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Black Police, White Society, Michigan Law Review

Michigan Law Review

A Review of Black Police, White Society by Stephen Leinen

Ua12/8 Newsletter, Wku Police

WKU Administration Documents

WKU Police departmental newsletters for 1985.

Executive Targeting Of Congressmen As A Violation Of The Arrest Clause, Anita Bernstein

Faculty Scholarship

No abstract provided.

Victimization: A Legalist Analysis Of Coercion, Deception, Undue Influence, And Excusable Prison Escape, Herbert Fingarette

Washington and Lee Law Review

No abstract provided.

Job Satisfaction And Job Performance: A Meta-Analysis, Michelle Iaffaldano [Graef], Paul M. Muchinsky

Center on Children, Families, and the Law: Faculty Publications

The assumption that job satisfaction and job performance are related has much intuitive appeal, despite the fact that reviewers of this literature have concluded there is no strong pervasive relation between these two variables. The present meta-analytic study demonstrates that (a) the best estimate of the true population correlation between satisfaction and performance is relatively low (.17); (b) much of the variability in results obtained in previous research has been due to the use of small sample sizes, whereas unreliable measurement of the satisfaction and performance constructs has contributed relatively little to this observed variability in correlations; and (c) nine …

Book Review Of The Legal Enforcement Of Morality And The Dilemmas Of Individualism: Status, Liberty, And American Constitutional Law, Arthur S. Miller

Journal of Legal Education

No abstract provided.

New Limits On Police Vehicle Searches In Washington—State V. Ringer, 100 Wn. 2d 686, 674 P.2d 1240 (1983), Miriam Metz

Washington Law Review

In State v. Ringer, the Washington Supreme Court announced two new constitutional rules for police searches and seizures. First, police arresting a suspect in a car may search the suspect and the area within the suspect's immediate control for weapons or evidence, but may not search the area beyond the arrestee's reach. Second, unless there are exigent circumstances that justify their dispensing with a warrant, police with probable cause to search a lawfully stopped vehicle must obtain a warrant before conducting a search. Various public officials and organizations have criticized Ringer, castigating the Washington Supreme Court for being soft on …

Public Employees Or Private Citizens: The Off-Duty Sexual Activities Of Police Officers And The Constitutional Right Of Privacy, Michael A. Woronoff

University of Michigan Journal of Law Reform

This Note proposes a framework for dealing with problems in this area in a manner which best balances the competing interests involved. It argues that, while there is no explicit constitutional guarantee of privacy, the state is not free to regulate all aspects of a police officer's otherwise legal, off-duty, sexual activity. Part I of the Note examines several possible sources of a constitutional right of privacy. It concludes that, although many of the courts which invalidate state regulation of police officers' off-duty sexual activity do so on the basis of some constitutional right of privacy, any implied fundamental right …

Book Review Of The Economics Of Crime And Law Enforcement, Susan Rose-Ackerman

Journal of Legal Education

No abstract provided.

"Seizures" Typology: Classifying Detentions Of The Person To Resolve Warrant, Grounds, And Search Issues, Wayne R. Lafave

University of Michigan Journal of Law Reform

This seizures typology constitutes a most important part of extant fourth amendment doctrine. The precision with which and perspective from which such classifications are drawn is obviously a matter of considerable interest to the police, who must in the first instance resolve these warrant, grounds, and search issues. It is also an appropriate subject of broader concern, as the shape of these categories has a critical bearing upon the effectiveness of our law enforcement processes and the extent of our protected liberty and privacy. The following comments are directed to this seizures typology.

The Pretext Search Doctrine: Now You See It, Now You Don't, John M. Burkoff

University of Michigan Journal of Law Reform

One can only hope, to put it bluntly, that the Supreme Court majority in Villamonte-Marquez did not mean what it seemed to have said. Indeed, there is some evidence that this is precisely the case. In the same Term Villamonte-Marquez was decided, the Court also decided Texas v. Brown. In Brown, the Supreme Court continued to recognize and respond to the problem of pretext searches. In other words, the Court still acts as if the pretext search doctrine remains vital, despite the apparent body blow delivered to it in Scott and Villamonte-Marquez. The remainder of this Article …

Governmental Immunity And The Release Of Dangerous Inmates From State Institutions: Can The State Get Away With Murder?, David P. Marcus

Buffalo Law Review

No abstract provided.

Probable Cause And Common Sense: A Reply To The Critics Of Illinois V. Gates, Joseph D. Grano

University of Michigan Journal of Law Reform

Part I of this article reviews Gates's actual holding. Although one can view much of the Court's more interesting discussion of the two-pronged test as dicta, the majority and dissenters clearly did not regard it as such. The majority and dissenters disagreed, however, not only over the appropriate hearsay test but, more fundamentally, over the nature of probable cause itself. I will argue that one must resolve this more basic disagreement before properly addressing the hearsay issue.

Part II examines probable cause from an historical perspective. In this part, I attempt to demonstrate that both the English common law …

The Applicability Of Miranda Warnings To Non-Felony Offenses: Is The Proper Standard "Custodial Interrogation" Or "Severity Of The Offense"?, Kenneth W. Gaul

University of Michigan Journal of Law Reform

This Note argues that the proper standard for determining the necessity of the Miranda warnings for any offense is the existence of custodial interrogation. When interrogation for non-felony offenses takes place in a custodial atmosphere, Miranda warnings should be required, as they are for more serious offenses. Part I summarizes the two basic approaches taken by courts that have confronted the question of the applicability of the Miranda warnings to non-felony offenses. Part Ill argues that neither the rationale for the Miranda doctrine nor the roots of the fifth amendment support a distinction based on the severity of the offense …

The Fourth Amendment And The Control Of Police Discretion, William J. Mertens

University of Michigan Journal of Law Reform

The fourth amendment protects the security of people's "persons, houses, papers, and effects" in two distinct (if overlapping) ways. First, it requires a sufficiently weighty public interest before the government's agents are allowed to search or seize. Thus, for example, probable cause is required for arrest. Whatever uncertainty there may be in the phrase "probable cause" (and, for that matter, however indefinite the idea of "arrest" may have become), in this context, at least, the probable cause standard requires the demonstration of objective facts that point with some probability to the guilt for some particular offense of the person arrested. …

New Perspectives On Prisons And Imprisonment, Michigan Law Review

Michigan Law Review

A Review of New Perspectives on Prisons and Imprisonment by James B. Jacobs

Ethics, Public Policy And Criminal Justice, Michigan Law Review

Michigan Law Review

A Review of Ethics, Public Policy and Criminal Justice by Frederick Elliston and Norman Bowie

Mary Beth G. V. City Of Chicago: How Reasonable Can A Strip Search Be, 18 J. Marshall L. Rev. 237 (1984), Frank C. Lipuma

UIC Law Review

No abstract provided.

Ua12/8 Departmental Newsletter, Wku Police

WKU Administration Documents

WKU Police departmental newsletters for 1984.

American Prisoners In Foreign Prisons: The Prisoner Transfer Treaties, Patricia M. Wilson

Penn State International Law Review (1982 - 2011)

For the average American traveler, being apprehended and arrested in a foreign country on criminal charges can be an unimaginable and bizarre experience. Whether he is in England, which has a legal system relatively similar to ours, or in China, which has a very different legal system, he is likely to be equally mistaken in believing that his status as an American citizen will be of any real assistance. Unfortunately, unless he happens to be with United States military forces or protected by some sort of diplomatic or other immunity, his criminal case will proceed from start to finish entirely …

Confessions, Susan E. Morton

West Virginia Law Review

No abstract provided.

A Consideration Of Rater Status And Appraisal Format In Law Enforcement Performance Appraisal, Kitty Sellers Boynton

Retrospective Theses and Dissertations

No abstract provided.

When Names Are Not News, They're Negligence: Media Liability For Personal Injuries Resulting From The Publication Of Accurate Information, Douglas O. Linder

Faculty Works

No abstract provided.

Rethinking Selective Enforcement In The First Amendment Context, Karl S. Coplan

Elisabeth Haub School of Law Faculty Publications

This Note argues for the use of a balancing-of-interests approach in place of the current two-part test when enforcement policies are challenged on first amendment grounds. The Note begins by explaining the current two-part test and analyzing how it conflicts with other first amendment doctrines. Next, an inquiry into the development of current law reveals that the origins of both the selective prosecution defense and its motive requirement lie in equal protection review of administrative action. These roots suggest a defect in the application of an equal protection test in place of a direct application of the first amendment. The …

Controlling The Structural Injunction, Robert F. Nagel

Publications

No abstract provided.

Inverse Liability Of The State Of Wisconsin For A De Facto "Temporary Taking" As A Result Of An Administrative Decision: Zinn V. State, Alemante G. Selassie

Faculty Publications

This Note examines Zinn v. State, a Wisconsin Supreme Court decision, which held that plaintiff stated a claim for inverse condemnation against the State of Wisconsin when, as a result of an erroneous quasi-judicial decision by the DNR, plaintiff lost the use of her property for a little longer than a month. This Note takes the position that Zinn represents the growing tendency among courts to enlarge the scope of fact situations in which they will find a taking. Given this tendency, and given that the substantive test in Wisconsin of what constitutes a taking is identical whether a taking …

Book Note Of The Limits Of Law Enforcement, Bennett L. Gershman

Journal of Legal Education

No abstract provided.

Developing A Victims' Suit For Injuries Caused By A Compulsorily Released Prisoner, Leonard M. Niehoff

University of Michigan Journal of Law Reform

This Note advocates the development of a tort remedy for victims injured by a compulsorily released prisoner. This remedy would be based on existing tort theory permitting suits against third parties whose negligence causes or facilitates a criminal act. The victim would bring suit against both the state and third parties who aided in the criminal release determination . To support his claim, the victim would allege: (1) that state officials negligently selected the offending inmate for early release; and (2) that the state negligently maintained the unconstitutional prison conditions which precipitated the release.

Part I of this Note discusses …

In Favor Of Capital Punishment: A Blending Of Philosophical Perspectives, James Charles Donnelly

Institute for the Humanities Theses

There has been little intellectual support for the average American's view of the proper relationship between L' crime and punishment. This text is an effort to philosophically define and defend this view. Chapters one and two deal with teleological theories and justification for systems and rules of practices. I first discuss the historical relationship of man to the state, showing the necessity of and providing a basis for civil authority and law and showing both to be based on social utility. This accomplished, a teleological justification of a system of punishment is presented. Chapter three discusses retribution as the deontological …

Finding An Optimum Legal Policy Level: The Undesirability Of Doing Too Much Or Too Little In The Law, Stuart S. Nagel

West Virginia Law Review

No abstract provided.