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The Commercial Sexual Exploiutation Of Minors, The First Amendment, And Freedom: Why Backpage.Com Should Be Prevented From Selling America's Children For Sex, Anna Makatche 2016 Fordham University School of Law

The Commercial Sexual Exploiutation Of Minors, The First Amendment, And Freedom: Why Backpage.Com Should Be Prevented From Selling America's Children For Sex, Anna Makatche

Fordham Urban Law Journal

No abstract provided.


A Fair Trial: When The Constitution Requires Attorneys To Investigate Their Clients' Brains, Ellen G. Koenig 2016 Fordham University School of Law

A Fair Trial: When The Constitution Requires Attorneys To Investigate Their Clients' Brains, Ellen G. Koenig

Fordham Urban Law Journal

The U.S. Constitution guarantees every criminal defendant the right to a fair trial. This fundamental right includes the right to a defense counsel who provides effective assistance. To be effective, attorneys must sometimes develop specific types of evidence in crafting the best defense. In recent years, the U.S. Supreme Court has found that defense attorneys did not provide effective assistance when they failed to consider neuroscience. But when must defense attorneys develop neuroscience in order to provide effective assistance? This question is difficult because the standard for determining effective assistance is still evolving. There are two leading approaches. First, in …


Strange Bedfellows: How Expanding The Public Safety Exception To Miranda Benefits Counterterrorism Suspects, Geoffrey Corn, Chris Jenks 2016 South Texas College of Law

Strange Bedfellows: How Expanding The Public Safety Exception To Miranda Benefits Counterterrorism Suspects, Geoffrey Corn, Chris Jenks

Fordham Urban Law Journal

No abstract provided.


Principles, Politics And Privilege: How The Crime-Fraud Exception Can Preserve The Strength Of The Attorney-Client Privilege For Government Lawyers And Their Clients, Michael W. Glenn 2016 Fordham University School of Law

Principles, Politics And Privilege: How The Crime-Fraud Exception Can Preserve The Strength Of The Attorney-Client Privilege For Government Lawyers And Their Clients, Michael W. Glenn

Fordham Urban Law Journal

No abstract provided.


Community Control Over Camera Surveillance: A Response To Bennett Capers’S Crime, Surveillance, And Communities, Christopher Slobogin 2016 Vanderbilt University Law School

Community Control Over Camera Surveillance: A Response To Bennett Capers’S Crime, Surveillance, And Communities, Christopher Slobogin

Fordham Urban Law Journal

No abstract provided.


Interrogation First, Miranda Warnings Afterward: A Critical Analysis Of The Supreme Court's Approach To Delayed Miranda Warnings, Joshua I. Rodriguez 2016 Fordham University School of Law

Interrogation First, Miranda Warnings Afterward: A Critical Analysis Of The Supreme Court's Approach To Delayed Miranda Warnings, Joshua I. Rodriguez

Fordham Urban Law Journal

No abstract provided.


Aggregation And Urban Misdemeanors, Alexandra Natapoff 2016 Loyola Law School

Aggregation And Urban Misdemeanors, Alexandra Natapoff

Fordham Urban Law Journal

The urban misdemeanor process relies on a wide variety of informal groupings and aggregations. Order maintenance police arrest large numbers of people based on neighborhood, age, race, and other generalizations. Prosecutors and public defenders resolve entire classes of minor plea bargains based on standard local practices and pricing. Urban courts process hundreds of cases en masse. At each stage, the pressure to aggregate—to treat people and cases by group—weakens and sometimes eliminates individuated scrutiny of defendants and the evidence in their cases; people are largely evaluated, convicted, and punished by category and based on institutional habit. This wholesale process of …


Why Properly Policing A Movement Matters: A Response To Alafair Burke’S Policing, Protestors, And Discretion, Lenese Herbert 2016 Albany Law School

Why Properly Policing A Movement Matters: A Response To Alafair Burke’S Policing, Protestors, And Discretion, Lenese Herbert

Fordham Urban Law Journal

No abstract provided.


Crime, Surveillance, And Communities, Bennett Capers 2016 Brooklyn Law School

Crime, Surveillance, And Communities, Bennett Capers

Fordham Urban Law Journal

We have become a surveillance state. Cameras—both those controlled by the state, and those installed by private entities—watch our every move, at least in public. For the most part, courts have deemed this public surveillance to be beyond the purview of the Fourth Amendment, meaning that it goes largely unregulated—a cause for alarm for many civil libertarians. This Article challenges these views and suggests that we must listen to communities in thinking about cameras and other surveillance technologies. For many communities, public surveillance not only has the benefit of deterring crime and aiding in the apprehension of criminals. It can …


Policing, Protestors, And Discretion, Alafair Burke 2016 Maurice A. Deane School of Law at Hofstra University

Policing, Protestors, And Discretion, Alafair Burke

Fordham Urban Law Journal

No abstract provided.


Sustainable Institutional Development And Combating Trafficking In Persons Through The Lens Of The International Criminal Investigative Training Assistance Program (Icitap), Eric Beinhart 2016 St. John's University School of Law

Sustainable Institutional Development And Combating Trafficking In Persons Through The Lens Of The International Criminal Investigative Training Assistance Program (Icitap), Eric Beinhart

Journal of International and Comparative Law

No abstract provided.


In Treatment: Comparing The Legality Of Medical Marijuana Under American Law And Jewish Law, Michael Schultz 2016 St. John's University School of Law

In Treatment: Comparing The Legality Of Medical Marijuana Under American Law And Jewish Law, Michael Schultz

Journal of International and Comparative Law

No abstract provided.


Different States: Huge Mistakes; The Pitfalls And Consequences Of Bringing International Defendants To The Wrong District, Michael Weinstock 2016 St. John's University School of Law

Different States: Huge Mistakes; The Pitfalls And Consequences Of Bringing International Defendants To The Wrong District, Michael Weinstock

Journal of International and Comparative Law

No abstract provided.


Shakin' And Bakin': The Supreme Court's Remarkable Criminal Law Rulings Of The 1999 Term, William E. Hellerstein 2016 Touro University Jacob D. Fuchsberg Law Center

Shakin' And Bakin': The Supreme Court's Remarkable Criminal Law Rulings Of The 1999 Term, William E. Hellerstein

Touro Law Review

No abstract provided.


The ‘Hart’ Of The (Mr.) Big Problem, Adelina Iftene 2016 Dalhousie University Schulich School of Law

The ‘Hart’ Of The (Mr.) Big Problem, Adelina Iftene

Articles, Book Chapters, & Popular Press

In 2014, the Supreme Court of Canada in R v Hart reviewed the application and evidentiary consequences of Mr. Big operation. For the majority, Moldaver J. changed the common law confessions rule so that it applies in Mr. Big scenarios based on a two-pronged test. Immediately after Hart, the SCC rendered a new decision in R v Mack where the two pronged test was leniently applied in favour of the Crown. In this article I argue that the SCC approach in Hart and its application in Mack failed to address to the core problems that Mr. Big operations pose. It …


Targeted Killings By Drones: A Domestic And International Legal Framework, Catherine Lotrionte 2016 St. John's University School of Law

Targeted Killings By Drones: A Domestic And International Legal Framework, Catherine Lotrionte

Journal of International and Comparative Law

No abstract provided.


Traffic Stop: How The United States Can Improve Its Efforts To Halt Sex Trafficking, Timothy Fisher 2016 St. John's University School of Law

Traffic Stop: How The United States Can Improve Its Efforts To Halt Sex Trafficking, Timothy Fisher

Journal of International and Comparative Law

No abstract provided.


The Persistence Of Fatal Police Taserings, Part 2, Donald E. Wilkes Jr. 2016 University of Georgia School of Law

The Persistence Of Fatal Police Taserings, Part 2, Donald E. Wilkes Jr.

Popular Media

This article updates the author's previous article on the statistics on deaths resulting from police taserings.


The Uneven Playing Field: Ethical Disparities Between The Prosecution And Defense Functions In Criminal Cases, Thomas F. Liotti, Christopher Zeh 2016 Touro University Jacob D. Fuchsberg Law Center

The Uneven Playing Field: Ethical Disparities Between The Prosecution And Defense Functions In Criminal Cases, Thomas F. Liotti, Christopher Zeh

Touro Law Review

No abstract provided.


Terry And Beyond: Testing The Underlying Assumption Of Reasonable Suspicion, Illya D. Lichtenberg, Alisa Smith, Michael Copeland 2016 Touro University Jacob D. Fuchsberg Law Center

Terry And Beyond: Testing The Underlying Assumption Of Reasonable Suspicion, Illya D. Lichtenberg, Alisa Smith, Michael Copeland

Touro Law Review

No abstract provided.


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