Recent Development: Barnes V. State: A Suspect's Detention Did Not Evolve Into De Facto Arrest When The Execution Of A Warrant Was Delayed For Three Hours; Police May Detain A Suspect After The Warrant Execution If They Reasonably Suspect Criminal Activity,
2014
University of Baltimore Law
Recent Development: Barnes V. State: A Suspect's Detention Did Not Evolve Into De Facto Arrest When The Execution Of A Warrant Was Delayed For Three Hours; Police May Detain A Suspect After The Warrant Execution If They Reasonably Suspect Criminal Activity, Harrison Bliss
University of Baltimore Law Forum
The Court of Appeals of Maryland held that a three-hour delay in the execution of a warrant was reasonable and did not constitute de facto arrest. Barnes v. State, 437 Md. 375, 394, 86 A.3d 1246, 1257 (2014). The court of appeals also held that a short investigatory detention, following the execution of the warrant, did not suggest de facto arrest, and therefore did not require probable cause. Id. at 397, 86 A.3d at 1259. Finally, the court held that the evidence collected from the search of an individual’s storage unit was lawfully obtained because the officers had the requisite …
Recent Development: Nash V. State: Jury Note Expressing Concern About Motives Behind A Juroror Ury Note Expressing Concern About Motives Behind A Jurororsumption Of Prejudice Requiring Voir Dire Sua Sponte,
2014
University of Baltimore Law
Recent Development: Nash V. State: Jury Note Expressing Concern About Motives Behind A Juroror Ury Note Expressing Concern About Motives Behind A Jurororsumption Of Prejudice Requiring Voir Dire Sua Sponte, Nadya Cheatham
University of Baltimore Law Forum
The Court of Appeals of Maryland held that a note from a jury, containing allegations that a juror would change her original voting position if it meant she could go home earlier, did not raise a presumption of prejudice and therefore did not require the trial judge to conduct voir dire sua sponte. Nash v. State, 439 Md. 53, 94 A.3d 23 (2014). Additionally, the court held that the trial judge did not abuse her discretion when she chose to release the jurors and remind them of their duties under oath, rather than directly assuring the impartiality of the jurors. …
Recent Development: Motor Vehicle Admin. V. Deering: A Driver Whose License Is Suspended Under The "Implied Consent, Administrative Per Se Law" Is Not Entitled To Consult With An Attorney Before Deciding Whether To Take A Breath Test,
2014
University of Baltimore Law
Recent Development: Motor Vehicle Admin. V. Deering: A Driver Whose License Is Suspended Under The "Implied Consent, Administrative Per Se Law" Is Not Entitled To Consult With An Attorney Before Deciding Whether To Take A Breath Test, Patrick Toohey
University of Baltimore Law Forum
The Court of Appeals of Maryland held the implied consent, administrative per se law (“administrative per se law”) does not require that a suspected drunk driver be given the opportunity to consult an attorney before deciding whether to take a breath test. Motor Vehicle Admin. v. Deering, 438 Md. 611, 637, 92 A.3d 495, 511 (2014). The court found that the due process clause of the Fourteenth Amendment of the United States Constitution does not establish a pre-test right to counsel for a suspected drunk driver in an administrative proceeding.
Family Treatment Drug Courts: A Perspective From Lewiston, Maine,
2014
Maine District Court
Family Treatment Drug Courts: A Perspective From Lewiston, Maine, John B. Beliveau, Aisling Ryan
Criminal Law Practitioner
No abstract provided.
Fighting Impaired Driving In D.C.: A Response To D.C. Disturbia,
2014
Office of the Attorney General, District of Columbia
Fighting Impaired Driving In D.C.: A Response To D.C. Disturbia, Melissa Shear
Criminal Law Practitioner
No abstract provided.
On Professionalism, Civility, & Discovery,
2014
City of Franklin, Southampton County, and Isle of Wright County Virginia Public Defender's Office
On Professionalism, Civility, & Discovery, Kathryn Todryk
Criminal Law Practitioner
No abstract provided.
Planned Parenthood V. Rounds & Informed Consent,
2014
Harvard Law School
Planned Parenthood V. Rounds & Informed Consent, Kate Aizpuru
The Modern American
No abstract provided.
Bypassing Her Constitutional Rights: How The Nebraska Supreme Court Set A Damaging Precedent For Pregnant Minors Seeking Abortion Care,
2014
American University Washington College of Law
Bypassing Her Constitutional Rights: How The Nebraska Supreme Court Set A Damaging Precedent For Pregnant Minors Seeking Abortion Care, Carlie J. Armstrong
The Modern American
No abstract provided.
The Strange Politics Of Medicaid Expansion, 47 J. Marshall L. Rev. 947 (2014),
2014
John Marshall Law School
The Strange Politics Of Medicaid Expansion, 47 J. Marshall L. Rev. 947 (2014), Steven Schwinn
UIC Law Review
This paper first outlines the Medicaid program, Medicaid expansion in the PPACA, and the Court’s ruling on Medicaid expansion in NFIB. It next explores the impacts of the opposition to Medicaid expansion. In particular, it details the substantial federal resources that opposing states will leave on the table, the health insurance coverage that states stand to deny to their poor citizens, and the constitutional law that opposing states left in NFIB.
The Usual Suspects: Judicial Review Of State Laws That Target Undocumented Immigrants, 47 J. Marshall L. Rev. 1127 (2014),
2014
UIC School of Law
The Usual Suspects: Judicial Review Of State Laws That Target Undocumented Immigrants, 47 J. Marshall L. Rev. 1127 (2014), Jonathan Svitak
UIC Law Review
This Comment will attempt to balance the interests of Arizona and Alabama in combating the growing problem of undocumented immigration against the interest of the documented and undocumented aliens and U.S. citizens protected by the Equal Protection Clause.
Statutory Solutions For A Common Law Defect: Advancing The Nurse Practitioner-Patient Privilege, 47 J. Marshall L. Rev. 1077 (2014),
2014
UIC School of Law
Statutory Solutions For A Common Law Defect: Advancing The Nurse Practitioner-Patient Privilege, 47 J. Marshall L. Rev. 1077 (2014), Rebecca Pierce
UIC Law Review
This Comment advocates the necessity for a statutory nurse practitioner-patient privilege throughout the states.
Where Are We At? The Illinois Constitution After Forty-Five Years, 48 J. Marshall L. Rev. 1 (2014),
2014
John Marshall Law School
Where Are We At? The Illinois Constitution After Forty-Five Years, 48 J. Marshall L. Rev. 1 (2014), Ann Lousin
UIC Law Review
No abstract provided.
Stubhub's Tug At The Municipal Purse String: Why The Home-Rule Taxing Powers Enumerated In The Illinois Constitution Must Remain Broad And Strong, 48 J. Marshall L. Rev. 37 (2014),
2014
UIC School of Law
Stubhub's Tug At The Municipal Purse String: Why The Home-Rule Taxing Powers Enumerated In The Illinois Constitution Must Remain Broad And Strong, 48 J. Marshall L. Rev. 37 (2014), Joseph Kearney
UIC Law Review
The issues facing Illinois cities are equally, if not more, important today as in 1970 and will require local leaders to be able to use all governance tools at their disposal. The ability of a municipality to raise revenue is arguably one of the most important expressly granted by home rule. Accordingly, the Stubhub case should be viewed with caution going forward, as it raises the possibility of potentially serious challenges to municipal home rule power in the future. This article, then, will do several things. First, it will give the reader a concise definition and history of the constitutional …
Illinois Gets An “F” In Public School Financing, 48 J. Marshall L. Rev. 141 (2014),
2014
UIC School of Law
Illinois Gets An “F” In Public School Financing, 48 J. Marshall L. Rev. 141 (2014), Matthew Locke
UIC Law Review
Contrary to the Federal Constitution, almost every state constitution, including Illinois’s, specifically guarantees its citizens’ the right to a free and efficient education provided by the state. This article will advocate for a number of reforms, which will minimize spending disparities across the state, enhance equality in per-pupil funding, and lower overall operating cost.
Attention Gun-Rights Advocates! Don't Forget The Illinois Constitutional Right To Keep And Bear Arms, 48 J. Marshall L. Rev. 53 (2014),
2014
UIC School of Law
Attention Gun-Rights Advocates! Don't Forget The Illinois Constitutional Right To Keep And Bear Arms, 48 J. Marshall L. Rev. 53 (2014), James Leven
UIC Law Review
This Article will show that Kalodimos’s reasoning is deeply flawed and also that developments in the law following that decision demonstrate that it is no longer viable.
Escape From Freedom: Why “Limited Lockstep” Betrays Our System Of Federalism, 48 J. Marshall L. Rev. 325 (2014),
2014
The John Marshall Law School, Chicago
Escape From Freedom: Why “Limited Lockstep” Betrays Our System Of Federalism, 48 J. Marshall L. Rev. 325 (2014), Timothy P. O'Neill
UIC Law Review
The Illinois Supreme Court has ironically chosen to make the Illinois Constitution completely insignificant in several areas of constitutional law. It has accomplished this through “the limited lockstep doctrine.” This approach is used to interpret cognate provisions of the U.S. and Illinois Constitutions.
Is Welching On Public Pension Promises An Option For Illinois? An Analysis Of Article Xiii, Section 5 Of Illinois Constitution, 48 J. Marshall L. Rev. 167 (2014),
2014
UIC School of Law
Is Welching On Public Pension Promises An Option For Illinois? An Analysis Of Article Xiii, Section 5 Of Illinois Constitution, 48 J. Marshall L. Rev. 167 (2014), Eric Madiar
UIC Law Review
This Article reviews not only the Pension Clause’s language and origins, but also the constitutional convention debates discussing it, and relevant court decisions construing the provision. The Article also evaluates the arguments made by legal commentators on behalf of particular stakeholders about whether the Clause allows the legislature to cut the pension benefits of current public employees and retirees as well as other related issues. The Article concludes that the General Assembly cannot unilaterally cut the pension benefits of current employees or retirees as a means to reduce the State’s existing pension liabilities based on the Clause’s plain language, the …
Stop Presumptive Transfers: How Forcing Juveniles To Prove They Should Remain In The Juvenile Justice System Is Inconsistent With Roper V. Simmons & Graham V. Florida, 48 J. Marshall L. Rev. 365 (2014),
2014
UIC School of Law
Stop Presumptive Transfers: How Forcing Juveniles To Prove They Should Remain In The Juvenile Justice System Is Inconsistent With Roper V. Simmons & Graham V. Florida, 48 J. Marshall L. Rev. 365 (2014), Rachel Fugett
UIC Law Review
Overly expansive juvenile transfer laws are inconsistent with the Court’s reasoning because their primary objective is to transfer juveniles into the adult criminal justice system solely for the purpose of punishing and sentencing them like adults. In so doing, expansive juvenile transfer laws, more often than not, largely ignore a juvenile’s diminished culpability and greater capacity for change.
A New Devil In The White City: The Demolition Of Prentice Women's Hospital And The Failures Of Chicago's Landmarks Ordinance, 48 J. Marshall L. Rev. 391 (2014),
2014
UIC School of Law
A New Devil In The White City: The Demolition Of Prentice Women's Hospital And The Failures Of Chicago's Landmarks Ordinance, 48 J. Marshall L. Rev. 391 (2014), Laura Luisi
UIC Law Review
Chicago’s culture is, in large part, defined by its courageous, innovative, and rich architectural history. With such a strong cultural identity comes the responsibility to preserve the City’s character for generations to come. Throughout its history, the City of Chicago allowed architectural masterpieces to succumb to economic and political pressures. The recent decision in Hanna v. City of Chicago left Chicago’s Landmarks Ordinance unscathed, but nevertheless, its inadequacies are showcased by the demolition of the Prentice Women’s Hospital. An examination of the landmark ordinances of other large American cities further demonstrates the shortcomings of Chicago’s own ordinance. Chicago’s Landmarks Ordinance, …
Unclaimed Remains And Next Of Kin: A New Path To The Final Resting Spot,
2014
University of Richmond
Unclaimed Remains And Next Of Kin: A New Path To The Final Resting Spot, W. Scott Johnson Esquire
Richmond Journal of Law and the Public Interest
In response to requests from health care facilities, law enforcement agencies, and funeral service establishments, Senator Kenny Alexander (DNorfolk) convened a workgroup of stakeholders to rewrite the statutes dealing with unclaimed remains and next of kin. In addition to serving the General Assembly, Senator Alexander owns several prominent funeral service establishments and is a funeral service licensee. His experience proved invaluable to the process. The stakeholder meetings began in the fall of 2013 and culminated in the introduction of Senate Bill 304 in the 2014 Session of the Virginia General Assembly. The bill passed without a single negative vote through …
