish time frames for …
Swimming Against The Tide: The Eighth Circuit Holds That Fleeing A Police Officer In A Motor Vehicle Is Not A Crime Of Violence, Nichole Walsch
Swimming Against The Tide: The Eighth Circuit Holds That Fleeing A Police Officer In A Motor Vehicle Is Not A Crime Of Violence, Nichole Walsch
Missouri Law Review
In 2009, the U.S. Court of Appeals for the Eighth Circuit held that the Minnesota offense of fleeing a peace officer in a motor vehicle is not a "crime of violence" for the purposes of the Federal Sentencing Guidelines. Under the Federal Sentencing Guidelines (Sentencing Guidelines), a crime of violence is defined as any state or federal offense "punishable by imprisonment for a term exceeding one year" that involves the use of physical force against another person or that "is burglary of a dwelling, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential …
Trade And Investment Treaties, The Rule Of Law, And Standards Of The Administration Of Justice, Alejandro M. Garro, Stephen J. Schnably, Pedro Martinez Fraga, David Abraham
Trade And Investment Treaties, The Rule Of Law, And Standards Of The Administration Of Justice, Alejandro M. Garro, Stephen J. Schnably, Pedro Martinez Fraga, David Abraham
University of Miami Inter-American Law Review
No abstract provided.
Dangerous Criminals, The Search For The Truth And Effective Law Enforcement: How The Supreme Court Overestimates The Social Costs Of The Exclusionary Rule, John P. Gross
Santa Clara Law Review
No abstract provided.
Hot Crimes: A Study In Excess, Steven P. Grossman
Hot Crimes: A Study In Excess, Steven P. Grossman
All Faculty Scholarship
Societies appear to be subject, every now and then, to periods of moral panic. . . . [I]ts nature is presented in a stylized and stereotypical fashion by the mass media; the moral barricades are manned by editors, bishops, politicians and other right thinking people; socially accredited experts pronounce their diagnoses and solutions; ways of coping are evolved or (more often) restored to; . . . sometimes the panic passes over and is forgotten . . . at other times it has more serious and long-lasting repercussions and might produce such as those in legal and social policy or even …
Wrongful Conviction Claims Under Section 1983, Martin A. Schwartz, Robert W. Pratt
Wrongful Conviction Claims Under Section 1983, Martin A. Schwartz, Robert W. Pratt
Scholarly Works
No abstract provided.
The Shocking Truth: Law Enforcement's Use And Abuse Of Tasers And The Need For Reform, Michelle E. Mcstravick
The Shocking Truth: Law Enforcement's Use And Abuse Of Tasers And The Need For Reform, Michelle E. Mcstravick
Villanova Law Review
No abstract provided.
Community Down: The Loss Of Sergeant Joe Bergeron, John Edward Helcl Ii
Community Down: The Loss Of Sergeant Joe Bergeron, John Edward Helcl Ii
All Graduate Theses, Dissertations, and Other Capstone Projects
What local government officials, administrators, and staff can expect and how to can help in the aftermath of a peace officer’s line-of-duty death within their community.
After Osama Bin Laden: Assassination, Terrorism, War, And International Law, Louis Rene Beres
After Osama Bin Laden: Assassination, Terrorism, War, And International Law, Louis Rene Beres
Case Western Reserve Journal of International Law
No abstract provided.
Understanding When And How Domestic Courts Apply Ihl, Laurie R. Blank
Understanding When And How Domestic Courts Apply Ihl, Laurie R. Blank
Case Western Reserve Journal of International Law
No abstract provided.