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Articles 2041 - 2070 of 12064
Full-Text Articles in Criminal Procedure
"If You Die, That's On You": The Persistence Of Inhumane Conditions At Cook County Jail, Leanna Nichols
"If You Die, That's On You": The Persistence Of Inhumane Conditions At Cook County Jail, Leanna Nichols
Public Interest Law Reporter
No abstract provided.
United States V. Rahimi: A Closer Look At The Implications For Domestic Abuse Victims, Dani Scudder
United States V. Rahimi: A Closer Look At The Implications For Domestic Abuse Victims, Dani Scudder
Public Interest Law Reporter
No abstract provided.
Stop Cop City: The Expanding Reach Of The Racketeer Influenced And Corrupt Organizations Act's Threat To First Amendment Protected Activism, Elizabeth Stamper
Stop Cop City: The Expanding Reach Of The Racketeer Influenced And Corrupt Organizations Act's Threat To First Amendment Protected Activism, Elizabeth Stamper
Public Interest Law Reporter
No abstract provided.
"No Evictions" Policies: Evaluating The Disparate Impact Of Auto-Rejection On Black Women, Mehreen Tariq
"No Evictions" Policies: Evaluating The Disparate Impact Of Auto-Rejection On Black Women, Mehreen Tariq
Public Interest Law Reporter
No abstract provided.
Looking Inward: Building A Restorative Legal Aid Agency, Andy Froelich
Looking Inward: Building A Restorative Legal Aid Agency, Andy Froelich
Public Interest Law Reporter
No abstract provided.
“If You Build It, They Will Come”: Reverse Location Searches, Data Collection, And The Fourth Amendment, Matthew L. Brock
“If You Build It, They Will Come”: Reverse Location Searches, Data Collection, And The Fourth Amendment, Matthew L. Brock
Law Student Publications
On January 6, 2021, the world looked on, stunned, as thousands of rioters stormed the U.S. Capitol on live television in support of then-President Donald Trump. In the days and weeks that followed, federal law enforcement scrambled to identify those involved in the attack, in what has become the largest criminal investigation in American history. Whereas even 20 years prior it would have been difficult to identify those involved, as of February 2023, more than 950 people have been identified and charged in relation to the January 6th Capitol attack. Many of these individuals were identified using a wide array …
The Expected Risks And Exacerbations Of Poverty, Mental Health Disorders, And Maternal Mortality From Abortion Bans: A Comparative Literature Analysis, Daniel J. Francisco
The Expected Risks And Exacerbations Of Poverty, Mental Health Disorders, And Maternal Mortality From Abortion Bans: A Comparative Literature Analysis, Daniel J. Francisco
All Master's Theses
Background. Early termination of a pregnancy (hereinafter referred to as an “abortion”) has been debated in the United States (U.S.) for decades, without much regard to the negative outcomes that forced pregnancies have for those assigned female at birth regarding poverty, mental health and maternal mortality. In 1973, access to safe abortions was protected so long that the procedure was done within the legal gestational period and/or was necessary for the health and safety of the patient (Blackmun, 1972). Unfortunately, in 2022, the Supreme Court took that protection away and made it legal for states to determine the reproductive rights …
Search And Seizure Budgets, Kiel Brennan-Marquez, Stephen E. Henderson
Search And Seizure Budgets, Kiel Brennan-Marquez, Stephen E. Henderson
Faculty Articles
This article proposes a new means of restraining police power: quantitative limits on the number of law enforcement intrusions—searches and seizures—that may occur over a given period of time. Like monetary constraints, search and seizure budgets would aim to curb abusive policing and improve democratic oversight. But unlike their monetary counterparts, budgets would be indexed directly to the specific police activities that most enable escalation and abuse. What is more, budgets are a tool that finds support, conceptually, in the American framing experience. The Fourth Amendment has long been understood to require procedural limits, such as probable cause, on specific …
To Protect And Serve California's Children: Mitigating Police Coercion Of Minors Through California's New Attorney Consultation Mandate, Lila Garlinghouse
To Protect And Serve California's Children: Mitigating Police Coercion Of Minors Through California's New Attorney Consultation Mandate, Lila Garlinghouse
University of San Francisco Law Review
No abstract provided.
The Great Effacement: New Zealand's Silencing On The 2019 Mosque Shooter, J.C. Oleson
The Great Effacement: New Zealand's Silencing On The 2019 Mosque Shooter, J.C. Oleson
University of San Francisco Law Review
No abstract provided.
Safeguarding The Alford Plea: Minimizing State-Sanctioned Wrongful Convictions, Zana Molina
Safeguarding The Alford Plea: Minimizing State-Sanctioned Wrongful Convictions, Zana Molina
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Deconstructing Dog Sniffs At Traffic Stops, Andrea J. Garland
Deconstructing Dog Sniffs At Traffic Stops, Andrea J. Garland
Marquette Law Review
Trial courts often uphold searches of cars at traffic stops when the grounds for the search are that a drug dog established probable cause to think that the vehicle was involved in a drug crime. Traditionally, courts have not considered the sniffs to be searches. The United States Supreme Court has relied on two presumptions to uphold searches based on dog sniffs. These are (1) the dog is trained to only signal the presence of the scent of contraband; and (2) the dog does not physically occupy the vehicle but simply walks around the vehicle.
Crime Analysis And Its Applications Throughout Different Countries And Systems, Derek Blanc
Crime Analysis And Its Applications Throughout Different Countries And Systems, Derek Blanc
Williams Honors College, Honors Research Projects
Crime analysis plays a vital role in policing and maintaining law and order throughout many countries around the globe. The application and uses of crime analysis can vary greatly not only worldwide, but also between local police agencies as well. Many factors, including resources that are available, as well as funding and the legal frameworks in place can all affect how crime analysis is used and operated. This paper will provide a deeper understanding of how the criminal justice system has evolved into the way it is today, as well as how crime analysis was developed. In addition, the paper …
Know Thyself - Embracing The Ambiguity Of War By Other Means, Anne Leslie
Know Thyself - Embracing The Ambiguity Of War By Other Means, Anne Leslie
Cardozo Journal of Conflict Resolution
On paper, nothing predestined me for a career in cybersecurity. Much in the same way as nothing on paper predestined me for being involved in a multinational effort like Project Seshat to study and respond to the rising threats of 'hybrid warfare' and 'gray zone conflict', or to give a keynote address at the Cardozo Journal of Conflict Resolution Melnick Symposium themed "Negotiation Strategies for War by Other Means."
Improving New York City's Covid-19 Vaccine Mandate For Public Sector Workers: A Collaborative Framework For Labor-Management Relations In High Impact Circumstances, Chelsea Hill
Cardozo Journal of Conflict Resolution
No abstract provided.
Beyond Problem-Solving Courts, Erin R. Collins
Beyond Problem-Solving Courts, Erin R. Collins
Cardozo Journal of Conflict Resolution
Problem-solving courts were borne out of well-meaning experimentalist spirit, a spirit that is very much in line with the vision of this Symposium on the multi-door criminal courthouse. These courts, which include drug courts, mental health courts, veterans' courts, and many other specialized criminal courts, were created as a way to close one door to the criminal courthouse-the so-called "revolving door" that appeared to bring some people accused of crimes back into court as soon as they exited. Problem-solving court judges sought to open a different door for some of those who entered their courtrooms, a door that they hoped …
Plea Bargaining In Homicide Cases: An Empirical Exploration In One State, Michael O'Hear, Darren Wheelock
Plea Bargaining In Homicide Cases: An Empirical Exploration In One State, Michael O'Hear, Darren Wheelock
Cardozo Journal of Conflict Resolution
No abstract provided.
Pacifying Professional Negligence Disputes - The Prospective Path For Mediation Within The Psilocybin Industry, Miranda Sapoznik
Pacifying Professional Negligence Disputes - The Prospective Path For Mediation Within The Psilocybin Industry, Miranda Sapoznik
Cardozo Journal of Conflict Resolution
No abstract provided.
Corporate Governance And Gender Equality: A Study Of Comply-Or-Explain Disclosure Regulation, Aaron A. Dhir, Sarah Kaplan, Maria Arabella Robles
Corporate Governance And Gender Equality: A Study Of Comply-Or-Explain Disclosure Regulation, Aaron A. Dhir, Sarah Kaplan, Maria Arabella Robles
Seattle University Law Review
In 2020, the Nasdaq Stock Market filed a proposal with the U.S. Securities and Exchange Commission seeking permission to adopt a board diversity-related disclosure requirement for its listed companies. In 2021, the SEC approved the proposal, thus entrenching Nasdaq’s position as the most significant stock exchange to date to mandate listing rules that reflect the intention of diversifying corporate boardrooms. Nasdaq’s movement into the diversity space is not the first attempt to address homogeneous boards in the U.S. In 2009, the SEC adopted a rule requiring publicly traded firms to report on whether they consider diversity in identifying director nominees. …
Judicial Ethics And The Eradication Of Racism, Dontay Proctor-Mills
Judicial Ethics And The Eradication Of Racism, Dontay Proctor-Mills
Seattle University Law Review
In 2020, the Washington Supreme Court entrusted the legal community with working to eradicate racism from its legal system. Soon after, Washington’s Commission on Judicial Conduct (hereinafter the Commission) received a complaint about a bus ad for North Seattle College featuring King County Superior Court Judge David Keenan. Along with a photo of Judge Keenan’s face, the ad included the following language: “A Superior Court Judge, David Keenan got into law in part to advocate for marginalized communities. David’s changing the world. He started at North.” The Commission admonished Judge Keenan for violating the Code of Judicial Conduct, in part …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Why Corporate Boards Should Include Lgbtq+ People, Jeremy Mcclane, Darren Rosenblum
Why Corporate Boards Should Include Lgbtq+ People, Jeremy Mcclane, Darren Rosenblum
Seattle University Law Review
Corporate boardrooms sit at the heart of most of society’s most consequential decisions but fall far short of the diversity of our society. The current movement toward board diversification aims to remedy the underrepresentation of marginalized groups on corporate boards. More recently, some efforts have included LGBTQ+ people, even though the basis for their inclusion on corporate boards remains largely unstated. This Article examines both the normative and instrumental bases for LGBTQ+ inclusion in board diversity initiatives, articulating unspoken assumptions and linking LGBTQ+ people to the broader inclusion effort. In so doing, it begins to surface the unique issues LGBTQ+ …
“Progressive” Prosecutors And “Proper” Punishments, Benjamin Levin
“Progressive” Prosecutors And “Proper” Punishments, Benjamin Levin
Scholarship@WashULaw
After decades of relative inattention to prosecutorial elections, academics and activists recently have focused on “progressive prosecutors” as a promising avenue for criminal justice reform. That said, the growing literature on progressive prosecutors reflects little clarity about what makes a prosecutor “progressive.” Recent campaigns suggest disparate visions of how to operationalize “progressive prosecution.” In this chapter, I describe four ideal types of progressive prosecutor: (1) the progressive who prosecutes, (2) the proceduralist prosecutor, (3) the prosecutorial progressive, and (4) the anti-carceral prosecutor. Looking to sentencing policy as a case study, I examine how these different ideal types illustrate different visions …
Prosecuting The Crisis, Benjamin Levin
Prosecuting The Crisis, Benjamin Levin
Scholarship@WashULaw
Over the past decade, activists and academics have celebrated the rise of the so-called “progressive prosecutor” movement. District attorney candidates—often former public defenders or civil rights lawyers—have promised to use prosecutorial discretion to address the injustices of the criminal system. A proliferation of such campaigns, and the electoral successes of some of these candidates have raised questions about progressive prosecution: what does it actually mean to be a progressive prosecutor? Does progressive prosecution work? Do progressive candidates follow through on campaign promises? And, how enthusiastic should defense attorneys, reformers, and critics of the carceral state be about progressive prosecution? The …
Constitutional Losses And (Some) Statutory Wins For Criminal Defendants: Select Criminal Law And Procedure Cases From The Supreme Court's 2022-2023 Term., Eve Brensike Primus, Mark Rucci
Constitutional Losses And (Some) Statutory Wins For Criminal Defendants: Select Criminal Law And Procedure Cases From The Supreme Court's 2022-2023 Term., Eve Brensike Primus, Mark Rucci
Articles
The Supreme Court’s 2022–23 Term included a number of important statutory interpretation rulings, as well as significant cases concerning the scope of the Confrontation Clause; the Venue, Vicinage, and Double Jeopardy Clauses; the federal courts’ ability to entertain claims of legal innocence; and the contours of the adequate and independent state ground doctrine. It also was the first term for Justice Ketanji Brown Jackson—the first former public defender and first Black woman to join the centuries-old institution. Although Justice Jackson joined a Court ruptured along ideological lines and confronting serious challenges to its legitimacy and ethical standards, she quickly proved …
America Is Watching, But Are They Listening?, Nancy Kartos
America Is Watching, But Are They Listening?, Nancy Kartos
Cardozo Arts & Entertainment Law Journal
The note examines the persistent issue of violence against Black people, particularly at the hands of police, and how social media has become a significant factor in hindering accountability. It draws historical parallels between past racial violence, such as lynchings during the Jim Crow era, and contemporary police brutality, highlighting how social media amplifies yet polarizes public discourse. The analysis critiques the legal system's failure to hold police accountable, with a focus on the doctrine of qualified immunity, and explores how political polarization exacerbates the problem. The note ultimately argues that without addressing these systemic and technological challenges, meaningful reform …
Reconsidering A Private Right Of Action Under Vawa: How The Media Portrays Violence Against Women And Its Effect On Commerce Clause Jurisprudence, Lauren Chamberlin
Reconsidering A Private Right Of Action Under Vawa: How The Media Portrays Violence Against Women And Its Effect On Commerce Clause Jurisprudence, Lauren Chamberlin
Cardozo Arts & Entertainment Law Journal
The note argues that the Violence Against Women Act's (VAWA) private right of action was a valid exercise of Congress's Commerce Clause powers, contrary to the Supreme Court's ruling in United States v. Morrison. It contends that gender-based violence substantially affects interstate commerce and that the Court's decision was influenced by outdated perceptions of such violence as a private matter. The article advocates for the reenactment of the private right of action, emphasizing the need for Congress, the courts, and the states to address the economic and societal impacts of gender-based violence.
Making Justice Available For Victims Of Sexual Misconduct Within The Prison System, Emma L. Bruder
Making Justice Available For Victims Of Sexual Misconduct Within The Prison System, Emma L. Bruder
Cardozo Journal of Equal Rights & Social Justice
The note advocates for amending the Prison Rape Elimination Act (PREA) to include a private cause of action, enabling survivors of sexual misconduct in confinement to seek judicial remedies. This amendment would enforce their Eighth Amendment rights and address the limitations imposed by the Prison Litigation Reform Act (PLRA), which hinders access to justice for incarcerated individuals.
Mute Eloquence: A Gallery Of Contracting Emojis, Courtney Leon
Mute Eloquence: A Gallery Of Contracting Emojis, Courtney Leon
Cardozo Arts & Entertainment Law Journal
The increasing use of emojis in electronic communications, exacerbated by the COVID-19 pandemic, has introduced complexity into contract law due to the lack of standardized interpretation. Courts are encountering disputes over emoji meanings, highlighting the need for a uniform framework. The proposed Emoji Codebook aims to address this by categorizing emojis and providing consistent interpretations, aligning with existing laws like the UCC and E-SIGN Act to facilitate clearer contract formation and mitigate misunderstandings.
Plea Bargains: Efficient Or Unjust?, Jeffrey Bellin, Erin Blondel, John Flynn, Elana Fogel, Anjelica Hendricks, Carissa Byrne Hessick
Plea Bargains: Efficient Or Unjust?, Jeffrey Bellin, Erin Blondel, John Flynn, Elana Fogel, Anjelica Hendricks, Carissa Byrne Hessick
Faculty Publications
The vast majority of state and federal cases end in plea bargains. The practice has eased backlogs and may benefit some defendants — but the trade-offs, some say, are too steep. Is there a better way?