The Fourth Amendment In The Digital Age Symposium,
2015
American University Washington College of Law
The Fourth Amendment In The Digital Age Symposium, Braxton Marcela
Criminal Law Practitioner
No abstract provided.
Adult Rape Victims Should Be Permitted To Testify By Closed-Circuit Television,
2015
American University Washington College of Law
Adult Rape Victims Should Be Permitted To Testify By Closed-Circuit Television, Matthew Marthaler
Criminal Law Practitioner
No abstract provided.
High Times: Is The Federal Legalization Of Marijuana Next? What The Food And Drug Administration Could Learn From Its Existing Regulations,
2015
J.D. Candidate, 2016, American University Washington College of Law
High Times: Is The Federal Legalization Of Marijuana Next? What The Food And Drug Administration Could Learn From Its Existing Regulations, Christopher B. Erly
American University Journal of Gender, Social Policy & the Law
This student comment examines the efficacy of marijuana being regulated by the Food and Drug Administration. The author discusses and applies potential FDA regulatory models that could be used to regulate marijuana. The comment concludes marijuana could be easily regulated under the current Food and Drug Administration regulatory scheme and suggests that marijuana should be regulated in a manner akin to tobacco rather than as a drug.
Overselling Images: Fmri And The Search For Truth, 48 J. Marshall L. Rev. 651 (2015),
2015
UIC School of Law
Overselling Images: Fmri And The Search For Truth, 48 J. Marshall L. Rev. 651 (2015), Erica Beecher-Monas, Edgar Garcia-Rill
UIC Law Review
No abstract provided.
Confronting The Overcriminalization Of America, 48 J. Marshall L. Rev. 757 (2015),
2015
John Marshall Law School
Confronting The Overcriminalization Of America, 48 J. Marshall L. Rev. 757 (2015), Timothy P. O'Neill
UIC Law Review
No abstract provided.
Silence Is Not Golden, 48 J. Marshall L. Rev. 821 (2015),
2015
UIC School of Law
Silence Is Not Golden, 48 J. Marshall L. Rev. 821 (2015), Greer Goldberg
UIC Law Review
No abstract provided.
The Smarter Sentencing Act: Achieving Fairness Through Financially Responsible Federal Sentencing Policies, 48 J. Marshall L. Rev. 911 (2015),
2015
UIC School of Law
The Smarter Sentencing Act: Achieving Fairness Through Financially Responsible Federal Sentencing Policies, 48 J. Marshall L. Rev. 911 (2015), Colleen Shannon
UIC Law Review
No abstract provided.
The Little “Black” Pill: Dressing Unlikely Murderers For Defense Success, 48 J. Marshall L. Rev. 933 (2015),
2015
UIC School of Law
The Little “Black” Pill: Dressing Unlikely Murderers For Defense Success, 48 J. Marshall L. Rev. 933 (2015), Cassandra Wich
UIC Law Review
No abstract provided.
Jones, Lackey, And Teague, 48 J. Marshall L. Rev. 961 (2015),
2015
UIC School of Law
Jones, Lackey, And Teague, 48 J. Marshall L. Rev. 961 (2015), J. Richard Broughton
UIC Law Review
In a recent, high-profile ruling, a federal court finally recognized that a substantial delay in executing a death row inmate violated the Eighth Amendment’s ban on cruel and unusual punishments. Courts have repeatedly rejected these so-called “Lackey claims,” making the federal court’s decision in Jones v. Chappell all the more important. And yet it was deeply flawed. This paper focuses on one of the major flaws in the Jones decision that largely escaped attention: the application of the non-retroactivity rule from Teague v. Lane. By comprehensively addressing the merits of the Teague bar as applied to Lackey claims, and making …
Amending Rape Shield Laws: Outdated Statutes Fail To Protect Victims On Social Media, 48 J. Marshall L. Rev. 1087 (2015),
2015
UIC School of Law
Amending Rape Shield Laws: Outdated Statutes Fail To Protect Victims On Social Media, 48 J. Marshall L. Rev. 1087 (2015), Sydney Janzen
UIC Law Review
This Comment will first discuss the discoverability and admissibility of social media evidence in criminal and/or civil sexual assault cases. Section II(A) provides a broad overview of both federal and state rape shield laws, including the legislative policies behind their enactments, as well as the modern expansion of social media in the context of the legal system. Section II(B) will address the modern utility of social media in the context of the legal system. Section III first analyzes how courts look at discoverability and admissibility of social media evidence generally, and then focuses on sexual assault cases specifically. Further, Section …
Guidelines For Guidelines: Implications Of The Confrontation Clause's Revival For Federal Sentencing, 48 J. Marshall L. Rev. 1039 (2015),
2015
UIC School of Law
Guidelines For Guidelines: Implications Of The Confrontation Clause's Revival For Federal Sentencing, 48 J. Marshall L. Rev. 1039 (2015), Sopen Shah
UIC Law Review
Scholars and commentators heavily criticize the current federal sentencing system for over-incarceration, racial disparities in outcomes, and a lack of procedural protections for criminal defendants. This Article focuses on a procedural protection recently revived by the Supreme Court’s 2004 decision in Crawford v. Washington: the Confrontation Clause of the Sixth Amendment. Though Crawford only addressed the Clause’s application during trial, the case and its reasoning have important implications for today’s federal sentencing regime under the Federal Sentencing Guidelines. Though the Supreme Court has yet to directly address the issue, I argue that lower courts incorrectly interpret an old, pre-Crawford case …
Read, White, And Blue: Prosecutors Reading Inmate Emails And The Attorney-Client Privilege, 48 J. Marshall L. Rev. 1119 (2015),
2015
UIC School of Law
Read, White, And Blue: Prosecutors Reading Inmate Emails And The Attorney-Client Privilege, 48 J. Marshall L. Rev. 1119 (2015), Danielle Burkhardt
UIC Law Review
This Comment addresses whether the attorney-client privilege should extend to emails exchanged between an inmate and his or her attorney over TRULINCS, the prison email system. Section II describes the history of the attorney-client privilege, and compares and contrasts the federal privilege with the New York state privilege in order to directly address Dr. Ahmed’s conflict. Section III juxtaposes other forms of privileged attorney-client contact with inmate emailing, and discusses the confidentiality agreement provided through the prison email system, TRULINCS. Finally, Section IV proposes a fiscally responsible, efficient, and convenient solution to the possible extension of the attorney-client privilege to …
Taking A Bite Out Of Forensic Science: The Misuse Of Accelerant-Detecting Dogs In Arson Cases, 48 J. Marshall L. Rev. 1149 (2015),
2015
UIC School of Law
Taking A Bite Out Of Forensic Science: The Misuse Of Accelerant-Detecting Dogs In Arson Cases, 48 J. Marshall L. Rev. 1149 (2015), Andrew Scott
UIC Law Review
This Comment identifies the proper uses of canine handler teams in arson investigations and trials. Part II discusses the origins of forensic science in criminal trials, the use of expert witnesses in the courtroom, the history and role of forensic science and canine handler teams in arson cases, and the problem of “junk science.” Part III analyzes the pros and cons of using canine handler teams in arson investigations and the dilemma courts face when confronted with unconfirmed canine alerts. Part IV resolves the issue of using canine handler teams in arson investigations. First, it advocates for their continued use …
Gideon’S Army And The Central Theme Of Poverty,
2015
The Catholic University of America, Columbus School of Law
Gideon’S Army And The Central Theme Of Poverty, Cara H. Drinan
Scholarly Articles
Gideon’s Army, a powerful documentary film that follows the work of three public defenders in the South, provides a window into the well documented dysfunction of most public defender offices across the country. While following the life and work of these public defenders—Travis Williams, Brandy Alexander, and June Hardwick—the viewer sees what the academic literature has documented for decades: public defenders carry caseloads that are multiples of professional guidelines; compensation for public defenders is so paltry that many are barely making ends meet; the offices in which they work are resource-starved; guilty pleas are the default; and the public …
Cesare Beccaria, John Bessler And The Birth Of Modern Criminal Law,
2015
University of Parma
Cesare Beccaria, John Bessler And The Birth Of Modern Criminal Law, Alberto Cadoppi
University of Baltimore Journal of International Law
Professor Bessler’s The Birth of American Law offers a contribution to the research on Cesare Beccaria of extraordinary value for legal historians and for legal scholars in general. Not only is the book extremely fascinating, but it gives us an enormous mass of information about the “celebrated Marquis” and his influence on the developments of the law and the legal jurisprudence in Europe and outside Europe over the last 250 years. Here follows a brief summary of Professor Bessler’s book
Prosecuting Generals For War Crimes The Shifting Sands Of Accomplice Liability In International Criminal Law,
2015
Barry University
Prosecuting Generals For War Crimes The Shifting Sands Of Accomplice Liability In International Criminal Law, Mark A. Summers
Faculty Scholarship
No abstract provided.
An Eighth Amendment Analysis Of Statutes Allowing Or Mandating Transfer Of Juvenile Offenders To Adult Criminal Court In Light Of The Supreme Court's Recent Jurisprudence Recognizing Developmental Neuroscience, Katherine I. Puzone
Faculty Scholarship
No abstract provided.
Mirandizing Terrorism Suspects? The Public Safety Exception, The Rescue Doctrine, And Implicit Analogies To Self-Defense, Defense Of Others, And Battered Woman Syndrome,
2015
University of the District of Columbia David A Clarke School of Law
Mirandizing Terrorism Suspects? The Public Safety Exception, The Rescue Doctrine, And Implicit Analogies To Self-Defense, Defense Of Others, And Battered Woman Syndrome, Bruce Ching
Journal Articles
This article argues that in creating the public safety exception to the Miranda requirements, the Supreme Court implicitly analogized to the criminal law doctrines of self-defense and defense of others. Thus, examining the justifications of self-defense and defense of others can be useful in determining the contours of the public safety exception and the related "rescue doctrine" exception. In particular, the battered woman syndrome -- which is recognized in a majority of the states and has been successfully invoked by defendants in some self-defense cases -- could provide a conceptual analogue for arguments about whether law enforcement officers were faced …
Anna Moscowitz Kross And The Home Term Part: A Second Look At The Nation's First Criminal Domestic Violence Court,
2015
University of the District of Columbia David A Clarke School of Law
Anna Moscowitz Kross And The Home Term Part: A Second Look At The Nation's First Criminal Domestic Violence Court, Mae C. Quinn
Journal Articles
No abstract provided.
The Threat Lives On: How To Exclude Expectant Mothers From Prosecution For Mere Exposure Of Hiv To Their Fetuses And Infants,
2015
Nova Southeastern University Law
The Threat Lives On: How To Exclude Expectant Mothers From Prosecution For Mere Exposure Of Hiv To Their Fetuses And Infants, Shahabudeen K. Khan
Cleveland State Law Review
There is a renewed interest in HIV/AIDS issues given that better treatment is available. The Department of Justice (DOJ), Civil Rights Division, recently published best practice guidelines to reform HIV-specific criminal laws to conform to modern science. The DOJ’s latest guidelines urge states to “reform and modernize” the laws to reflect modern science. There is a lot of unfinished work regarding the ineffectiveness and stigma associated with HIV criminal transmission laws as a whole. These laws are “no good” and counterintuitive in the fight against this unfortunate disease. There have been calls to repeal these laws in their entirety. That …
