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Rise Of The Mosaic Theory: Implications For Cell Site Location Tracking By Law Enforcement, 32 J. Marshall J. Info. Tech. & Privacy L. 236 (2016), Lance Selva, William Shulman, Robert Rumsey 2016 UIC School of Law

Rise Of The Mosaic Theory: Implications For Cell Site Location Tracking By Law Enforcement, 32 J. Marshall J. Info. Tech. & Privacy L. 236 (2016), Lance Selva, William Shulman, Robert Rumsey

UIC John Marshall Journal of Information Technology & Privacy Law

The authors examine the unique legal and privacy implications that cell site location information tracking by law enforcement poses for current Fourth Amendment jurisprudence. Following a brief explanation of how cell phone tracking works, their discussion is directed to the concept of privacy under the Fourth Amendment both prior to and following the seminal Supreme Court decision of Katz v. United States (1967), including a review of the Supreme Court’s historical treatment of tracking devices post-Katz. Consideration is then directed to the United States. v. Maynard (2010) decision, where the court employed the “mosaic” theory in a Fourth …


Rfid Implementation: Testing In Prisons And Parolees For The Greater Good, 33 J. Marshall J. Info. Tech. & Privacy L. 22 (2016), Mirko Akrap 2016 UIC School of Law

Rfid Implementation: Testing In Prisons And Parolees For The Greater Good, 33 J. Marshall J. Info. Tech. & Privacy L. 22 (2016), Mirko Akrap

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Ua12/8 Annual Campus Safety & Security Report, WKU Police 2016 Western Kentucky University

Ua12/8 Annual Campus Safety & Security Report, Wku Police

WKU Administration Documents

A statement of current campus policies regarding procedures for students and others to report criminal actions or other emergencies occurring on campus and policies concerning the institution's response to such reports.


Law Enforcement Officers' Experiences Of Exposure To Trauma, Michelle B. Nirenberg, Robyn Trippany-Simmons, Tiffany C. Rush-Wilson 2016 Walden University

Law Enforcement Officers' Experiences Of Exposure To Trauma, Michelle B. Nirenberg, Robyn Trippany-Simmons, Tiffany C. Rush-Wilson

Walden Faculty and Staff Publications

Violent, traumatic, and stressful work situations are common for law enforcement officers (LEOs). LEOs are susceptible to stressful situations that impact their emotions and have the ability to affect job performance. This phenomenological study focused on identification of how traumatic incidents affected 10 LEOs from 2 rural law enforcement agencies from a rural community in the southeastern United States. Participants were interviewed regarding the experience of how encountering or witnessing traumatic events impacted their emotions during and after the incident, coping mechanisms they implemented, views on seeking mental health treatment, and importance of peer support. Findings indicated that LEOs expressed …


Reducing Brutality Through Improved Police-Community Relations, Karl A. Fenster 2016 Central Washington University

Reducing Brutality Through Improved Police-Community Relations, Karl A. Fenster

Undergraduate Honors Theses

This paper responds to negative public perceptions of United States law enforcement agencies. The research in this paper addresses six areas of policing reforms that have the potential to positively impact police-community relations: (1) building trust and legitimacy, (2) policy and oversight, (3) technology and social media, (4) community policing and crime reduction, (5) officer training and education, and (6) police-media relations. This paper reviews the existing literature in each topic area. The purpose of each literature review is to more accurately understand possible solutions to the widespread distrust of police and the issue of police brutality. This paper makes …


Campus Insecurity: Due Process, Proof, And Procedure In Campus Sexual Assault Investigations, Travis Nemmer 2016 American University Washington College of Law

Campus Insecurity: Due Process, Proof, And Procedure In Campus Sexual Assault Investigations, Travis Nemmer

Criminal Law Practitioner

No abstract provided.


The Firing Squad As "A Known And Available Alternative Method Of Execution" Post-Glossip, Deborah W. Denno 2016 Fordham University School of Law

The Firing Squad As "A Known And Available Alternative Method Of Execution" Post-Glossip, Deborah W. Denno

University of Michigan Journal of Law Reform

This Article does not address the medical debate surrounding the role of midazolam in executions; the problems associated with using the drug have been persuasively argued elsewhere. Nor does it question the soundness of the Glossip Court’s “alternative method of execution” requirement. Rather, this Article’s proposed reform is a constitutionally acceptable alternative that meets the Glossip Court’s standard, rendering moot—at least for the purposes of the following discussion—very real concerns regarding the validity of that dictate. Part I of this Article pinpoints several areas where the Glossip Court goes wrong in glaringly inaccurate or misleading ways, given the vast history …


Policing In The Era Of Permissiveness: Mitigating Misconduct Through Third-Party Standing, Julian A. Cook III 2016 Brooklyn Law School

Policing In The Era Of Permissiveness: Mitigating Misconduct Through Third-Party Standing, Julian A. Cook Iii

Brooklyn Law Review

On April 4, 2015, Walter L. Scott was driving his vehicle when he was stopped by Officer Michael T. Slager of the North Charleston, South Carolina, police department for a broken taillight. A dash cam video from the officer’s vehicle showed the two men engaged in what appeared to be a rather routine verbal exchange. Sometime after Slager returned to his vehicle, Scott exited his car and ran away from Slager, prompting the officer to pursue him on foot. After he caught up with Scott in a grassy field near a muffler establishment, a scuffle between the men ensued, purportedly …


Why And How To Compensate Exonerees, Erik Encarnacion 2016 University of Michigan Law School

Why And How To Compensate Exonerees, Erik Encarnacion

Michigan Law Review First Impressions

How can we bring greater uniformity to exoneree compensation in a principled and just way? This paper argues that answering this question becomes easier once we identify the principles of justice that best justify and explain compensation statutes. In particular, commentators have assumed incorrectly that the goal of compensating exonerees should be understood primarily in terms of corrective justice, which posits a duty to undo or repair wrongfully inflicted harms. This paper argues, by contrast, that restitutionary justice, which forces parties to relinquish unjust gains, better justifies and explains compensation statutes. The unjust gains at issue are fair wages withheld …


Transparency And Comparative Executive Clemency: Global Lessons For Pardon Reform In The United States, Andrew Novak 2016 George Mason University

Transparency And Comparative Executive Clemency: Global Lessons For Pardon Reform In The United States, Andrew Novak

University of Michigan Journal of Law Reform

This Article argues for transparency in the clemency process and contends that the concept of clemency as a benign sovereign’s “act of grace” is no longer appropriate in the modern world where executive action is subordinate to principles of constitutional due process and administrative equity. Despite calls for federal clemency reform in the United States, little comparative research examines clemency elsewhere in the common law world. This Article compares common law countries’ constitutional clemency mechanisms designed to promote openness, public and victim participation, and rational decision-making. In addition, this Article proposes four reforms to the U.S. pardon system that other …


Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States, Lisa Avalos 2016 University of Arkansas School of Law

Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States, Lisa Avalos

Michigan Journal of Gender & Law

Imagine that a close friend is raped, and you encourage her to report it to the police. At first, she thinks that the police are taking her report seriously, but the investigation does not seem to move forward. The next thing she knows, they accuse her of lying and ultimately file charges against her. You and your friend are in shock; this outcome never entered your minds. This nightmare may seem inconceivable, but it has in fact occurred repeatedly in both the United States and Britain—countries that are typically lauded for their high levels of gender equality. In Britain, where …


Incarceration To Incorporation: Economic Empowerment For Returning Citizens Through Social Impact Bonds, Etienne C. Toussaint 2016 University of the District of Columbia David A Clarke School of Law

Incarceration To Incorporation: Economic Empowerment For Returning Citizens Through Social Impact Bonds, Etienne C. Toussaint

Journal Articles

No abstract provided.


The Human Rights Of Sea Pirates: Will The European Court Of Human Rights Decisions Get More Killed?, Barry Hart Dubner, Brian Othero 2016 Barry University

The Human Rights Of Sea Pirates: Will The European Court Of Human Rights Decisions Get More Killed?, Barry Hart Dubner, Brian Othero

Faculty Scholarship

No abstract provided.


"Cerd-Ain" Reform: Dismantling The School-To-Prison Pipeline Through More Thorough Coordination Of The Departments Of Justice And Education, Lisa A. Rich 2016 Texas A&M University School of Law

"Cerd-Ain" Reform: Dismantling The School-To-Prison Pipeline Through More Thorough Coordination Of The Departments Of Justice And Education, Lisa A. Rich

Loyola of Los Angeles Law Review

In the last year of his presidency, President Barack Obama and his administration have undertaken many initiatives to ensure that formerly incarcerated individuals have more opportunities to successfully reenter society. At the same time, the administration has been working on education policy that closes the achievement gap and slows the endless flow of juveniles into the school-to-prison pipeline. While certainly laudable, there is much more that can be undertaken collaboratively among executive branch agencies to end the school-to-prison pipeline and the endless cycle of people re-entering the criminal justice system.

This paper examines the rise of the school-to-prison pipeline through …


The Death Knell For The Death Penalty: Judge Carney's Order To Kill Capital Punishment Rings Loud Enough To Reach The Supreme Court, Alyssa Hughes 2016 Loyola Marymount University and Loyola Law School

The Death Knell For The Death Penalty: Judge Carney's Order To Kill Capital Punishment Rings Loud Enough To Reach The Supreme Court, Alyssa Hughes

Loyola of Los Angeles Law Review

No abstract provided.


Fourth Amendment Implications Of Police-Worn Body Cameras, Erik Nielsen 2016 Alston & Bird

Fourth Amendment Implications Of Police-Worn Body Cameras, Erik Nielsen

St. Mary's Law Journal

Abstract forthcoming.


The Jim Crow Effect: Denial, Dignity, Human Rights, And Racialized Mass Incarceration, 29 J. Civ. Rts. & Econ. Dev 15 (2016), Cecil J. Hunt II 2016 John Marshall Law School

The Jim Crow Effect: Denial, Dignity, Human Rights, And Racialized Mass Incarceration, 29 J. Civ. Rts. & Econ. Dev 15 (2016), Cecil J. Hunt Ii

UIC Law Open Access Faculty Scholarship

The overarching theme of this paper is that the racialization of mass incarceration in America, which has been taking place since the latter part of the last century, and continues to this very day, is characterized by what I term, the “Jim Crow effect".


Deconstructing The Crimeless Gender: Women's Prison Gangs, Emma Burgess Roy 2016 American University Washington College of Law

Deconstructing The Crimeless Gender: Women's Prison Gangs, Emma Burgess Roy

Criminal Law Practitioner

No abstract provided.


Portmanteau Ascendant: Post-Release Regulations And Sex Offender Recidivism, J. J. Prescott 2016 University of Michigan Law Library

Portmanteau Ascendant: Post-Release Regulations And Sex Offender Recidivism, J. J. Prescott

Articles

The purported purpose of sex offender post-release regulations (e.g., community notification and residency restrictions) is the reduction of sex offender recidivism. On their face, these laws seem well-designed and likely to be effective. A simple economic framework of offender behavior can be used to formalize these basic intuitions: in essence, post-release regulations either increase the probability of detection or increase the immediate cost of engaging in the prohibited activity (or both), and so should reduce the likelihood of criminal behavior. These laws aim to incapacitate people outside of prison. Yet, empirical researchers to date have found essentially no reliable evidence …


The President As Spiritual Leader: Pardons, Punishment, Forgiveness, Mercy, And Justice, Henry L. Chambers Jr. 2016 University of Richmond

The President As Spiritual Leader: Pardons, Punishment, Forgiveness, Mercy, And Justice, Henry L. Chambers Jr.

Law Faculty Publications

The Constitution of the United States empowers the president of the United States to curtail or eliminate punishment for actual or possible federal criminal wrongdoing by issuing pardons. As the quotes that begin this chapter suggest, the nature of a presidential pardon is subject to dispute. A pardon can be thought to be an act of grace or an extension of the president's executive power to administer the criminal justice system, or something in between. This chapter does not resolve the issue, but considers the nature of the pardon power while considering whether or how the president can or should …


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