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Articles 241 - 270 of 426
Full-Text Articles in Fourteenth Amendment
The Inverse Relationship Between The Constitutionality And Effectiveness Of New York City "Stop And Frisk", Jeffrey Bellin
The Inverse Relationship Between The Constitutionality And Effectiveness Of New York City "Stop And Frisk", Jeffrey Bellin
Faculty Publications
New York City sits at the epicenter of an extraordinary criminal justice phenomenon. While employing aggressive policing tactics, such as “stop and frisk,” on an unprecedented scale, the City dramatically reduced both violent crime and incarceration – with the connections between these developments (if any) hotly disputed. Further clouding the picture, in August 2013, a federal district court ruled the City’s heavy reliance on “stop and frisk” unconstitutional. Popular and academic commentary generally highlights isolated pieces of this complex story, constructing an incomplete vision of the lessons to be drawn from the New York experience. This Article brings together all …
A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware
A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware
Georgia Journal of International & Comparative Law
No abstract provided.
Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman
Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman
Touro Law Review
No abstract provided.
Futility Of Exhaustion: Why Brady Claims Should Trump Federal Exhaustion Requirements, Tiffany R. Murphy
Futility Of Exhaustion: Why Brady Claims Should Trump Federal Exhaustion Requirements, Tiffany R. Murphy
University of Michigan Journal of Law Reform
A defendant’s Fourteenth Amendment due process rights are violated when a state agency fails to disclose crucial exculpatory or impeachment evidence — so-called Brady violations. When this happens, the defendant should be provided the means not only to locate this evidence, but also to fully develop it in state post-conviction processes. When the state system prohibits both the means and legal mechanism to develop Brady claims, the defendant should be immune to any procedural penalties in either state or federal court. In other words, the defendant should not be required to return to state court to exhaust such a claim. …
Solitary Confinement, Public Safety, And Recdivism, Shira E. Gordon
Solitary Confinement, Public Safety, And Recdivism, Shira E. Gordon
University of Michigan Journal of Law Reform
As of 2005, about 80,000 prisoners were housed in solitary confinement in jails and in state and federal prisons in the United States. Prisoners in solitary confinement are generally housed in a cell for twenty-two to twenty-four hours a day with little human contact or interaction. The number of prisoners held in solitary confinement increased 40 percent between 1995 and 2000, in comparison to the growth in the total prison population of 28 percent. Concurrently, the duration of time that prisoners spend in solitary confinement also increased: nationally, most prisoners in solitary confinement spend more than five years there. The …
Provisional Arrest And Incarceration In The International Criminal Tribunals, Melinda Taylor, Charles C. Jalloh
Provisional Arrest And Incarceration In The International Criminal Tribunals, Melinda Taylor, Charles C. Jalloh
Articles
This article examines the widely ignored but important issue regarding the provisional arrest and detention of persons suspected of having committed international crimes by international or internationalized courts. The paper examines the pioneer case law and practice of the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda, the Extraordinary Chambers in the Courts of Cambodia, and the Special Tribunal for Lebanon, as well as the emerging practice of the permanent International Criminal Court, to evaluate how these courts have generally addressed the rights of these individuals to due process and freedom from arbitrary arrest and detention before …
Substance And Method In The Year 2000, Akhil Reed Amar
Substance And Method In The Year 2000, Akhil Reed Amar
Pepperdine Law Review
No abstract provided.
Municipal Liability And Liability Of Supervisors: Litigation Significance Of Recent Trends And Developments, Karen Blum, Celeste Koeleveld, Joel B. Rudin, Martin A. Schwartz
Municipal Liability And Liability Of Supervisors: Litigation Significance Of Recent Trends And Developments, Karen Blum, Celeste Koeleveld, Joel B. Rudin, Martin A. Schwartz
Touro Law Review
"The purpose of this presentation is to examine two recent Supreme Court decisions, Connick v. Thompson and Ashcroft v. Iqbal with an eye to their impact on how lower federal courts will assess such claims in the wake of new constraints imposed by these cases. The focus of the discussion will be on developments in single-incident liability cases after Connick and supervisory liability claims after Iqbal."
Race And Selective Enforcement In Public Housing, Jeffrey Fagan, Garth Davies, Adam Carlis
Race And Selective Enforcement In Public Housing, Jeffrey Fagan, Garth Davies, Adam Carlis
Faculty Scholarship
Drugs, crime and public housing are closely linked in policy and politics, and their nexus has animated several intensive drug enforcement programs targeted at public housing residents. In New York City, police systematically conduct “vertical patrols” in public housing buildings, making tens of thousands of Terry stops each year. During these patrols, both uniformed and undercover officers systematically move through the buildings, temporarily detaining and questioning residents and visitors, often at a low threshold of suspicion, and usually alleging trespass to justify the stop. We use a case-control design to identify the effects of living in one of New York …
Gps Monitoring May Cause Orwell To Turn In His Grave, But Will It Escape Constitutional Challenges? A Look At Gps Monitoring Of Domestic Violence Offenders In Illinois, 43 J. Marshall L. Rev. 845 (2010), Mary Ann Scholl
UIC Law Review
No abstract provided.
Felon Disenfranchisement As A Legitimate State Regulation, Boyoung Kang
Felon Disenfranchisement As A Legitimate State Regulation, Boyoung Kang
Journal of Race, Gender, and Ethnicity
No abstract provided.
Humphries V. Ozmint No. 03-14, 2005 Wl 267962, At *1 (4th Cir. Feb. 4, 2005)
Humphries V. Ozmint No. 03-14, 2005 Wl 267962, At *1 (4th Cir. Feb. 4, 2005)
Capital Defense Journal
No abstract provided.
"Can I See Your Papers?" Local Police Enforcement Of Federal Immigration Law Post 9/11 And Asian American Permanent Foreignness, Mohar Ray
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Richmond V. Polk 375 F.3d 309 (4th Cir. 2004)
Richmond V. Polk 375 F.3d 309 (4th Cir. 2004)
Capital Defense Journal
No abstract provided.
Wilson V. Ozmint 352 F.3d 847 (4th Cir. 2003)
Wilson V. Ozmint 352 F.3d 847 (4th Cir. 2003)
Capital Defense Journal
No abstract provided.
Palmer V. Clarke 293 F. Supp. 2d 1011 (D. Neb. 2003)
Palmer V. Clarke 293 F. Supp. 2d 1011 (D. Neb. 2003)
Capital Defense Journal
No abstract provided.
Prejudiced By The Presence Of God: Keeping Religious Material Out Of Death Penalty Deliberations, Terrence T. Egland
Prejudiced By The Presence Of God: Keeping Religious Material Out Of Death Penalty Deliberations, Terrence T. Egland
Capital Defense Journal
No abstract provided.
Lovitt V. Warden 585 S.E.2d 801 (Va. 2003)
Lovitt V. Warden 585 S.E.2d 801 (Va. 2003)
Capital Defense Journal
No abstract provided.
Brown V. Luebbers 344 F.3d 770 (8th Cir. 2003)
Brown V. Luebbers 344 F.3d 770 (8th Cir. 2003)
Capital Defense Journal
No abstract provided.
A Prisoner's Right To Transsexual Therapies: A Look At Brooks V. Berg, Linda D. Chin
A Prisoner's Right To Transsexual Therapies: A Look At Brooks V. Berg, Linda D. Chin
Cardozo Journal of Equal Rights & Social Justice
The note examines the legal and ethical implications of providing medical treatment, particularly gender reassignment surgery (GRS), to transgender prisoners under the Eighth Amendment, which prohibits cruel and unusual punishment. It argues that while courts have recognized the necessity of addressing gender dysphoria, the financial and logistical challenges of providing such treatments raise concerns about equity and resource allocation. The ruling in Brooks v. Berg highlights the tension between constitutional rights and the practical limitations of prison systems in meeting these needs.
Splitting Hairs: Why Courts Uphold Prison Grooming Policies And Why They Should Not, Mara R. Schneider
Splitting Hairs: Why Courts Uphold Prison Grooming Policies And Why They Should Not, Mara R. Schneider
Michigan Journal of Race and Law
Part I of this Note describes the substance of prison grooming policies and provides a sampling of cases that have challenged these policies under the Equal Protection and Free Exercise Clauses. Part II explores three theories of discrimination that describe certain types of discriminatory conduct that could be prohibited by the Equal Protection and Free Exercise Clauses. These theories inform the definition of "equal protection of the laws" and impact the analysis of equal protection challenges to prison grooming policies. Part III explores the "religious exemptions" doctrine and explains how courts have interpreted the protections offered to religious groups by …
Walton V. Angelone 321 F.3d 442 (4th Cir. 2003)
Walton V. Angelone 321 F.3d 442 (4th Cir. 2003)
Capital Defense Journal
No abstract provided.
Too Young To Die: The Juvenile Death Penalty After Atkins V. Virginia, Edmund P. Power
Too Young To Die: The Juvenile Death Penalty After Atkins V. Virginia, Edmund P. Power
Capital Defense Journal
No abstract provided.
Basden V. Lee 290 F.3d 602 (4th Cir. 2002)
Basden V. Lee 290 F.3d 602 (4th Cir. 2002)
Capital Defense Journal
No abstract provided.
The Equality Principle Revisited: The Relationship Of Daubert V. Merrell Dow Pharmaceuticals To Ake V. Oklahoma, Lee Richard Goebes
The Equality Principle Revisited: The Relationship Of Daubert V. Merrell Dow Pharmaceuticals To Ake V. Oklahoma, Lee Richard Goebes
Capital Defense Journal
No abstract provided.
Protecting The Defendant's Right To A Fair Trial In The Information Age, Erika Patrick
Protecting The Defendant's Right To A Fair Trial In The Information Age, Erika Patrick
Capital Defense Journal
No abstract provided.
Morisette V. Commonwealth 569 S.E.2d 47 (Va. 2002)
Morisette V. Commonwealth 569 S.E.2d 47 (Va. 2002)
Capital Defense Journal
No abstract provided.
United States V. Quinones 205 F. Supp. 2d 256 (S.D.N.Y. 2002) United States V. Fell 217 F. Supp. 2d 469 (D. Vt. 2002)
Capital Defense Journal
No abstract provided.
Rotten Social Background Revisited, Mythri A. Jayaraman
Rotten Social Background Revisited, Mythri A. Jayaraman
Capital Defense Journal
No abstract provided.
Kelly V. South Carolina 122 S. Ct. 726 (2002)
Kelly V. South Carolina 122 S. Ct. 726 (2002)
Capital Defense Journal
No abstract provided.