Fourth Amendment Anxiety,
2018
New York University
Fourth Amendment Anxiety, Kiel Brennan-Marquez, Stephen E. Henderson
Faculty Articles
In Birchfield v. North Dakota (2016), the Supreme Court broke new Fourth Amendment ground by establishing that law enforcement’s collection of information can be cause for “anxiety,” meriting constitutional protection, even if subsequent uses of the information are tightly restricted. This change is significant. While the Court has long recognized the reality that police cannot always be trusted to follow constitutional rules, Birchfield changes how that concern is implemented in Fourth Amendment law, and importantly, in a manner that acknowledges the new realities of data-driven policing. Beyond offering a careful reading of Birchfield, this Article has two goals. First, …
A Few Criminal Justice Big Data Rules,
2018
University of Oklahoma College of Law
A Few Criminal Justice Big Data Rules, Stephen E. Henderson
Faculty Articles
As with most new things, the big data revolution in criminal justice has historic antecedents—indeed, a 1965 Presidential Commission called for some of the same data analysis that police departments and courts are today developing and implementing. But there is no doubt we are on the precipice of a criminal justice data revolution, and it is a good time to take stock and to begin developing guidelines so that, as much as possible, criminal justice systems might reap the benefits and avoid the pitfalls of this newly data-centric world. In that spirit, I propose ten high-level rules to guide criminal …
2017 Survey Of Rhode Island Law: Cases And Public Laws Of Note,
2018
Roger Williams University
2017 Survey Of Rhode Island Law: Cases And Public Laws Of Note
Roger Williams University Law Review
No abstract provided.
The "Primary Purpose" Of Children's Advocacy Centers: How Ohio V. Clark Revolutionized Children's Hearsay,
2018
J.D. 2018, Roger Williams University School of Law
The "Primary Purpose" Of Children's Advocacy Centers: How Ohio V. Clark Revolutionized Children's Hearsay, Andrew Lentz
Roger Williams University Law Review
No abstract provided.
"Dangerous Instruments": A Case Study In Overcriminalization,
2018
Saint Louis University School of Law
"Dangerous Instruments": A Case Study In Overcriminalization, Chad Flanders, Desiree Austin-Holliday
All Faculty Scholarship
Many states - including Missouri - have provisions that provide greater punishment for some felonies that are committed with, or by the use of, a .. deadly weapon" or "dangerous instrument."1 The definition o f "deadly weapon" tends to be pretty straightforward, usually a list that includes several specific items that just are deadly weapons, such as guns and knives.2 "Dangerous instrument" is deliberately left as a broader, more capacious term - defined not in terms o f a list o f instruments but in terms of those things that could be easily or "readily" used to cause serious physical …
Keeping The Rule Of Law Simple: Comments On Gowder, The Rule Of Law In The Real World,
2018
Saint Louis University School of Law
Keeping The Rule Of Law Simple: Comments On Gowder, The Rule Of Law In The Real World, Chad Flanders
All Faculty Scholarship
Let me start by just stating my experience of reading The Rule of Law in the Real World1 because it will help make sense of the structure of my remarks. The first third of the book: I am utterly convinced, even blown away, by the elegance and persuasiveness of the argument and the analysis; even when there is merely a summary, I am helped and bettered by it. The second third of the book: I am inclined, based on the enormous goodwill generated by the first third of the book to accept-almost uncritically-the historical discussion and the conclusions drawn …
How Much Certainty Do We Need To Punish? A Reply To Kolber,
2018
Saint Louis University School of Law
How Much Certainty Do We Need To Punish? A Reply To Kolber, Chad Flanders
All Faculty Scholarship
Scene: Outside Brooklyn Law School, mid-morning. CHADF, a law professor, reads something on his phone while waiting for an Uber. He is holding a cup of coffee in his other hand. KOLBERT, also a law professor, is walking quickly, deep into editing his latest law review article, mostly oblivious to the outside world. KOLBERT collides with CHADF, causing him to spill coffee all over his shirt.
Alternative Systems Of Crime Control. National, Transnational, And International Dimensions,
2018
Max Planck Institute for the Study of Crime, Security and Law (formerly Max Planck Institute for Foreign and International Criminal Law); Max Planck Society for the Advancement of the Sciences - Max Planck Institute for Foreign and International Criminal Law
Alternative Systems Of Crime Control. National, Transnational, And International Dimensions, Emmanouil Billis, Ulrich Sieber, Valsamis Mitsilegas, Christos Mylonopoulos, Knust Nandor, Lorena Bachmaier Winter, Chrisje Brants, Thierry Delpeuch, Jacqueline E. Ross, Stephen C. Thaman, Niovi Vavoula, John A.E. Vervaele, Philipp Ambach, Nils Andrzejewski, Florian Jessberger, James Stewart, Nikos Theodorakis
All Faculty Scholarship
The typical trial-oriented systems of criminal justice that are primarily based on the strict application of substantive criminal law have reached their functional and logistical limits in most parts of the modern legal world. As a result, new sanction models, less formal, administrative, and discretionary case disposals, plea bargaining arrangements, and other alternative procedural and transitional justice mechanisms have emerged at unprecedented levels in national and international legal orders affiliated both with the civil law and the common law tradition. These normative constructs and practices aim at abbreviating, simplifying, or circumventing the conventional criminal investigation and prosecution. They seek to …
Personal Benefit Has No Place In Misappropriation Tipping Cases,
2018
Columbia Law School
Personal Benefit Has No Place In Misappropriation Tipping Cases, Merritt B. Fox, George N. Tepe
Faculty Scholarship
The Supreme Court’s decision in Salman v. United States left unanswered an important issue concerning the reach of Rule 10b-5’s prohibitions with respect to trades based on a tip of material inside information: in cases based on the misappropriation theory, is it necessary to show that the tipper enjoyed a personal benefit of which the trader was aware? The personal benefit test was originally developed in the context of tipping cases based on the classical theory of insider trading. The Supreme Court in Salman explicitly said that it was not reaching the matter of whether the test should be extended …
Table Of Contents,
2018
Loyola University Chicago, School of Law
Table Of Contents, Public Interest Law Reporter
Public Interest Law Reporter
No abstract provided.
Sexual Orientation Discrimination Under Title Vii,
2018
Loyola University Chicago, School of Law
Sexual Orientation Discrimination Under Title Vii, Joseph Camper
Public Interest Law Reporter
No abstract provided.
Waiting On A Turnaround: The Student Loan Debt Crisis,
2018
Loyola University Chicago, School of Law
Waiting On A Turnaround: The Student Loan Debt Crisis, Michelle Tinajero
Public Interest Law Reporter
No abstract provided.
Policing The Police: The Fight Between Transparency And Censorship,
2018
Loyola University Chicago, School of Law
Policing The Police: The Fight Between Transparency And Censorship, Mercades White
Public Interest Law Reporter
No abstract provided.
The Earned Income Tax Credit: The Means Tested Welfare That Works,
2018
Loyola University Chicago, School of Law
The Earned Income Tax Credit: The Means Tested Welfare That Works, Maha Sadek
Public Interest Law Reporter
The Earned Income Tax Credit ("EITC") is a means tested "refundable tax credit for lower-income workers," that was introduced in 1975. This article will focus on the federal EITC through a brief history, its current eligibility requirements, and the possibility of an expansion for childless workers.
Is Mediation The Future For Settling Disputes?,
2018
Loyola University Chicago, School of Law
Is Mediation The Future For Settling Disputes?, Fabiola De Armas
Public Interest Law Reporter
No abstract provided.
Thousands Of Immigrants Face Deportation,
2018
Loyola University Chicago, School of Law
Thousands Of Immigrants Face Deportation, Jon Santiago
Public Interest Law Reporter
No abstract provided.
The Effects Of The New Tax Law On Health Care,
2018
Loyola University Chicago, School of Law
The Effects Of The New Tax Law On Health Care, Jennifer Straka
Public Interest Law Reporter
No abstract provided.
Table Of Contents,
2018
Loyola University Chicago, School of Law
Table Of Contents, Public Interest Law Reporter
Public Interest Law Reporter
No abstract provided.
Restorative Justice In Illinois: A Holistic Approach To Reformation And Juveniles In Conflict With The Law,
2018
Loyola University Chicago, School of Law
Restorative Justice In Illinois: A Holistic Approach To Reformation And Juveniles In Conflict With The Law, Emily Knox
Public Interest Law Reporter
No abstract provided.
Regulating The Porn Industry: Change From The Inside,
2018
Loyola University Chicago, School of Law
Regulating The Porn Industry: Change From The Inside, Claire Mellish
Public Interest Law Reporter
No abstract provided.
