Protecting The Family Home By Reunderstanding United States V. Bajakajian,
2014
Benjamin N. Cardozo School of Law
Protecting The Family Home By Reunderstanding United States V. Bajakajian, Yan Slavinskiy
Cardozo Law Review
No abstract provided.
Are Courts Phoning It In? Resolving Problematic Reasoning In The Debate Over Warrantless Searches Of Cell Phones Incident To Arrest,
2014
University of Washington School of Law
Are Courts Phoning It In? Resolving Problematic Reasoning In The Debate Over Warrantless Searches Of Cell Phones Incident To Arrest, Derek A. Scheurer
Washington Journal of Law, Technology & Arts
In 1973, the United States Supreme Court in United States v. Robinson granted police broad authority to search arrestees’ personal property. Robinson’s broad rule has not been significantly limited and appears increasingly anachronistic in an age of rapidly advancing mobile technologies. Whether upholding or invalidating such searches, courts have relied on reasoning that ignores or conflicts with Robinson. This Article illustrates four problematic contrivances used by state and federal courts: (1) the comparison of mobile devices to “containers; (2) the misinterpretation of United States v. Chadwick’s concept of “property not immediately associated with the person;” (3) the …
Sentencing Court Discretion And The Confused Ban On Internet Bans,
2014
University of Washington School of Law
Sentencing Court Discretion And The Confused Ban On Internet Bans, Matthew Fredrickson
Washington Journal of Law, Technology & Arts
In United States v. Wright, issued June 2013, the Sixth Circuit cited a supposed consensus among circuit courts that Internet bans are per se unreasonably broad sentences in electronic child pornography possession and distribution cases. This Article demonstrates that the Sixth Circuit’s claim of a consensus is mistaken. While some circuit courts of appeal have limited judicial sentencing discretion when it comes to imposing Internet bans, many more have not imposed this limit. Despite this lack of consensus, in cases where such bans are challenged, most courts make their decisions partly based on either the Internet’s pervasive importance in …
Introduction To The Symposium On Child Witnesses In Sexual Abuse Cases,
2014
Roger Williams University School of Law
Introduction To The Symposium On Child Witnesses In Sexual Abuse Cases, Carl T. Bogus
Law Faculty Scholarship
No abstract provided.
The Great Writ Hit: The Curtailment Of Habeas Corpus In Georgia Since 1967,
2014
University of Georgia School of Law
The Great Writ Hit: The Curtailment Of Habeas Corpus In Georgia Since 1967, Donald E. Wilkes Jr.
Scholarly Works
A welcome development, the landmark Georgia Habeas Corpus Act of 1967 modernized and vastly expanded the availability of postconviction habeas corpus relief in the Georgia court system. Since the early 1970s, however, there has been an unfortunate trend of imposing crippling restrictions on use of the Georgia writ of habeas corpus to obtain postconviction relief. Six restrictive Georgia habeas statutes, enacted between 1973 and 2004, have, among other things, reduced the number of claims which may be asserted in postconviction habeas proceedings, curtailed appeals of postconviction habeas decisions denying relief, and created a maze of procedural barriers to obtaining postconviction …
Presumed Imminence: Judicial Risk Assessment In The Post-9/11 World,
2014
Case Western Reserve University School of Law
Presumed Imminence: Judicial Risk Assessment In The Post-9/11 World, Avidan Y. Cover
Cardozo Law Review
Court opinions in the terrorism context are often distinguished by fact-finding that relates to risk assessment. These risk assessments - inherently policy decisions - are influenced by cultural cognition and by cognitive errors common to probability determinations, particularly those made regarding highly dangerous and emotional events. In a post-9/11 world, in which prevention and intelligence are prioritized over prosecution, courts are more likely to overstate the potential harm, neglect the probability, and presume the imminence of terrorist attacks. As a result, courts are apt to defer to the government and require less evidence in support of measures that curtail civil …
Teaching The Methods Of White-Collar Practice: Investigatios,
2014
American University Washington College of Law
Teaching The Methods Of White-Collar Practice: Investigatios, Roger Fairfax
Scholarly Articles in Law Reviews & Journals
When Ijoined the George Washington University Law School [GW] faculty after practice as a federal prosecutor and white-collar criminal defense attorney, I quickly learned that a GW law student interested in exploring white-collar crime had a great many courses from which to choose. Several of my full-time colleagues teach courses that cover various topics relevant to white-collar crime, including a computer crimes course, a course in criminal tax litigation, and courses on anti-corruption in government contracting and the Foreign Corrupt Practices Act [FCPA]. GW is also fortunate to have a dedicated and talented adjunct faculty, which includes a former senior …
Remaking Mexico: Law Reform As Foreign Policy,
2014
University of North Carolina
Remaking Mexico: Law Reform As Foreign Policy, Deborah M. Weissman
Cardozo Law Review
No abstract provided.
Targeted Killing: United States Policy, Constitional Law, And Due Process,
2014
Liberty University
Targeted Killing: United States Policy, Constitional Law, And Due Process, Mark Febrizio
Senior Honors Theses
The increased incorporation of targeted killing, primarily through the use of unmanned aerial vehicles, into United States policy raises salient questions regarding its consistency with the U.S. Constitution. This paper contrasts interpretations of constitutional due process with the current legal framework for conducting targeted killing operations. The Fifth Amendment to the Constitution establishes the due process owed to U.S. citizens. This paper determines that the killing of Anwar al-Awlaki, an American citizen, was accomplished in a manner inconsistent with constitutional due process and demonstrates an over-extension of executive branch power. This paper examines one scholarly recommendation that seeks to increase …
Summary Of Davis V. State, 130 Nev. Adv. Op. 16,
2014
Nevada Law Journal
Summary Of Davis V. State, 130 Nev. Adv. Op. 16, Danielle Barraza
Nevada Supreme Court Summaries
The Court clarified two issues: [1] whether battery is justifiable in self-defense under the same conditions that would justify homicide, and [2] when proposed jury instructions should be accepted by the trial court regarding justifiable battery.
Summary Of Coleman V. State, 130 Nev. Adv. Op. 22,
2014
Nevada Law Journal
Summary Of Coleman V. State, 130 Nev. Adv. Op. 22, Kylee Gloeckner
Nevada Supreme Court Summaries
The Court determined whether a person who is serving a sentence of lifetime supervision may challenge that sentence by filing a post-conviction petition for a writ of habeas corpus. Summary written by Kylee Gloeckner.
Mcmanus V. Horn: The Legality Of Setting A Single Form Of Bail,
2014
Touro University Jacob D. Fuchsberg Law Center
Mcmanus V. Horn: The Legality Of Setting A Single Form Of Bail, Maureen Wynne
Touro Law Review
No abstract provided.
One Less Juror: A Defendant's Right To Juror Substitution,
2014
Touro University Jacob D. Fuchsberg Law Center
One Less Juror: A Defendant's Right To Juror Substitution, Luzan Moore
Touro Law Review
No abstract provided.
"But My Attorney Didn't Tell Me I'D Be Deported!"--The Retroactivity Of Padilla,
2014
Touro University Jacob D. Fuchsberg Law Center
"But My Attorney Didn't Tell Me I'D Be Deported!"--The Retroactivity Of Padilla, Tara M. Breslawski
Touro Law Review
No abstract provided.
Are You Satisfied With Your Representation?--The Sixth Amendment Right To Effective Assistance Of Counsel,
2014
Touro University Jacob D. Fuchsberg Law Center
Are You Satisfied With Your Representation?--The Sixth Amendment Right To Effective Assistance Of Counsel, Dean M. Villani
Touro Law Review
No abstract provided.
An Effective But Unreported Application Of Lafler & Frye,
2014
Touro University Jacob D. Fuchsberg Law Center
An Effective But Unreported Application Of Lafler & Frye, Christopher M. Gavin
Touro Law Review
No abstract provided.
The Federal Retreat From Protecting Defendants From Tainted Show-Up Identifications And The Superiority Of New York's Approach,
2014
Touro University Jacob D. Fuchsberg Law Center
The Federal Retreat From Protecting Defendants From Tainted Show-Up Identifications And The Superiority Of New York's Approach, Stephan Josephs
Touro Law Review
No abstract provided.
Prearraignment Lineup Procedures: Are Multiple Lineups Unduly Suggestive Or Sufficiently Reliable?,
2014
Touro University Jacob D. Fuchsberg Law Center
Prearraignment Lineup Procedures: Are Multiple Lineups Unduly Suggestive Or Sufficiently Reliable?, Jared R. Artura
Touro Law Review
No abstract provided.
Is New York Achieving More Reliable And Just Convictions When The Admissibility Of A Suggestive Pretrial Identification Is At Issue?,
2014
Touro University Jacob D. Fuchsberg Law Center
Is New York Achieving More Reliable And Just Convictions When The Admissibility Of A Suggestive Pretrial Identification Is At Issue?, Matthew Gordon
Touro Law Review
No abstract provided.
You Do Not Have The Right To Remain Drunk: Expanding The Scope Of Implied Consent Through Fifth Amendment Voluntariness Standards,
2014
Touro University Jacob D. Fuchsberg Law Center
You Do Not Have The Right To Remain Drunk: Expanding The Scope Of Implied Consent Through Fifth Amendment Voluntariness Standards, Avi Goldstein
Touro Law Review
No abstract provided.
