Criminal Law Commons^™

Deconstructing Dog Sniffs At Traffic Stops, Andrea J. Garland

Marquette Law Review

Trial courts often uphold searches of cars at traffic stops when the grounds for the search are that a drug dog established probable cause to think that the vehicle was involved in a drug crime. Traditionally, courts have not considered the sniffs to be searches. The United States Supreme Court has relied on two presumptions to uphold searches based on dog sniffs. These are (1) the dog is trained to only signal the presence of the scent of contraband; and (2) the dog does not physically occupy the vehicle but simply walks around the vehicle.

Re-Tribute: Reconsidering The Moral Psychology Of Culpability And Desert, Guyora Binder, Matthew Biondolillo

Journal Articles

No abstract provided.

Understanding Criminal Justice Innovations, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

Burgeoning science and technology have provided the criminal justice system with the opportunity to address some of its shortcomings. And the criminal justice system has significant shortcomings. Among other issues, we have a mass incarceration problem; clearance rates are surprisingly low; there are serious concerns about wrongful convictions; and the system is layered with racial, religious, and other biases. Innovations that are widely used across industries, as well as those directed specifically at the criminal justice system, have the potential to improve upon such problems. But it is important to recognize that these innovations also have downsides, and criminal justice …

Depoliticizing Federal Prosecution, Bruce Green, Rebecca Roiphe

Articles & Chapters

There is broad agreement that federal prosecutors should not use their power to pursue partisan political objectives, but there is stark disagreement about how to prevent them from abusing their power in this way. Geoffrey Berman, a former United States Attorney for the Southern District of New York, recently argued that U.S. Attorneys should have complete autonomy and independence from the Attorney General and administration. Attorney General Bill Barr, in contrast, has insisted that Attorneys General should have full control over prosecutors so the administration can be held politically accountable. Neither view fully addresses the problem. Barr minimizes the significant …

An Empirical Study Of The Nation's First Court Animal Advocate Law, Jessica Rubin, Tara Cooley

Faculty Articles and Papers

No abstract provided.

The Perverse Carrot: How Extreme Economic Precarity Is Exploited Through Witness Perks, Roxann Matthews

University of San Francisco Law Review

No abstract provided.

Human Trafficking, Cults, & Coercion: The Use Of Drugs As A Tool, Robin Boyle-Laisure

Faculty Publications

Thanks to the successful prosecution of sex traffickers, the definition and proof of “coercion” now encompasses evidence showing the use of addictive drugs as a tool. This article describes two case examples, and in both, the perpetrators supplied abundant amounts of addictive substantives. Once those victims became addicted and feared the pain of withdrawal, the sex traffickers forced the victims to perform commercial sex acts to pay off the drug debt they incurred, feeding the addiction the traffickers caused. Coercion by way of intentional drug addiction and control is a theory that expands the operative word “coercion.” This short article …

Judge Frankel’S Fifty-Year-Old Invitation To Reconstruct Sentencing, Jelani Jefferson Exum

Faculty Publications

(Excerpt)

America was a different place at the time Judge Marvin Frankel penned his now-famous text Criminal Sentences: Law without Order in 1973. Richard Nixon was the U.S. president. The Vietnam War was ending. The Watergate scandal was unfolding. There was much to grab the public’s attention, and criminal sentencing was not a national or international headline. Just two years earlier, President Nixon had declared a war on drugs and targeted drug abuse as “public enemy number one,” but it would be over a decade before punitive mandatory minimum drug sentences would become our sentencing norm. At the time of …

Know Thyself - Embracing The Ambiguity Of War By Other Means, Anne Leslie

Cardozo Journal of Conflict Resolution

On paper, nothing predestined me for a career in cybersecurity. Much in the same way as nothing on paper predestined me for being involved in a multinational effort like Project Seshat to study and respond to the rising threats of 'hybrid warfare' and 'gray zone conflict', or to give a keynote address at the Cardozo Journal of Conflict Resolution Melnick Symposium themed "Negotiation Strategies for War by Other Means."

Improving New York City's Covid-19 Vaccine Mandate For Public Sector Workers: A Collaborative Framework For Labor-Management Relations In High Impact Circumstances, Chelsea Hill

Cardozo Journal of Conflict Resolution

No abstract provided.

Beyond Problem-Solving Courts, Erin R. Collins

Cardozo Journal of Conflict Resolution

Problem-solving courts were borne out of well-meaning experimentalist spirit, a spirit that is very much in line with the vision of this Symposium on the multi-door criminal courthouse. These courts, which include drug courts, mental health courts, veterans' courts, and many other specialized criminal courts, were created as a way to close one door to the criminal courthouse-the so-called "revolving door" that appeared to bring some people accused of crimes back into court as soon as they exited. Problem-solving court judges sought to open a different door for some of those who entered their courtrooms, a door that they hoped …

Plea Bargaining In Homicide Cases: An Empirical Exploration In One State, Michael O'Hear, Darren Wheelock

Cardozo Journal of Conflict Resolution

No abstract provided.

Pacifying Professional Negligence Disputes - The Prospective Path For Mediation Within The Psilocybin Industry, Miranda Sapoznik

Cardozo Journal of Conflict Resolution

No abstract provided.

Corporate Governance And Gender Equality: A Study Of Comply-Or-Explain Disclosure Regulation, Aaron A. Dhir, Sarah Kaplan, Maria Arabella Robles

Seattle University Law Review

In 2020, the Nasdaq Stock Market filed a proposal with the U.S. Securities and Exchange Commission seeking permission to adopt a board diversity-related disclosure requirement for its listed companies. In 2021, the SEC approved the proposal, thus entrenching Nasdaq’s position as the most significant stock exchange to date to mandate listing rules that reflect the intention of diversifying corporate boardrooms. Nasdaq’s movement into the diversity space is not the first attempt to address homogeneous boards in the U.S. In 2009, the SEC adopted a rule requiring publicly traded firms to report on whether they consider diversity in identifying director nominees. …

Judicial Ethics And The Eradication Of Racism, Dontay Proctor-Mills

Seattle University Law Review

In 2020, the Washington Supreme Court entrusted the legal community with working to eradicate racism from its legal system. Soon after, Washington’s Commission on Judicial Conduct (hereinafter the Commission) received a complaint about a bus ad for North Seattle College featuring King County Superior Court Judge David Keenan. Along with a photo of Judge Keenan’s face, the ad included the following language: “A Superior Court Judge, David Keenan got into law in part to advocate for marginalized communities. David’s changing the world. He started at North.” The Commission admonished Judge Keenan for violating the Code of Judicial Conduct, in part …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Why Corporate Boards Should Include Lgbtq+ People, Jeremy Mcclane, Darren Rosenblum

Seattle University Law Review

Corporate boardrooms sit at the heart of most of society’s most consequential decisions but fall far short of the diversity of our society. The current movement toward board diversification aims to remedy the underrepresentation of marginalized groups on corporate boards. More recently, some efforts have included LGBTQ+ people, even though the basis for their inclusion on corporate boards remains largely unstated. This Article examines both the normative and instrumental bases for LGBTQ+ inclusion in board diversity initiatives, articulating unspoken assumptions and linking LGBTQ+ people to the broader inclusion effort. In so doing, it begins to surface the unique issues LGBTQ+ …

Criminality And Inequity Under Canada's Legalization Of Cannabis: A Study Of Vancouver's Downtown Eastside, Stephanie Lake, Margot Young

All Faculty Publications

The origin of this essay reminds us of the importance of interdisciplinary collaboration to the development and assessment of public policy. It also demonstrates the serendipitous beginnings of many interesting inquiries. This collaboration was thus fortuitous: authors Lake and Young met during Lake’s doctoral dissertation defence. Young was on the examining committee. Lake presented a series of epidemiological studies (three of which are summarized below) involving the use of cannabis for therapeutic and harm reduction purposes among marginalized people who use drugs (PWUD) in Vancouver. Young’s lines of questioning involving the legal implications of Lake’s findings spurred the idea to …

The Visible Trial: Judicial Assessment As Adjudication, Tracey E. George, Albert H. Yoon

University of Colorado Law Review

Only a small fraction of lawsuits ends in trial—a phenomenon termed the “vanishing trial.” Critics of the declining trial rate see a remote, increasingly regressive judicial system. Defenders see a system that allows parties to resolve disputes independently. Analyzing criminal and civil filings in federal district court for the forty-year period from 1980 to 2019, we confirm a steady decline in the absolute and relative number of trials. We find, however, this emphasis on trial rate obscures courts’ vital role and ignores parties’ goals. Judges adjudicate disputes directly by ruling or effectively through other assessments of the parties’ cases. Even …

Bail And Mental Illness, Samuel Wiseman

Faculty Scholarship

In many parts of the United States, the bail system is strikingly unfair, imposing burdensome, and often unmeetable, financial conditions on pretrial liberty even for low-risk defendants. Reforms that reduce or eliminate cash bail and lower pretrial detention rates have made progress in recent years, but now face growing opposition even in generally progressive jurisdictions such as San Francisco and New York City. One source of this opposition is rising concern about crime—particularly crime associated with the unhoused, who disproportionately suffer from mental illness, including substance abuse disorder. This is not a coincidence, as one effect of a cash-bail system, …