Technologies Of Control And The Future Of The First Amendment,
2011
William & Mary Law School
Technologies Of Control And The Future Of The First Amendment, Christopher S. Yoo
William & Mary Law Review
No abstract provided.
A Critical Appraisal Of The Department Of Justice's New Approach To Medical Marijuana,
2011
Vanderbilt University Law School
A Critical Appraisal Of The Department Of Justice's New Approach To Medical Marijuana, Robert A. Mikos
Vanderbilt Law School Faculty Publications
The Obama Administration has embarked upon a much-heralded shift in federal policy toward medical marijuana. Eschewing the hard-ball tactics favored by earlier Administrations, Attorney General Eric Holder announced in October 2009 that the Department of Justice (DOJ) would stop enforcing the federal marijuana ban against persons who comply with state medical marijuana laws. Given the significance of the medical marijuana issue in both criminal law and federalism circles, this Article sets out to provide the first in-depth analysis of the changes wrought by the DOJ’s new Non Enforcement Policy (NEP). In a nutshell, it suggests that early enthusiasm for the …
Laws For Learning In An Age Of Acceleration,
2011
William & Mary Law School
Laws For Learning In An Age Of Acceleration, John O. Mcginnis
William & Mary Law Review
No abstract provided.
Globalization And Structure,
2011
Hofstra University School of Law
Globalization And Structure, Julian Ku, John Yoo
William & Mary Law Review
No abstract provided.
The Balanced Budget Amendment: A Threat To The Constitutional Order,
2011
Georgia State University College of Law
The Balanced Budget Amendment: A Threat To The Constitutional Order, Neil J. Kinkopf
Faculty Publications By Year
No abstract provided.
A Vanishing Virginia Constitution?,
2011
Judge, Court of Appeals of Virginia
A Vanishing Virginia Constitution?, Hon. Stephen R. Mccullough
University of Richmond Law Review
No abstract provided.
Crime-Severity Distinctions And The Fourth Amendment: Reassessing Reasonableness In A Changing World,
2011
William & Mary Law School
Crime-Severity Distinctions And The Fourth Amendment: Reassessing Reasonableness In A Changing World, Jeffrey Bellin
Faculty Publications
A growing body of commentary calls for the Supreme Court to recalibrate its Fourth Amendment jurisprudence in response to technological and social changes that threaten the traditional balance between public safety and personal liberty. This Article joins the discussion, highlighting a largely overlooked consideration that should be included in any modernization of Fourth Amendment doctrine—crime severity.
The Supreme Court emphasizes that “reasonableness” is the “touchstone” of Fourth Amendment analysis. Yet, in evaluating contested searches and seizures, current Fourth Amendment doctrine ignores a key determinant of reasonableness, the crime under investigation. As a result, an invasive search of a suspected murderer …
Can A Password Stop Police From Searching Your Cell Phone Incident To Arrest?,
2011
William & Mary Law School
Can A Password Stop Police From Searching Your Cell Phone Incident To Arrest?, Adam M. Gershowitz
Faculty Publications
No abstract provided.
Notes On Borrowing And Convergence,
2011
American University, Washington College of Law
Notes On Borrowing And Convergence, Robert L. Tsai, Nelson Tebbe
Cornell Law Faculty Publications
This is a response to Jennifer E. Laurin, "Trawling for Herring: Lessons in Doctrinal Borrowing and Convergence," 111 Colum. L. Rev. 670 (2011), which analyzes the Supreme Court's resort to tort-based concepts to limit the reach of the Fourth Amendment's exclusionary rule. We press three points. First, there are differences between a general and specific critique of constitutional borrowing. Second, the idea of convergence as a distinct phenomenon from borrowing has explanatory potential and should be further explored. Third, to the extent convergence occurs, it matters whether concerns of judicial administration or political reconstruction are driving doctrinal changes.
Notes On Borrowing And Convergence,
2011
Boston University School of Law
Notes On Borrowing And Convergence, Robert L. Tsai, Nelson Tebbe
Faculty Scholarship
This is a response to Jennifer E. Laurin, "Trawling for Herring: Lessons in Doctrinal Borrowing and Convergence," 111 Colum. L. Rev. 670 (2011), which analyzes the Supreme Court's resort to tort-based concepts to limit the reach of the Fourth Amendment's exclusionary rule. We press three points. First, there are differences between a general and specific critique of constitutional borrowing. Second, the idea of convergence as a distinct phenomenon from borrowing has explanatory potential and should be further explored. Third, to the extent convergence occurs, it matters whether concerns of judicial administration or political reconstruction are driving doctrinal changes.
October 29, 2011: Why Any Change In The Establishment Clause?,
2011
Duquesne University
October 29, 2011: Why Any Change In The Establishment Clause?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Why Any Change in the Establishment Clause?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
An Anthem For Ows?,
2011
William & Mary Law School
Ows, Discourse, And Narratives,
2011
William & Mary Law School
October 22, 2011: Standing On God/Pleading With God,
2011
Duquesne University
October 22, 2011: Standing On God/Pleading With God, Bruce Ledewitz
Hallowed Secularism
Blog post, “Standing on God/Pleading With God“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Ows And The Constitution,
2011
William & Mary Law School
Defining Instrumentalities Of Deadly Force,
2011
Touro University Jacob D. Fuchsberg Law Center
Defining Instrumentalities Of Deadly Force, Tim Longo
Touro Law Review
No abstract provided.
Qualified Immunity: Further Developments In The Post-Pearson Era,
2011
Touro University Jacob D. Fuchsberg Law Center
Qualified Immunity: Further Developments In The Post-Pearson Era, Karen M. Blum
Touro Law Review
No abstract provided.
Twombly And Iqbal: The Introduction Of A Heightened Pleading Standard,
2011
Touro University Jacob D. Fuchsberg Law Center
Twombly And Iqbal: The Introduction Of A Heightened Pleading Standard, Shira A. Sheindlin Honorable
Touro Law Review
No abstract provided.
Wrongful Conviction Claims Under Section 1983,
2011
Touro University Jacob D. Fuchsberg Law Center
Wrongful Conviction Claims Under Section 1983, Martin A. Schwartz, Robert W. Pratt Honorable
Touro Law Review
No abstract provided.
Supreme Court Criminal Law Jurisprudence: Fair Trials, Cruel Punishment, And Ethical Lawyering - October 2009 Term,
2011
Touro University Jacob D. Fuchsberg Law Center
Supreme Court Criminal Law Jurisprudence: Fair Trials, Cruel Punishment, And Ethical Lawyering - October 2009 Term, Richard Klein
Touro Law Review
No abstract provided.
