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Following You Here, There, And Everywhere; An Investigation Of Gps Technology, Privacy, And The Fourth Amendment, 45 J. Marshall L. Rev. 1 (2011), Stephanie G. Forbes 2011 UIC School of Law

Following You Here, There, And Everywhere; An Investigation Of Gps Technology, Privacy, And The Fourth Amendment, 45 J. Marshall L. Rev. 1 (2011), Stephanie G. Forbes

UIC Law Review

No abstract provided.


Modem Products Liability Law In West Virginia, Philip Combs, Andrew Cooke 2011 Allen Guthrie & Thomas, PLLC

Modem Products Liability Law In West Virginia, Philip Combs, Andrew Cooke

West Virginia Law Review

No abstract provided.


Acta's Constitutional Problems: The Treaty Is Not A Treaty, Sean Flynn 2011 American University Washington College of Law

Acta's Constitutional Problems: The Treaty Is Not A Treaty, Sean Flynn

Scholarly Articles in Law Reviews & Journals

On the eve of the United States’ entry into the Anti-Counterfeiting Trade Agreement (“ACTA”), there is considerable confusion as to just what legal effect the agreement will have. In written answers to Senator Ron Wyden, the United States Trade Representative (“USTR”) went to lengths to describe ACTA as non-binding, asserting that “ACTA does not constrain Congress’ authority to change U.S. law,” and that it would operate only as an “Executive Agreement” that “can be implemented without new legislation.” But European negotiators have described the agreement to their legislature in very different terms, asserting that ACTA is “a binding international agreement …


Crime Mapping And The Fourth Amendment: Redrawing 'High Crime Areas', Andrew Ferguson 2011 American University Washington College of Law

Crime Mapping And The Fourth Amendment: Redrawing 'High Crime Areas', Andrew Ferguson

Scholarly Articles in Law Reviews & Journals

This article addresses how “crime mapping” technology has the potential to reshape Fourth Amendment protections in designated “high crime areas.” In the past few years, the ability of police administrators to identify and officially label “high crime areas” has rapidly expanded. Geographic Information Systems (GIS) and crime mapping technology has simplified the collection and analysis of crime statistics. These GIS crime mapping technologies can produce almost perfect information about the level, rate, and geographic location of crimes in any given area.While effective policing tools, these technologies have constitutional consequences that are only now being considered. Under existing Supreme Court precedent, …


Preventive Detention In American Theory And Practice, Adam Klein, Benjamin Wittes 2011 Columbia Law School

Preventive Detention In American Theory And Practice, Adam Klein, Benjamin Wittes

National Security Law Program

It is something of an article of faith in public and academic discourse that preventive detention runs counter to American values and law. This meme has become standard fare among human rights groups and in a great deal of legal scholarship. It treats the past nine years of extra-criminal detention of terrorism suspects as an extraordinary aberration from a strong American constitutional norm, under which government locks up citizens pursuant only to criminal punishment, not because of mere fear of their future acts. This argument further asserts that any statutory counterterrorism administrative detention regime would be a radical departure from …


The Tipping Point: Prison Overcrowding Nationally, In West Virginia, And Recommendations For Reform, Karina Kendrick 2011 West Virginia University College of Law

The Tipping Point: Prison Overcrowding Nationally, In West Virginia, And Recommendations For Reform, Karina Kendrick

West Virginia Law Review

No abstract provided.


Let The Sunshine In: The Aba And Prison Oversight, Michael B. Mushlin 2011 Elisabeth Haub School of Law at Pace University

Let The Sunshine In: The Aba And Prison Oversight, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

2010 may be remembered as the year in which prison oversight finally found a place on the national correction agenda, thanks in significant part to the attention that the American Bar Association has focused on this topic. In this article, we briefly describe the state of American prisons, trace the recent movement toward prison oversight, describe the rationale for oversight and the benefits it provides, and describe the contribution made to this effort by the ABA through the passage of its landmark resolution in 2008, through its Standards on the Treatment of Prisoners calling for prison oversight, and through the …


Racial Profiling-Separate And Unequal Keeping The Minorities In Line - The Role Of Law Enforcement In America, April Walker 2011 Thurgood Marshall School of Law

Racial Profiling-Separate And Unequal Keeping The Minorities In Line - The Role Of Law Enforcement In America, April Walker

St. Thomas Law Review

This article will explore the history of modern policing and examine police brutality at the early stages of the implementation of law enforcements in this country. Also, this article will address whether race, gender, sexual orientation, religion, or ethnicity contributes to higher incidents of police brutality and review common misconceptions by the public about police brutality and retaliation against citizens who report police brutality. This article will define the term qualified immunity and highlight its application towards police officials and district attorneys, while also analyzing highly publicized cases and their dispositions. Lastly, this article will address possible solutions to combating …


Expression By Ordinance: Preemption And Proxy In Local Legislation, Lindsay Nash 2011 Benjamin N. Cardozo School of Law

Expression By Ordinance: Preemption And Proxy In Local Legislation, Lindsay Nash

Articles

Local laws based on immigration status have prompted heated national debate on federalism and discrimination. A second strain of nuisance-related legislation has emerged in recent years, which often targets these same immigrant communities. This paper examines the hitherto-unstudied correlation between ordinances explicitly related to immigrants and legislation regarding nuisance–as illuminated through primary research into municipal legislation across the nation. Evaluating these laws and the context of their enactment, this research shows when and how nuisance laws target certain populations. Ultimately, this inquiry reveals troubling parallels to previous community responses to disfavored subgroups and the harm resulting from proxy legislation.


An Institutionalization Effect: The Impact Of Mental Hospitalization And Imprisonment On Homicide In The United States, 1934-2001, Bernard E. Harcourt 2011 Columbia Law School

An Institutionalization Effect: The Impact Of Mental Hospitalization And Imprisonment On Homicide In The United States, 1934-2001, Bernard E. Harcourt

Faculty Scholarship

Previous research suggests that mass incarceration in the United States may have contributed to lower rates of violent crime since the 1990s but, surprisingly, finds no evidence of an effect of imprisonment on violent crime prior to 1991. This raises what Steven Levitt has called “a real puzzle.” This study offers the solution to the puzzle: the error in all prior studies is that they focus exclusively on rates of imprisonment, rather than using a measure that combines institutionalization in both prisons and mental hospitals. Using state-level panel-data regressions over the 68-year period from 1934 to 2001 and controlling for …


Streaming The International Silver Platter Doctrine: Coordinating Transnational Law Enforcement In The Age Of Global Terrorism And Technology, Caitlin T. Street 2011 Columbia Law School

Streaming The International Silver Platter Doctrine: Coordinating Transnational Law Enforcement In The Age Of Global Terrorism And Technology, Caitlin T. Street

National Security Law Program

The dramatic expansion of technology and globalization over the last thirty years has not only facilitated transnational terrorist operations, but also has transformed the countermeasures utilized by law enforcement and amplified the need for counterterrorism coordination between foreign and domestic authorities. Crucially, these changes have altered the fourth amendment calculus, set out by the international silver platter doctrine, for admitting evidence seized in U.S.-foreign cooperative searches abroad. Under the international silver platter doctrine, courts admit the evidence gathered by foreign authorities abroad unless the unreasonable search is deemed a "joint venture" between U.S. and foreign authorities. Notably, the legal framework …


Promoting Safeguards Through Detention Visits, Claudio Grossman, Brenda V. Smith, Ariela Peralta, Suzanne Jabbour, Alison A. Hillman de Velasquez 2011 AmericanUniversity Washington College of Law

Promoting Safeguards Through Detention Visits, Claudio Grossman, Brenda V. Smith, Ariela Peralta, Suzanne Jabbour, Alison A. Hillman De Velasquez

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Child Soldiers And The Duty Of Nations To Protect Children From Participation In Armed Conflict, Luz E. Nagle 2011 Stetson University College of Law

Child Soldiers And The Duty Of Nations To Protect Children From Participation In Armed Conflict, Luz E. Nagle

Cardozo Journal of International and Comparative Law

The article advocates for enhanced international cooperation and stricter enforcement mechanisms to protect child soldiers, emphasizing the need to address both legal and societal challenges to end their exploitation in conflicts.


Can We Find And Stop The "Jihad Janes"?, Diane Webber 2011 Senior Courts of England and Wales

Can We Find And Stop The "Jihad Janes"?, Diane Webber

Cardozo Journal of International and Comparative Law

The article examines the challenges faced by the United States and the United Kingdom in identifying and preventing homegrown terrorism, despite their advanced surveillance tools and legal frameworks. It highlights the limitations of current surveillance laws, such as the gap in U.S. Title III law, and the need for a more preventive approach to counterterrorism. The analysis underscores the tension between privacy rights and national security, emphasizing the difficulty in balancing these interests effectively.


Comparative Empiricism And Police Investigative Practices, Christopher Slobogin 2011 Vanderbilt University Law School

Comparative Empiricism And Police Investigative Practices, Christopher Slobogin

Vanderbilt Law School Faculty Publications

In the search and seizure context, the United States is much more heavily wedded to warrants and exclusion than European countries and in the interrogation setting requires more robust warnings than most nations in Europe. Comparative empiricism is an empirical assessment of the relative effectiveness of these types of differences between nations regulatory regimes. In the law enforcement context, this type of assessment might be the only realistic means of determining the combination of mechanisms that best protects against government over-reaching without unduly stymying good police-work. Domestic research that attempts to explore differing regulatory approaches either occurs in experimental settings …


Hyper-Incarceration As A Multidimensional Attack: Replying To Angela Harris Through The Wire, Frank Rudy Cooper 2011 University of Nevada, Las Vegas -- William S. Boyd School of Law

Hyper-Incarceration As A Multidimensional Attack: Replying To Angela Harris Through The Wire, Frank Rudy Cooper

Scholarly Works

In this article, Professor Frank Rudy Cooper responds to a symposium article by Angela Harris, arguing "mass incarceration" should be understood as "hyper-incarceration" because it is targeted based on multiple dimensions of identities. He extends Harris's analysis of the multidimensionality of identities by means of a case study of how class operates during the drug war era, as depicted in the critically acclaimed HBO drama The Wire.


Pretrial Incentives, Post-Conviction Review, And Sorting Criminal Prosecutions By Guilt Or Innocence, Samuel R. Gross 2011 University of Michigan Law School

Pretrial Incentives, Post-Conviction Review, And Sorting Criminal Prosecutions By Guilt Or Innocence, Samuel R. Gross

Articles

The fundamental problem with false convictions is that they are unobserved, and in general, unobservable. We don't spot them when they happen-if we did, they wouldn't happen-and in most cases we can't identify them after the fact. We have no general reliable test for innocence or guilt; if we did, we'd use it at trial. As result, we often say that we don't know for sure whether a convicted criminal defendant is innocent or guilty, or even that we can't know for sure. But this isn't exactly true-or rather, its truth depends on who we mean by "we."


Automobile Consent Searches: The Driver's Options In A Lose-Lose Situation, Arthur J. Park 2011 University of Richmond

Automobile Consent Searches: The Driver's Options In A Lose-Lose Situation, Arthur J. Park

Richmond Public Interest Law Review

"Do you mind if I take a quick look in the vehicle?" This is a question that countless Americans hear every day, but very few citizens understand the ramifications of their answer. How long can the officer keep me here? What if there is something in my car that I do not know about? Can I be arrested if I refuse the search? This article will address the legal context surrounding consent searches of automobiles in order to provide some clarity to drivers and passengers that are put in this lose-lose situation.


Victims Of Community Violence In Chicago: The Impact On Professional Responders, Lee Shevell 2011 Loyola University Chicago, School of Law

Victims Of Community Violence In Chicago: The Impact On Professional Responders, Lee Shevell

Public Interest Law Reporter

No abstract provided.


Spare The Rod? South Africa's Efforts Toward A Total Ban On Corporal Punishment, Sarah Sallen 2011 Loyola University Chicago, School of Law

Spare The Rod? South Africa's Efforts Toward A Total Ban On Corporal Punishment, Sarah Sallen

Public Interest Law Reporter

No abstract provided.


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