Addressing Due Process Concerns: Evaluating Proposals For Civil Asset Forfeiture Reform,
2020
University of Florida Levin College of Law
Addressing Due Process Concerns: Evaluating Proposals For Civil Asset Forfeiture Reform, Kelly Milliron
Florida Law Review
Civil asset forfeiture compromises criminal due process protections for the sake of allowing the government to take property from citizens and pocket the profits. Within the last decade, several news outlets have reported instances where law enforcement agencies took property from citizens–without arresting or convicting them–and spent the proceeds from seized cash, homes, or vehicles on their own agencies. Because the government is often only required to prove that the property was associated with criminal activity by a preponderance of the evidence, many citizens are left without the resources or ability to defend their property, even when they are innocent. …
A Threat Assessment Framework For Lone-Actor Terrorists,
2020
University of Surrey School of Law
A Threat Assessment Framework For Lone-Actor Terrorists, Melissa Hamilton
Florida Law Review
Lone-actor terrorist attacks are on the rise in the Western world in terms of numbers and severity. Public officials are eager for an evidence-based tool to assess the risk that individuals pose for terroristic involvement. Yet actuarial models of risk validated for ordinary criminal violence are unsuitable to terrorism. Lone-actor terrorists vary dramatically in their socio-psychological profiles and the base rate of terrorism is too low for actuarial modeling to achieve statistical significance. This Article proposes a new conceptual model for the terroristic threat assessment of individuals. Unlike risk assessment that is founded upon numerical probabilities, this threat assessment considers …
Going Rogue: Independent Grand Juries Throughout America,
2020
University of Maine School of Law
Going Rogue: Independent Grand Juries Throughout America, Nino Monea
Maine Law Review
Grand juries today do little more than passively approve (almost never disapprove) indictments proposed by prosecutors. But this stands in stark contrast to grand juries in the past. They investigated cases themselves and their purview went well beyond criminal matters. This Article looks in-depth at three historical cases where grand juries not only conducted major investigations but took on major additional roles. They ousted corrupt public officials, ran their cities in the interim, or booted prosecutors that failed to do their jobs. These examples demonstrate that grand juries in modern society could have a more robust role in the justice …
Corruption In The Maritime Industry : Manifestations And The Possibilities To Address It By Educational Measures,
2020
World Maritime University
Corruption In The Maritime Industry : Manifestations And The Possibilities To Address It By Educational Measures, Karlson Chitata Sama
World Maritime University Dissertations
No abstract provided.
Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment,
2020
Dalhousie University Schulich School of Law
Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
The African Continental Free Trade Area Agreement (AfCFTA) will add a new dispute settlement system to the plethora of judicial mechanisms designed to resolve trade disputes in Africa. Against the discontent of Member States and limited impact the existing highly legalized trade dispute settlement mechanisms have had on regional economic integration in Africa, this paper undertakes a preliminary assessment of the AfCFTA Dispute Settlement Mechanism (DSM). In particular, the paper situates the AfCFTA-DSM in the overall discontent and unsupportive practices of African States with highly legalized dispute settlement systems and similar WTO-Styled DSMs among other shortcomings. Notwithstanding the transplantation of …
Incorporating Social Science Into Criminal Defense Practice,
2020
University of Michigan Law School
Incorporating Social Science Into Criminal Defense Practice, Eve Brensike Primus
Articles
In recent decades, social scientists have created a treasure trove of empirical and sociological data that defenders can and should use to help their clients. Evidence rules, criminal law, and criminal procedure are filled with concepts informed by social science. When is evidence likely to unfairly prejudice a defendant in the eyes of a jury? Do police interact differently with members of minority populations and how should that inform concepts of reasonableness? How easy or difficult is it for people to identify individuals they see during high-stress criminal episodes? How effective are police interrogation tactics at getting at the truth …
Criminal Law And Procedure,
2020
University of Richmond
Criminal Law And Procedure, Brittany A. Dunn-Pirio, Timothy J. Huffstutter, Sharon M. Carr, Mason D. Williams
University of Richmond Law Review
This Article surveys recent developments in criminal procedure and law in Virginia. Because of space limitations, the authors have limited their discussion to the most significant published appellate decisions and legislation.
The Due Process Of Bail,
2020
Texas A&M University School of Law
The Due Process Of Bail, Jenny E. Carroll
Faculty Scholarship
The Due Process Clause is a central tenet of criminal law’s constitutional canon. Yet defining precisely what process is due a defendant is a deceptively complex proposition. Nowhere is this more true than in the context of pretrial detention, where the Court has relied on due process safeguards to preserve the constitutionality of bail provisions. This Essay considers the lay of the bail due process landscape through the lens of the district court’s opinion in O’Donnell v. Harris County and the often convoluted historical description of pretrial due process. Even as the O’Donnell court failed to characterize pretrial process as …
Structural Sensor Surveillance,
2020
American University Faculty Account
Structural Sensor Surveillance, Andrew Guthrie Ferguson
Scholarly Articles in Law Reviews & Journals
City infrastructure is getting smarter. Embedded smart sensors in roads, lampposts, and electrical grids offer the government a way to regulate municipal resources and the police a new power to monitor citizens. This structural sensor surveillance, however, raises a difficult constitutional question: Does the creation of continuously-recording, aggregated, long-term data collection systems violate the Fourth Amendment? After all, recent Supreme Court cases suggest that technologies that allow police to monitor location, reveal personal patterns, and track personal details for long periods of time are Fourth Amendment searches which require a probable cause warrant. This Article uses the innovation of smart …
Big Brother Is Watching: Law Enforcement's Use Of Digital Technology In The Twenty-First Century,
2020
Temple University
Big Brother Is Watching: Law Enforcement's Use Of Digital Technology In The Twenty-First Century, Samuel D. Hodge Jr.
University of Cincinnati Law Review
No abstract provided.
The Weaponization Of The “Alien Harboring” Statute In A New-Era Of Racial Animus Towards Immigrants,
2020
Seattle University School of Law
The Weaponization Of The “Alien Harboring” Statute In A New-Era Of Racial Animus Towards Immigrants, Hannah Hamley
Seattle University Law Review
Federal law 8 U.S.C. § 1324(a)(1)(A)(iii), commonly referred to as the “Alien Harboring” statute, was passed sixty-eight years ago and has been used as a weapon against immigrants and their allies. Spanning back decades, numerous scholars, alarmed by the dangerous use of the statute, have written about its muddled congressional intent and the unclear definition of “harboring.” These issues continue to be relevant and are foundational concerns with the enforcement of the harboring statute. However, in the era of President Donald J. Trump, we are faced with a new danger. We are confronted with an Administration that is ferociously anti-immigrant …
Justice Sonia Sotomayor: The Court’S Premier Defender Of The Fourth Amendment,
2020
Seattle University School of Law
Justice Sonia Sotomayor: The Court’S Premier Defender Of The Fourth Amendment, David L. Hudson Jr.
Seattle University Law Review
This essay posits that Justice Sotomayor is the Court’s chief defender of the Fourth Amendment and the cherished values it protects. She has consistently defended Fourth Amendment freedoms—in majority, concurring, and especially in dissenting opinions. Part I recounts a few of her majority opinions in Fourth Amendment cases. Part II examines her concurring opinion in United States v. Jones. Part III examines several of her dissenting opinions in Fourth Amendment cases. A review of these opinions demonstrates what should be clear to any observer of the Supreme Court: Justice Sotomayor consistently defends Fourth Amendment principles and values.
“Don’T Move”: Redefining “Physical Restraint” In Light Of A United States Circuit Court Divide,
2020
Seattle University School of Law
“Don’T Move”: Redefining “Physical Restraint” In Light Of A United States Circuit Court Divide, Julia Knitter
Seattle University Law Review
To reduce sentencing disparities and clarify the application of the sentencing guide to the physical restraint enhancement for a robbery conviction, this Comment argues that the United States Sentencing Commission (USSC) must amend the USSC Guidelines Manual to provide federal courts with a clearer and more concise definition of physical restraint. Additionally, although there are many state-level sentencing systems throughout the United States, this Comment only focuses on the federal sentencing guidelines for robbery because of the disparate way in which these guidelines are applied from circuit to circuit.
Enough Is As Good As A Feast,
2020
Seattle University School of Law
Enough Is As Good As A Feast, Noah C. Chauvin
Seattle University Law Review
Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.
Argument Analysis: Justices Spar Over Stare Decisis, Originalism, Text And What Counts As A Fourth Amendment “Seizure”,
2020
William & Mary Law School
Argument Analysis: Justices Spar Over Stare Decisis, Originalism, Text And What Counts As A Fourth Amendment “Seizure”, Jeffrey Bellin
Popular Media
No abstract provided.
Case Preview: When Is A Fleeing Suspect “Seized”?,
2020
William & Mary Law School
Case Preview: When Is A Fleeing Suspect “Seized”?, Jeffrey Bellin
Popular Media
The Fourth Amendment prohibits unreasonable “searches” and “seizures.” On Wednesday, the Supreme Court is scheduled to hear oral argument in Torres v. Madrid, a case that will provide important guidance on what constitutes a Fourth Amendment seizure. Here’s a rundown of the case starting with the relevant facts and procedural history, followed by a discussion of the legal issues and finally a couple of things to watch for at the argument.
New York Bail Reform: A Quick Guide To Common Questions And Concerns,
2020
Boston University School of Law
New York Bail Reform: A Quick Guide To Common Questions And Concerns, Emmanuel Hiram Arnaud, Beulah Sims-Agbabiaka
Faculty Scholarship
In the wake of New York state passing comprehensive bail reform in 2019, legislators encountered fervent backlash. That backlash prompted several amendments, but many questions concerning the practical effects of the reforms remain. In this Essay, we explore the history of bail in New York, the amendments, and provide answers to some of the biggest questions and concerns surrounding bail reform in New York and elsewhere.
The Sacred Fourth Amendment Text,
2020
Vanderbilt University
The Sacred Fourth Amendment Text, Christopher Slobogin
Michigan Law Review Online
The Supreme Court’s jurisprudence governing the Fourth Amendment’s “threshold”—a word meant to refer to the types of police actions that trigger the amendment’s warrant and reasonableness requirements—has confounded scholars and students alike since Katz v. United States. Before that 1967 decision, the Court’s decisions on the topic were fairly straightforward, based primarily on whether the police trespassed on the target’s property or property over which the target had control. After that decision—which has come to stand for the proposition that a Fourth Amendment search occurs if police infringe an expectation of privacy that society is prepared to recognize as …
It Is Time To Get Back To Basics On The Border,
2020
St. Mary's University
It Is Time To Get Back To Basics On The Border, Donna Coltharp
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Gps Tracking At The Border: A Mistaken Expectation Or A Chilling Reality,
2020
Washington and Lee University School of Law
Gps Tracking At The Border: A Mistaken Expectation Or A Chilling Reality, Kimberly Shi
Washington and Lee Journal of Civil Rights and Social Justice
In 2018, Matthew C. Allen, the Assistant Director for the Domestic Operations Division within the United States Department of Homeland Security, filed a declaration in United States v. Ignjatov describing a departmental policy allowing for the installation of a “GPS tracking device on a vehicle at the United States border without a warrant or individualized suspicion,” limited “to 48 hours.” While the Border Search Doctrine, which predates the Fourth Amendment, deems that no warrant is necessary at the border for most searches and seizures because of the government’s inherent power to control who or what comes within a nation’s borders, …
