Law Enforcement and Corrections Commons^™

Finding A Conflicts Issue In International Copyright Litigation: Did The Second Circuit Misinterpret The Berne Convention In Itar-Tass?, David E. Miller

Cardozo Journal of International and Comparative Law

The article critiques the U.S. Court of Appeals for the Second Circuit's decision in Itar-Tass Russian News Agency v. Russian Kurier, Inc., arguing that the court misinterpreted the Berne Convention by creating a conflicts issue where none existed. The court's novel approach of applying Russian law to determine copyright ownership and U.S. law for infringement contradicts the principle of national treatment, which traditionally requires the law of the forum country to govern both issues. This decision, based on weak legal reasoning, ignored historical context, scholarly consensus, and relevant precedents, potentially leading to complications in international copyright litigation.

"Ready? Induce. Sting!": Arguing For The Government's Burden Of Proving Readiness In Entrapment Cases, David D. Tawil

Michigan Law Review

For over 100 years the United States judiciary has struggled with the sting and the entrapment defense, examining whether government agents deviously manufacture crimes or merely afford criminals the opportunity to commit them. The sentiments of Justice Holmes were rare for his time, but today they are reflected in a growing sympathy for sting victims. While courts are now more willing than ever to find entrapment, they still differ over the burden of proof that the government must satisfy to overthrow an entrapment defense. Specifically, courts disagree about whether the burden includes proof that the defendant had the ability and …

Wilson, V Layne: Bans Press With Police In The Home, But Leaves Media Ride-Alongs Intact, Kathy A. Brown

West Virginia Law Review

No abstract provided.

Section 1983 Custom Claims And The Code Of Silence, Myriam E. Gilles

Articles

No abstract provided.

Evolution Of An Eighth Amendment Dichotomy: Substantive And Procedural Protections Within The Cruel And Unusual Punishment Clause In Capital Cases, Kimberly A. Orem

Capital Defense Journal

No abstract provided.

Smith V. Robbins 120 S. Ct. 746 (2000)

Capital Defense Journal

No abstract provided.

Graham V. Angelone No. 99-4, 1999 Wl 710385 (4th Cir. Sept. 13, 1999)

Capital Defense Journal

No abstract provided.

Carter V. Lee No. 99-10, 1999 Wl 1267353 (4th Cir. Dec. 29, 1999)

Capital Defense Journal

No abstract provided.

Procedural Default: A De Facto Exception To Civility?, Ashley Flynn

Capital Defense Journal

No abstract provided.

Bridging The Procedural Default Chasm, Matthew K. Mahoney

Capital Defense Journal

No abstract provided.

The Role Of Forgiveness In Capital Murder Cases, Paige Mcthenia

Capital Defense Journal

No abstract provided.

Improving Process In Virginia Capital Cases, Robert H. Robinson, Jr.

Capital Defense Journal

No abstract provided.

Weeks V. Angelone 120 S. Ct. 727 (2000)

Capital Defense Journal

No abstract provided.

Knight V. Florida 120 S. Ct. 459 (1999) (Denial Of Certiorari)

Capital Defense Journal

No abstract provided.

Young V. Catoe Nos. 99-6, 99-8, 2000 Wl 245318 (4th Cir. Feb. 29, 2000)

Capital Defense Journal

No abstract provided.

Vinson V. Commonwealth 522 S.E.2d 170 (Va. 1999)

Capital Defense Journal

No abstract provided.

Bilateral Maritime Counter-Drug And Immigrant Interdiction Agreements: Is This The World Of The Future?, Joseph E. Kramek

University of Miami Inter-American Law Review

No abstract provided.

Breaking The Code Of Silence: Rediscovering "Custom" In Section 1983 Municipal Liability, Myriam E. Gilles

Articles

No abstract provided.

How Tuberculosis Threatens Supporters And Opponents Of Racial Profiling, Ibpp Editor

International Bulletin of Political Psychology

This article explores peculiarities of logic and reason among supporters and opponents of racial profiling as a tool of developing and implementing public policy.

An Evaluation Of The Drugs Crime Nexus, Legalization Of Drugs, Drug Enforcement, And Drug Treatment Rehabilitation, James Richard Keesling

Theses Digitization Project

Law enforcement agencies are faced with the problem of how to reduce crime in the most economical method possible without violating the law. Since drug offenders also engage in a disproportionate amount of non-drug crime, then drug enforcement is considered as an acceptable general crime control method. Unfortuantely, this is an expensive option because incarcerating offenders is both costly and ony a short-term solution to the problem. A review of existing research examining the prior criminal histories of drug offenders compared to their previous involvement in violent and property crime is conducted to evaluate this relationship.

Internet Sexual Predators: Protecting Children In The Global Community, Madeleine M. Plasencia

Articles

The Internet, serving as the largest network of computers in the world, has provided the horizontal parallax over which all can participate in communication and transaction, education and entertainment4 It also serves a community of participants and beneficiaries whose goals are not always shared or legal. The rise of this advanced technology has led to a new "red light district."

Unlike the physical spaces available for the distribution of pornography and sexual favors for money, the Internet, with its lack of structure, has led to an unimaginable amount of pornography available for any on-line spectator.' Information necessary for consummation of …

"Trapped" In Sing Sing: Transgendered Prisoners Caught In The Gender Binarism, Darren Rosenblum

Michigan Journal of Gender & Law

This Article first summarizes gender, transgendered identity, and legal issues facing transgendered people to contextualize the lives of transgendered prisoners. Parts II and III explore respectively the placement and treatment issues that complicate the incarceration of the transgendered. Corrections authorities, through indifference or incompetence, foster a shockingly inhumane daily existence for transgendered prisoners. In Part V, I examine the plight of transgendered prisoners through the metaphor of the miners' canary. Transgendered prisoners signal the grave dangers facing all of us in a wide array of social structures, elucidating the apparently intractable problems of gender. This Article simultaneously explores a human …

The New Policing, Philip B. Heymann

Fordham Urban Law Journal

This article explores new forms of policing in New York, Chicago, and Boston. These cities developed new policing strategies that each involves a different combination of problem solving and new forms of "community policing". The article explores whether these developments resulted in crime reduction and changes in belief in the efficacy of policing. The article concludes by considering the costs of the resulting increased security - reduction in democratic control of policing and increased risk to civil liberties.

Street Stops And Broken Windows: Terry, Race, And Disorder In New York City, Jeffrey Fagan, Garth Davies

Fordham Urban Law Journal

This article explores patterns of police "stop and frisk" activity across New York City neighborhoods. While “Broken Windows” theory may account for higher stop and frisk activity for “quality of life” crimes, the authors suggest neighborhood characteristics like racial composition, poverty levels, and extent of social disorganization are strong predictors of race- and crime-specific stops. The authors consider whether street-stops in various neighborhoods comply with the Terry standard of reasonable suspicion as insight into the social and strategic meaning of policing. Their empirical evidence suggests policing focuses on policing poor people in poor places. Their strategy departs from "Broken Windows" …

Why Did People Stop Committing Crimes? An Essay About Criminology And Ideology, George L. Kelling

Fordham Urban Law Journal

This essay considers the sharp decline in crime that was observed in 1994 in New York City and across the nation. The author suggests that crime reduction in various areas must be understood in a local context. This article discusses the steps New York City took prior to the observed crime reduction. The essay then discusses how urban renewal projects, weakening institutional control of youth behavior, and highly centralized facilities and strategies of law enforcement may have contributed to the violence of the 1980's. The author concludes that bad social policies contributed to elevated the crime rate and improvement of …

How Do We Reduce Crime And Preserve Human Decency? The Role Of Leadership In Policing For A Democratic Society, Benjamin B. Tucker

Fordham Urban Law Journal

This essay cautions that the successes in crime reduction cannot be sustained unless police-community relations improve. The essay discusses progress and development in law enforcement, documents the innovative rise in community policing, and concludes with suggestions on how to improve police-community tension, particularly tension between law enforcement and minority communities.

Law And Disorder: Is Effective Law Enforcement Inconsistent With Good Police-Community Relations?, William J. Bratton, Andrew G. Celli, Paul Chevigny, Johnnie L. Cochran

Fordham Urban Law Journal

This roundtable discusses crime reduction and police-community relations. Professor Chevigny asserted that violation of rights is an unacceptable trade-off for more effective law enforcement and advocated problem-solving policing. Commissioner Bratton discussed the compatibility of civil liberties and civil police and his work as commissioner. Attorney Lynch discussed the federal government's role in handling law enforcement as it relates to community relations by discussing the cases the federal government handles and the federal government 's powers and abilities in this area. Mr. Celli discussed the Attorney General Office's study of the New York City Police Department, theories behind the New York …

Sexual Misconduct And The Government: Time To Take A Stand , Andrea B. Daloia

Cleveland State Law Review

This Note analyzes law enforcement's use of one particularly troublesome tactic-the use of sexual acts or romantic promises to encourage a defendant to participate in illegal activities or to obtain information that can be used against the defendant at trial. The first part of this Note gives a brief history of the outrageous government conduct defense, including its distinction from entrapment, its origin and its lack of success in the courts. Although the entrapment defense and the outrageous conduct defense have some similarities, they are in fact quite different. The second section of this Note discusses the perception of sex …

"Trapped" In Sing Sing: Transgendered Prisoners Caught In The Gender Binarism, Darren Rosenblum

Elisabeth Haub School of Law Faculty Publications

This Article first summarizes gender, transgendered identity, and legal issues facing transgendered people to contextualize the lives of transgendered prisoners. Parts II and III explore respectively the placement and treatment issues that complicate the incarceration of the transgendered. Corrections authorities, through indifference or incompetence, foster a shockingly inhumane daily existence for transgendered prisoners. In Part V, I examine the plight of transgendered prisoners through the metaphor of the miners' canary. Transgendered prisoners signal the grave dangers facing all of us in a wide array of social structures, elucidating the apparently intractable problems of gender. This Article simultaneously explores a human …

Double Jeopardy And Punishment: Why An As Applied Approach, As Applied To Separation Of Powers Doctrines, Is Unconstitutional, Todd W. Wyatt

Seattle University Law Review

This Comment will argue that an as applied approach allows the executive branch, whether at the state or federal level, to encroach into the legislative realm by rendering a statute unconstitutional as a result of the way the statute is administered. Section II of this Comment will begin by examining the history of the as applied and on its face double jeopardy approaches during the last 20 years. After a close examination of the decisions in Halper and Hudson in sections II.B and II.C, this Comment will explain why the holding of Hudson, though correct in its result, was …