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Articles 3931 - 3960 of 5037
Full-Text Articles in Law Enforcement and Corrections
State Criminal Laws In Cyberspace: Reconciling Freedom For Users With Effective Law Enforcement, Sean M. Thornton
State Criminal Laws In Cyberspace: Reconciling Freedom For Users With Effective Law Enforcement, Sean M. Thornton
Richmond Journal of Law & Technology
With the proliferation of online activities in recent years, legal thinkers and the criminal justice system have faced new questions concerning the conflict of state criminal laws. These new questions have old answers; the doctrine of constructive presence has established a state's authority to prescribe an out-of-state activity that has in-state effects. Beyond the mechanical application of jurisdictional rules, however, there lie deeper policy questions concerning the fairness of subjecting computer users to multiple, inconsistent bodies of law. Cyberspace exists in all jurisdictions, and in no particular jurisdiction, at once. There is an apparent tension between the free flow of …
The Case Against The Prison-Industrial Complex, Ira P. Robbins
The Case Against The Prison-Industrial Complex, Ira P. Robbins
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Violence Against Aboriginal Women In Australia: Possibilities For Redress Within The International Human Rights Framework, Penelope Andrews
Violence Against Aboriginal Women In Australia: Possibilities For Redress Within The International Human Rights Framework, Penelope Andrews
Articles & Chapters
This Article addresses the issue of violence against Aboriginal women. Part I concerns the historical violenceagainst Aboriginal people generally, and Part II concerns violence against Aboriginal women in particular. Part III considers how the priorities and perspectives of Aboriginal women and non-Aboriginal women differ insignificant ways despite their congruence in others. In particular, the Article evaluates the awkward relationship between Aboriginal women and the largely white feminist movement in Australia as a consequence of these different priorities and perspectives, and suggests how political victories for white or non-Aboriginal women could be translated into gains for Aboriginal women. The fourth part …
Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, And The Fiction Of Consent, Guy-Uriel E. Charles
Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, And The Fiction Of Consent, Guy-Uriel E. Charles
Michigan Journal of Race and Law
The problems of public housing-including crime, drugs, and gun violence- have received an enormous amount of national attention. Much attention has also focused on warrantless searches and consent searches as solutions to these problems. This Note addresses the constitutionality of these proposals and asserts that if the Supreme Court's current Fourth Amendment jurisprudence is taken to its logical extremes, warrantless searches in public housing can be found constitutional. The author argues, however, that such an interpretation fails to strike the proper balance between public need and privacy in the public housing context. The Note concludes by proposing alternative consent-based regimes …
Deceit, Pretext, And Trickery: Investigative Lies By The Police, Christopher Slobogin
Deceit, Pretext, And Trickery: Investigative Lies By The Police, Christopher Slobogin
Vanderbilt Law School Faculty Publications
This Article has been a preliminary effort at identifying those limitations in connection with one specific type of lie-investigative lies, or lies told to people in an effort to gather evidence against them. The extrapolation of Bok's analysis developed in this Article suggests that once an individual has been identified as a suspect through the public proxy of a judge, noncoercive deception in the investigative setting is often permissible. On the other hand, in the absence of such an identification, or when deception leads the dupe to believe he has no choice but to provide the soughtafter evidence, investigative lying …
Watts: The Decline Of The Jury, William T. Pizzi
Police Discretion And The Quality Of Life In Public Places: Courts, Communities, And The New Policing, Debra A. Livingston
Police Discretion And The Quality Of Life In Public Places: Courts, Communities, And The New Policing, Debra A. Livingston
Faculty Scholarship
The advent of community and problem-oriented policing – the so-called "quality-of-life" policing philosophies – raises complex questions concerning police discretion in addressing minor street misconduct and judicial response to that discretion. In this Article, Debra Livingston addresses these questions by reassessing the ways in which courts have employed the facial vagueness doctrine to limit police discretion in the performance of "order maintenance" tasks. Livingston contends that aggressive employment of the facial vagueness doctrine is an inadequate mechanism for limiting police discretion and at the same time could impair positive change in the direction of community and problem-oriented policing. As an …
Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, And The Fiction Of Consent, Guy-Uriel Charles
Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, And The Fiction Of Consent, Guy-Uriel Charles
Faculty Scholarship
The problems of public housing-including crime, drugs, and gun violence- have received an enormous amount of national attention. Much attention has also focused on warrantless searches and consent searches as solutions to these problems. This Note addresses the constitutionality of these proposals and asserts that if the Supreme Court's current Fourth Amendment jurisprudence is taken to its logical extremes, warrantless searches in public housing can be found constitutional. The author argues, however, that such an interpretation fails to strike the proper balance between public need and privacy in the public housing context. The Note concludes by proposing alternative consent-based regimes …
Second Thoughts On Second Punishments: Redefining The Multiple Punishments Prohibition, Peter M. Bryce
Second Thoughts On Second Punishments: Redefining The Multiple Punishments Prohibition, Peter M. Bryce
Vanderbilt Law Review
The Fifth Amendment provides that no person shall be "subject for the same offence to be twice put in jeopardy of life or limb." To the layperson "twice put in jeopardy" means twice tried. The Supreme Court has firmly established, however, that the Double Jeopardy Clause targets two kinds of multiplicity: multiple prosecutions and multiple punishments. The right against multiple punishments is less commonly understood than the right against multiple prosecutions. What does it mean to be punished twice for the same offense? What is the evil that the right guards against? The Court appears to have defined the prohibition …
The Nature And Structure Of The State, Hermann Heller
The Nature And Structure Of The State, Hermann Heller
Cardozo Law Review
The question of the "purpose" of the state has been a permanent and fundamental problem of all theories of the state ever since Aristotle opened his Politics with the theory of the purpose of the state and placed this sentence at its head: pasa koinonia agathou tivos heneka sunesteken. It was left to the Romantics to contest for the first time the appropriateness of this question and to maintain that the state "just as the plant and the animal" is selfdirected. From that time on, theories have neglected the question of the purpose of the state. They decline to …
Testilying: Police Perjury And What To Do About It, Christopher Slobogin
Testilying: Police Perjury And What To Do About It, Christopher Slobogin
Vanderbilt Law School Faculty Publications
Police, like people generally, lie in all sorts of contexts for all sorts of reasons. This article has focused on police lying designed to convict individuals the police think are guilty. Strong measures are needed to reduce the powerful incentives to practice such testilying and the reluctance of prosecutors and judges to do anything about it. Among them might be the adoption of rewards for truth telling, the redefinition of probable cause, and the elimination of the exclusionary rule and its insidious effect on the resolve of legal actors to implement the commands of the Constitution. Ultimately, however, the various …
Gray V. Netherland 116 S.Ct. 2074 United States Supreme Court
Gray V. Netherland 116 S.Ct. 2074 United States Supreme Court
Capital Defense Journal
No abstract provided.
Savino V. Murray 82 F.3d 593 (4th Cir. 1996) United States Court Of Appeals, Fourth Circuit
Savino V. Murray 82 F.3d 593 (4th Cir. 1996) United States Court Of Appeals, Fourth Circuit
Capital Defense Journal
No abstract provided.
Felker V. Turpin 116 S. Ct. 2333 (1996) United States Supreme Court
Felker V. Turpin 116 S. Ct. 2333 (1996) United States Supreme Court
Capital Defense Journal
No abstract provided.
Bennett V. Angelone 92 F.3d 1336 (4th Cir. 1996) United States Court Of Appeals, Fourth Circuit
Bennett V. Angelone 92 F.3d 1336 (4th Cir. 1996) United States Court Of Appeals, Fourth Circuit
Capital Defense Journal
No abstract provided.
O'Dell V. Netherland 95 F.3d 1214 (4th Cir. 1996) United States Court Of Appeals, Fourth Circuit
O'Dell V. Netherland 95 F.3d 1214 (4th Cir. 1996) United States Court Of Appeals, Fourth Circuit
Capital Defense Journal
No abstract provided.
Introduction, William S. Geimer
Loving V. United States 116 S. Ct 1737 (1996) United States Supreme Court
Loving V. United States 116 S. Ct 1737 (1996) United States Supreme Court
Capital Defense Journal
No abstract provided.
Cooper V. Oklahoma 116 S. Ct. 1373 (1996) United States Supreme Court
Cooper V. Oklahoma 116 S. Ct. 1373 (1996) United States Supreme Court
Capital Defense Journal
No abstract provided.
Lonchar V. Thomas 116 S. Ct. 1293 (1996) United States Supreme Court
Lonchar V. Thomas 116 S. Ct. 1293 (1996) United States Supreme Court
Capital Defense Journal
No abstract provided.
Payne V. Netherland 1996 Wl 467642 (4th Cir. (Va.))L United States Court Of Appeals, Fourth Circuit
Payne V. Netherland 1996 Wl 467642 (4th Cir. (Va.))L United States Court Of Appeals, Fourth Circuit
Capital Defense Journal
No abstract provided.
Tuggle V. Netherland 79 F.3d 1386 (4th Cir. 1996) United States Court Of Appeals, Fourth Circuit
Tuggle V. Netherland 79 F.3d 1386 (4th Cir. 1996) United States Court Of Appeals, Fourth Circuit
Capital Defense Journal
No abstract provided.
United States V. Tipton, Johnson And Roane 90 F.3d 861 (4th Cir. 1996) United States Court Of Appeals, Fourth Circuit
Capital Defense Journal
No abstract provided.
Barnabei V. Commonwealth 1996 Wl 517733 (Va. 1996) Supreme Court Of Virginia
Barnabei V. Commonwealth 1996 Wl 517733 (Va. 1996) Supreme Court Of Virginia
Capital Defense Journal
No abstract provided.
Goins V. Commonwealth 251 Va. 442, 470 S.E.2d 114 (1996) Supreme Court Of Virginia
Goins V. Commonwealth 251 Va. 442, 470 S.E.2d 114 (1996) Supreme Court Of Virginia
Capital Defense Journal
No abstract provided.
Clagett V. Commonwealth 252 Va. 79, 472 S.E.2d 263 (1996) Supreme Court Of Virginia
Clagett V. Commonwealth 252 Va. 79, 472 S.E.2d 263 (1996) Supreme Court Of Virginia
Capital Defense Journal
No abstract provided.
Williams V. Commonwealth 252 Va. 3, 472 S.E.2d 50 (1996) Supreme Court Of Virginia
Williams V. Commonwealth 252 Va. 3, 472 S.E.2d 50 (1996) Supreme Court Of Virginia
Capital Defense Journal
No abstract provided.
The Incredible Shrinking Writ: Habeas Corpus Under The Anti-Terrorism And Effective Death Penalty Act Of 1996, Jeanne-Marie S. Raymond
The Incredible Shrinking Writ: Habeas Corpus Under The Anti-Terrorism And Effective Death Penalty Act Of 1996, Jeanne-Marie S. Raymond
Capital Defense Journal
No abstract provided.
Alice In Wonderland Interpretations: Rethinking The Use Of Mental Mitigation Experts, Douglas S. Collica
Alice In Wonderland Interpretations: Rethinking The Use Of Mental Mitigation Experts, Douglas S. Collica
Capital Defense Journal
No abstract provided.
Protection And Treatment: The Permissible Civil Detention Of Sexual Predators, John Kip Cornwell
Protection And Treatment: The Permissible Civil Detention Of Sexual Predators, John Kip Cornwell
Washington and Lee Law Review
No abstract provided.