Get Off My Porch: United States V. Carloss And The Escalating Dangers Of “Knock And Talks”,
2018
University of Oklahoma College of Law
Get Off My Porch: United States V. Carloss And The Escalating Dangers Of “Knock And Talks”, Skyler K. Sikes
Oklahoma Law Review
No abstract provided.
United States V. Carloss: Should The Police Act Like Good Neighbors?,
2018
University of Oklahoma College of Law
United States V. Carloss: Should The Police Act Like Good Neighbors?, Cole Mclanahan
Oklahoma Law Review
No abstract provided.
The Emerging Liability Doctrine Of State/Municipal Liability,
2018
William & Mary Law School
The Emerging Liability Doctrine Of State/Municipal Liability, Martin Lockman
Faculty Publications
This Note proposes that courts should adopt a standard for judging state supervision of municipal delegations analogous to the standards for "supervisory liability" under 42 U.S.C. § 1983, as developed by Monell v. Dep't of Soc. Servs. of New York and subsequent case law. Specifically, this Note proposes that a state officer's action or inaction should be considered a violation of federal law for the purposes of seeking injunctive relief when the officer's supervision of delegated municipal power demonstrates a deliberate indifference to municipal violations of federal rights. Further, this Note argues that a number of courts have already applied …
Equal Protection Under The Carceral State,
2018
University of Colorado Law School
Equal Protection Under The Carceral State, Aya Gruber
Publications
McCleskey v. Kemp, the case that upheld the death penalty despite undeniable evidence of its racially disparate impact, is indelibly marked by Justice William Brennan’s phrase, “a fear of too much justice.” The popular interpretation of this phrase is that the Supreme Court harbored what I call a “disparity-claim fear,” dreading a future docket of racial discrimination claims and erecting an impossibly high bar for proving an equal protection violation. A related interpretation is that the majority had a “color-consciousness fear” of remedying discrimination through race-remedial policies. In contrast to these conventional views, I argue that the primary anxiety …
Legal Dilemmas In Releasing Indonesia’S Political Prisoners,
2017
City University of Hong Kong
Legal Dilemmas In Releasing Indonesia’S Political Prisoners, Daniel Pascoe
Indonesia Law Review
In May 2015, in an effort to foster peace in the restive Papua and West Papua Provinces, Indonesian President Joko ‘Jokowi’ Widodo granted clemency to five political prisoners, releasing them from sentences ranging from 20 years to life. The president also stated that there would be ‘a follow-up granting clemency or amnesty to other [political prisoners] in other regions’ (Jakarta Post, 10 May 2015). However, with up to 50 political prisoners still incarcerated in prisons around Indonesia (mostly Papuan and Moluccan separatists), Jokowi’s selective release policy faces several legal and political obstacles. This article outlines the various options open to …
Brown V. Eighth Judicial Dist. Ct, 133 Nev. Adv. Op. 113 (December 28, 2017,
2017
University of Nevada, Las Vegas -- William S. Boyd School of Law
Brown V. Eighth Judicial Dist. Ct, 133 Nev. Adv. Op. 113 (December 28, 2017, Ebeth Rocio Palafox
Nevada Supreme Court Summaries
The Court clarified the definition of an indigent person and the demonstration of need sufficient required for an indigent person’s request for defense services. The Court additionally held that Widdis v. Second Judicial Dist. Court does not require an indigent defendant to request a sum certain before the consideration or granting of a motion for defense services at public expense.
The Fourth Amendment Disclosure Doctrines,
2017
William & Mary Law School
The Fourth Amendment Disclosure Doctrines, Monu Bedi
William & Mary Bill of Rights Journal
The third party and public disclosure doctrines (together the “disclosure doctrines”) are long-standing hurdles to Fourth Amendment protection. These doctrines have become increasingly relevant to assessing the government’s use of recent technologies such as data mining, drone surveillance, and cell site location data. It is surprising then that both the Supreme Court and scholars, at times, have associated them together as expressing one principle. It turns out that each relies on unique foundational triggers and does not stand or fall with the other. This Article tackles this issue and provides a comprehensive topology for analyzing the respective contours of each …
It's Still Too Easy To Push Blacks, Minorities Off Of Juries,
2017
William & Mary Law School
It's Still Too Easy To Push Blacks, Minorities Off Of Juries, Jeffrey Bellin
Popular Media
No abstract provided.
Doe V. State Ex Rel. Legislature Of The 77th Session, 133 Nev. Adv. Op. 93 (Dec. 7, 2017),
2017
University of Nevada, Las Vegas -- William S. Boyd School of Law
Doe V. State Ex Rel. Legislature Of The 77th Session, 133 Nev. Adv. Op. 93 (Dec. 7, 2017), Shady Sirsy
Nevada Supreme Court Summaries
The Nevada Supreme Court held that (1) a medical marijuana registry in Nevada does not encroach upon a medical marijuana user’s fundamental right; (2) the registry is rationally related to legitimate state interests beneficial to the public; and (3) the registry does not implicate a registrant’s right against self-incrimination.
Revisiting The Voluntariness Of Confessions After State V. Sawyer,
2017
University of Maine School of Law
Revisiting The Voluntariness Of Confessions After State V. Sawyer, Michael Theodore Bigos
Maine Law Review
Every individual in our society needs confidence in our criminal justice system to know that one cannot be convicted of a crime unless a fact finder is convinced of every necessary element with the highest assurances of the truth. The process of establishing facts in a criminal trial is highly dependent upon how decision-making power is allocated between the judge and the jury and upon the fairness of that allocation. This Note discusses the areas of confession law and burdens of proof in the context of how federal criminal constitutional doctrines that affect the fact-finding process offer less than clear …
Close Enough For Government Work: Proving Minimal Nexus In A Federal And Firearms Conviction: United States V. Corey,
2017
University of Maine School of Law
Close Enough For Government Work: Proving Minimal Nexus In A Federal And Firearms Conviction: United States V. Corey, Barbara H. Taylor
Maine Law Review
In United States v. Corey, Alvin Scott Corey was found guilty of possessing a firearm as a felon. Although Corey's possession of a Smith and Wesson shotgun violated Maine law, Corey was prosecuted in the United States District Court under the federal statute 18 U.S.C. § 922(g)(1) and its penalty statute, § 924(e). On appeal, Corey argued that one of the requirements for his conviction, proof of the statute's jurisdictional element, had not been satisfied because that proof rested on expert testimony based, in part, on hearsay. The First Circuit Court of Appeals, in a split decision, affirmed Corey's conviction, …
Scientific Evidence And Forensic Science Since Daubert: Maine Decides To Sit Out On The Dance,
2017
University of Maine School of Law
Scientific Evidence And Forensic Science Since Daubert: Maine Decides To Sit Out On The Dance, Thomas L. Bohan
Maine Law Review
In 1993, the Supreme Court of the United States stated that with the federal adoption of statutory rules of evidence in 1975, the common law rule for determining admissibility of scientific testimony was superseded, and that thenceforth admissibility of scientific testimony was to be determined solely by Federal Rule of Evidence 702 (Rule 702). The Frye standard had been adopted in one form or another by most of the federal circuits and by many of the state courts during the 70 years preceding Daubert. Referred to as the “general acceptance” standard, the Frye standard--although adopted in a variety of forms--had …
A Proposal To Change Sentencing Appeals In Arkansas,
2017
University of Arkansas Little Rock
A Proposal To Change Sentencing Appeals In Arkansas, Anthony L. Mcmullen
University of Arkansas at Little Rock Law Review
No abstract provided.
Policy Paper: The Need To Enhance Victims’ Rights In The Florida Constitution To Fully Protect Crime Victims’ Rights,
2017
S.J. Quinney College of Law, University of Utah
Policy Paper: The Need To Enhance Victims’ Rights In The Florida Constitution To Fully Protect Crime Victims’ Rights, Paul Cassell, Margaret Garvin
Utah Law Faculty Scholarship
Given the emerging consensus concerning victims' rights as reflected in many state constitutions as well as in federal law, Florida should not simply rest on the nearly thirty-year-old provison currently in its constitution. Instead, Florida should, through its established and recognized procedures, expand the protections contained in its provision to cover the rights reflected in provisions enacted across the country and reflected in Marsy's Law.
Introduction Of Videotaping Of Interrogations And The Lessons Of The Imaichi Case: A Case Of Conventional Criminal Justice Policy-Making In Japan,
2017
University of Washington School of Law
Introduction Of Videotaping Of Interrogations And The Lessons Of The Imaichi Case: A Case Of Conventional Criminal Justice Policy-Making In Japan, Setsuo Miyazawa, Mari Hirayama
Washington International Law Journal
Malcolm M. Feeley examined cases of criminal justice reform in the United States, where reforms can be conceived and initiated in a very open structure, but implementation of the introduced reforms can be handed over to highly fragmented implementers. The story of mandatory videotaping of interrogations and accompanying changes in Japan demonstrates the reform process at the other end of the scale, where the members of the criminal justice establishment can exert a strong influence even at the conception and initiation stages, and have even stronger control at the implementation and routinization stages. We believe that Feeley’s theoretical framework can …
Criminal Court Reform In Taiwan: A Case Of Fragmented Reform In A Not-Fragmented Court System,
2017
University of Washington School of Law
Criminal Court Reform In Taiwan: A Case Of Fragmented Reform In A Not-Fragmented Court System, Kai-Ping Su
Washington International Law Journal
This Article examines the character of Taiwan’s criminal court system and proposed court reforms. Taiwan’s criminal court is a not-fragmented system, distinct from the fragmented American criminal court. In fact, with hierarchical control in prosecutorial rulings and central administration of judicial decision-making, Taiwan’s criminal court system can be deemed a relatively centralized and bureaucratic organization. Given this context, when Taiwan’s criminal justice system disappoints the people, judges take the blame for the failures of the system. To resolve the serious problem of public distrust in judges and the court system, Taiwan’s government and the judicial authority make “responding to expectations …
Report On The Texas Legislature, 85th Session: An Urban Perspective-Criminal Justice Edition,
2017
Thurgood Marshall School of Law
Report On The Texas Legislature, 85th Session: An Urban Perspective-Criminal Justice Edition, Sarah R. Guidry, Zahra Buck Whitfield, Amber K. Walker, Marshaun Williams, Grady Paris
The Bridge: Interdisciplinary Perspectives on Legal & Social Policy
In Texas, the legislature meets every 2 years and at the end of a regular legislative session, hundreds of passed bills will have been sent to the governor for approval. The large number of bills and the wide range of topics they cover can make it difficult to gain an understanding of all the new laws that were passed. At the close of each legislative session the Earl Carl Institute publishes, for the benefit of its constituents, highlights from the session in a bi-annual legislative report. In this year’s publication entitled Report on the Texas Legislature, 85th Session: An Urban …
Collins V. State, 133 Nev. Adv. Op. 88 (Nov. 22, 2017),
2017
University of Nevada, Las Vegas -- William S. Boyd School of Law
Collins V. State, 133 Nev. Adv. Op. 88 (Nov. 22, 2017), Casey Lee
Nevada Supreme Court Summaries
The court determined that (1) the district court may constitutionally remove a criminal defendant from the courtroom for disrupting courtroom procedure, (2) a defendant does not have the right to appear at trial in shackles, (3) testimony about a detective’s investigation leading to the defendant’s arrest is not opinion about the defendant’s guilt, (4) the district court may decide not to instruct a jury on a lesser-included offense if no evidence on the record establishes an element of that offense, and (5) a specific cause of death is not required to find that a person’s death was caused by criminal …
Distinguished Jurist-In-Residence Lecture: Sentencing Reform: When Everyone Behaves Badly,
2017
University of Maine School of Law
Distinguished Jurist-In-Residence Lecture: Sentencing Reform: When Everyone Behaves Badly, Nancy Gertner
Maine Law Review
Sentencing is different from almost all functions of the government and surely different from the other functions of the judiciary. It is the moment when state power meets an individual directly. It necessarily involves issues that are distinct from those in other areas of the law. It requires a court to focus on the defendant, to craft a punishment proportionate to the offense and to the offender. It should come as no surprise that in countries across the world, common law and civil code, totalitarian and free, judges have been given great discretion in sentencing. To be sure, that power …
Farmer V. State, 133 Nev. Adv. Op. 86 (Nov. 16, 2017),
2017
University of Nevada, Las Vegas -- William S. Boyd School of Law
Farmer V. State, 133 Nev. Adv. Op. 86 (Nov. 16, 2017), Maliq Kendricks
Nevada Supreme Court Summaries
The Nevada Supreme Court determined that (1) Under NRS 173.115(2), separate offenses may be joined against a defendant when they are committed as parts of a common scheme where the defendant’s separate crimes share features idiosyncratic in character; and (2) under NRS 174.165(1), joinder is proper in situations where a defendant commits similar offenses in separate instances.
