When The Police Get The Law Wrong: How Heien V. North Carolina Further Erodes The Fourth Amendment,
2016
Loyola Marymount University and Loyola Law School
When The Police Get The Law Wrong: How Heien V. North Carolina Further Erodes The Fourth Amendment, Vivan M. Rivera
Loyola of Los Angeles Law Review
No abstract provided.
Prosecutorial Ventriloquism: People V. Tom And The Substantive Use Of Post-Arrest, Pre-Miranda Silence To Infer Consciousness Of Guilt,
2016
Loyola Marymount University and Loyola Law School
Prosecutorial Ventriloquism: People V. Tom And The Substantive Use Of Post-Arrest, Pre-Miranda Silence To Infer Consciousness Of Guilt, Joshua Bornstein
Loyola of Los Angeles Law Review
No abstract provided.
Trafficking Smuggled Migrants: An Issue Of Vulnerability,
2016
Pepperdine University, Malibu
Trafficking Smuggled Migrants: An Issue Of Vulnerability, Rachel A. Hews
Global Tides
This paper analyzes why the UN’s efforts against the sex trafficking of smuggled migrants, specifically regarding the Palermo and Smuggling Protocols, have been inadequate in preventing migrant smuggling. It concludes that the crime-based focus on prosecution overshadows prevention of the crime and protection of the victims, and that a human rights approach addressing the vulnerability of smuggled migrants would be more effective in reducing migrant smuggling long-term. Proposed solutions include decreasing both the “push” and “pull” factors of migration by ratifying existing legislation regarding basic human rights, implementing national policies that increase migrant rights in destination countries, and shifting further …
Criminal Law: Your Body Is Not Your Temple—State V. Bernard,
2016
Mitchell Hamline School of Law
Criminal Law: Your Body Is Not Your Temple—State V. Bernard, Adrian S. Lafavor-Montez
Mitchell Hamline Law Review
No abstract provided.
Understanding Offenders With Serious Mental Illness In The Criminal Justice System,
2016
Mitchell Hamline School of Law
Understanding Offenders With Serious Mental Illness In The Criminal Justice System, Jillian Peterson, Kevin Heinz
Mitchell Hamline Law Review
No abstract provided.
Improving Insanity Aftercare,
2016
Mitchell Hamline School of Law
Improving Insanity Aftercare, Amanda Joy Peters, Indira Azizi Lex
Mitchell Hamline Law Review
No abstract provided.
A Prisoner's Dilemma: The Eighth Circuit's Application Of Heck V. Humphrey To Released Prisoners,
2016
Mitchell Hamline School of Law
A Prisoner's Dilemma: The Eighth Circuit's Application Of Heck V. Humphrey To Released Prisoners, Tyler Eubank
Mitchell Hamline Law Review
No abstract provided.
Enabling The Disabled: A Proposed Framework To Reduce Discrimination Against Forensic Disability Clients Requiring Access To Programs In Prison,
2016
Mitchell Hamline School of Law
Enabling The Disabled: A Proposed Framework To Reduce Discrimination Against Forensic Disability Clients Requiring Access To Programs In Prison, Astrid Birgden
Mitchell Hamline Law Review
No abstract provided.
A Prosecutor's Comment On Mental Health Court——Realizing The Goal Of Long-Term Public Safety,
2016
Mitchell Hamline School of Law
A Prosecutor's Comment On Mental Health Court——Realizing The Goal Of Long-Term Public Safety, Karen A. Kugler
Mitchell Hamline Law Review
No abstract provided.
Hennepin County Criminal Mental Health Court: Experiences In A Large Metropolitan Mental Health Court,
2016
Mitchell Hamline School of Law
Hennepin County Criminal Mental Health Court: Experiences In A Large Metropolitan Mental Health Court, Kerry Meyer
Mitchell Hamline Law Review
No abstract provided.
The Role Of States In Shaping The Legal Debate On Medical Marijuana,
2016
Mitchell Hamline School of Law
The Role Of States In Shaping The Legal Debate On Medical Marijuana, Florence Shu-Acquaye
Mitchell Hamline Law Review
No abstract provided.
Challenges To Fingerprint Identification Evidence: Why The Courts Need A New Approach To Finality,
2016
Mitchell Hamline School of Law
Challenges To Fingerprint Identification Evidence: Why The Courts Need A New Approach To Finality, Sarah Lucy Cooper
Mitchell Hamline Law Review
No abstract provided.
Model Or Anti-Model? U.S. Regulatory Takings Doctrine In Foreign Jurisdictions,
2016
Environmental Working Group
Model Or Anti-Model? U.S. Regulatory Takings Doctrine In Foreign Jurisdictions, Melanie Benesh
Cardozo Journal of International and Comparative Law
Canada and Australia have taken a different approach to regulatory takings than Peru, despite some similarities among the countries. Like Peru, Canada and Australia both have IIAs with the United States. Like Peru, both have also addressed regulatory takings issues in their domestic jurisprudence since signing those IIAs. And like Peru, both Canada and Australia have looked to U.S. regulatory takings doctrine while developing their own domestic jurisprudence. However, unlike Peru, Canada and Australia have both ultimately decided that the U.S. regulatory takings doctrine would not be viable in their constitutional and political systems. They view U.S. regulatory takings doctrine …
Police Suspects,
2016
St. John's University School of Law
Police Suspects, Kate Levine
Faculty Publications
Recent attention to police brutality has brought to the fore how police, when they become the subject of criminal investigations, are given special procedural protections not available to any other criminal suspect. Prosecutors’ special treatment of police suspects, particularly their perceived use of grand juries to exculpate accused officers, has received the lion’s share of scholarly and media attention. But police suspects also benefit from formal affirmative rights that protect them from interrogation by other officers. Police, in most jurisdictions, have a special shield against interrogation known as the Law Enforcement Officers’ Bill of Rights (LEOBORs). These statutes and negotiated …
Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons,
2016
University of the District of Columbia
Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons, Andrew Ferguson, Stephen E. Henderson
Faculty Articles
What is the constitutional significance of the proverbial “keep off the grass” sign? This question—asked by curmudgeonly neighbors everywhere—has been given new currency in a recent decision by the United States Supreme Court. Indeed, Florida v. Jardines might have bestowed constitutional curmudgeons with significant new Fourth Amendment protections. By expressing expectations regarding—and control over—access to property, “the people” may be able to claim greater Fourth Amendment protections not only for their homes, but also for their persons, papers, and effects. This article launches a constitutionally grounded, but lighthearted campaign of citizen education and empowerment: Fourth Amendment LAWn signs. With every …
A Rose By Any Other Name: Regulating Law Enforcement Bulk Metadata Collection,
2016
University of Oklahoma College of Law
A Rose By Any Other Name: Regulating Law Enforcement Bulk Metadata Collection, Stephen E. Henderson
Faculty Articles
In Other People’s Papers, Jane Bambauer argues for careful reform of the Fourth Amendment’s third party doctrine, providing an important contribution to an increasingly rich field of scholarship, judicial opinion, statute, and law reform. Bambauer is especially concerned with access to bodies of third-party data that can be filtered and mined, as they can be privacy invasive but also effective and less subject to traditional investigative prejudices and limitations. Although her article provocatively overclaims in trying to set itself apart from existing proposals, by analyzing existing constitutional and statutory law—including what I have termed a “limited” third party doctrine—and comparing …
Race To Incarcerate: The Causes And Consequences Of Mass Incarceration,
2016
Executive Director, The Sentencing Project
Race To Incarcerate: The Causes And Consequences Of Mass Incarceration, Marc Mauer
Roger Williams University Law Review
No abstract provided.
Rhode Island Department Of Corrections: Presentation,
2016
Roger Williams University
Rhode Island Department Of Corrections: Presentation, Caitlin O'Connor, Danielle Barron
Roger Williams University Law Review
No abstract provided.
A Matter Of Balance: Mathews V. Eldridge Provides The Procedural Fairness Rhode Island's Judiciary Desperately Needs,
2016
J.D. Roger Williams University School of Law, 2016
A Matter Of Balance: Mathews V. Eldridge Provides The Procedural Fairness Rhode Island's Judiciary Desperately Needs, Brett Beaubien
Roger Williams University Law Review
No abstract provided.
H.O.P.E. Court, Rhode Island's Federal Reentry Court: The First Year,
2016
United States District Court for the District of Rhode Island
H.O.P.E. Court, Rhode Island's Federal Reentry Court: The First Year, Patricia A. Sullivan, Michael J. Primeau, Timothy K. Baldwin
Roger Williams University Law Review
No abstract provided.
