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• Select Criminal Law - Fourth Amendment - Fifth Circuit Delivers a New Law Enforcement Functions Test for Identifying Government Actors - United States v. Johnlouis.

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  Criminal Law - Fourth Amendment - Fifth Circuit Delivers a New Law Enforcement Functions Test for Identifying Government Actors - United States v. Johnlouis.

  From:Harvard Law Review (Vol. 136, Issue 3)

  Jan. 20233,717 words Case note 2190LSubjectivity, like mortality, has seemed not only attainable but inevitable. It is objectivity which is presumed to be the problematic goal of our theories and our attempts at doctrinal interpretation. --Professor...
• Select "Hold My Beer": When Does It Matter if Intoxication Is Voluntary?

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  "Hold My Beer": When Does It Matter if Intoxication Is Voluntary?

  Author:Eric Y. DroginFrom:Criminal Justice (Vol. 37, Issue 3) Peer-Reviewed

  Fall 20221,270 words Article 1220LThis column's first entry highlighted a dual question that surfaces frequently at the intersection of law and mental health: "How? When?" A condition that might mean everything at one juncture might mean very little--or...
• Select Criminalizing Starvation in an Age of Mass Deprivation in War: Intent, Method, Form, and Consequence.

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  Criminalizing Starvation in an Age of Mass Deprivation in War: Intent, Method, Form, and Consequence.

  Author:Tom DannenbaumFrom:Vanderbilt Journal of Transnational Law (Vol. 55, Issue 3)

  May 202238,455 words Article 1860LMass starvation in war is resurgent. Across a range of conflicts, belligerents have attacked farmers and humanitarian workers; destroyed, looted, or rendered unusable food and food sources; and cut off besieged...
• Select INCOMPATIBILITY OF THE POLICE USE OF FORCE OBJECTIVE REASONABLENESS STANDARD AND SPLIT-SECOND DECISION-MAKING.

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  INCOMPATIBILITY OF THE POLICE USE OF FORCE OBJECTIVE REASONABLENESS STANDARD AND SPLIT-SECOND DECISION-MAKING.

  Author:Erik R. ZimmermanFrom:Criminal Justice (Vol. 37, Issue 2) Peer-Reviewed

  Summer 20224,831 words Article 1490LOn July 14, 2018, Harith Augustus, a 37-year-old Black man, was walking home from his work at a barbershop on the Southside of Chicago when he was stopped by a police officer. The officer would eventually cite Augustus's...
• Select Prosecuting Criminal Contempt How Far Is Too Far?

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  Prosecuting Criminal Contempt How Far Is Too Far?

  Authors:Addy R. Schmitt, Ian A. Herbert, and Jesse E. SchwabFrom:Criminal Justice (Vol. 37, Issue 1) Peer-Reviewed

  Spring 20225,391 words Article 1420LIn recent years, the legal world has followed the case of Steven Donziger, a plaintiff's lawyer who won a multibillion-dollar judgment against Chevron on behalf of the people of Ecuador. Following that judgment, Chevron...
• Select State of Mind: Dual Purpose.

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  State of Mind: Dual Purpose.

  Author:Stephen A. SaltzburgFrom:Criminal Justice (Vol. 37, Issue 1) Peer-Reviewed

  Spring 20221,523 words Article 1310LThe Well-Known Exception Fed. R. Evid. 803(3) contains a hearsay exception for "[a] statement of the declarant's then-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physical...
• Select Multiple pathogens and prostate cancer.

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  Multiple pathogens and prostate cancer.

  Authors:James S. Lawson and Wendy K. GlennFrom:Infectious Agents and Cancer (Vol. 17, Issue 1) Peer-Reviewed

  May 30, 20226,615 words Article 1320LBackground The aim of this review is to consider whether multiple pathogens have roles in prostate cancer. Methods We have reviewed case control studies in which infectious pathogens in prostate cancer were...
• Select FOURTH AMENDMENT INFRINGEMENT IS AFOOT: REVITALIZING PARTICULARIZED REASONABLE SUSPICION FOR TERRY STOPS BASED ON VAGUE OR DISCREPANT SUSPECT DESCRIPTIONS.

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  FOURTH AMENDMENT INFRINGEMENT IS AFOOT: REVITALIZING PARTICULARIZED REASONABLE SUSPICION FOR TERRY STOPS BASED ON VAGUE OR DISCREPANT SUSPECT DESCRIPTIONS.

  Author:Caroline E. LewisFrom:William and Mary Law Review (Vol. 63, Issue 5) Peer-Reviewed

  Apr. 202211,566 words Article 2190LINTRODUCTION On Lawrence Harbin's walk home one Monday night, police officers began to trail close behind him in their cruiser. (1) The officers followed Mr. Harbin for a brief period, and he soon made it to his home...
• Select Building Blocks of Privacy: Why the Third-Party Doctrine Should Not Be Applied to Blockchain Transactions.

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  Building Blocks of Privacy: Why the Third-Party Doctrine Should Not Be Applied to Blockchain Transactions.

  Author:Veronica LarkFrom:Federal Communications Law Journal (Vol. 74, Issue 3) Peer-Reviewed

  Apr. 202210,883 words Article 2280LI. INTRODUCTION In early 2018, twenty-three million users logged onto Coinbase, presumably to confirm how much Bitcoin had spiked in price or maybe to swap their Ethereum for Litecoin. (1) For months leading up to...
• Select PUNTING THE PRIVATE SEARCH DOCTRINE: How THE GOOD FAITH EXCEPTION IMPEDES FOURTH AMENDMENT JURISPRUDENCE.

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  PUNTING THE PRIVATE SEARCH DOCTRINE: How THE GOOD FAITH EXCEPTION IMPEDES FOURTH AMENDMENT JURISPRUDENCE.

  Author:Kevin DelrociniFrom:Rutgers Computer & Technology Law Journal (Vol. 48, Issue 1)

  Spring 20227,305 words Article 2160LI. INTRODUCTION This Note seeks to demonstrate how the good faith exception to the Fourth Amendment's exclusionary rule slows progress in Fourth Amendment jurisprudence. It will do so by using, as a case study, an area...
• Select Police Ignorance and (Un)Reasonable Fourth Amendment Exclusion.

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  Police Ignorance and (Un)Reasonable Fourth Amendment Exclusion.

  Author:Nadia BantekaFrom:Vanderbilt Law Review (Vol. 75, Issue 2)

  Mar. 202219,551 words Article 1960LThe Fourth Amendment exclusion doctrine is as baffling as it is ubiquitous. Although courts rely on it every day to decide Fourth Amendment violations as well as defendants' motions to suppress evidence obtained through...
• Select Fighting the System: New Approaches to Addressing Systematic Corporate Misconduct.

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  Fighting the System: New Approaches to Addressing Systematic Corporate Misconduct.

  Authors:Samuel Walpole and Matt CorriganFrom:Sydney Law Review (Vol. 43, Issue 4) Peer-Reviewed

  Dec. 202113,826 words Article 1900LAbstract Traditional criminal law evolved to address morally unacceptable conduct by individuals, before expanding into regulatory contexts. Classical models of corporate criminal responsibility sought to apply the...
• Select Against Geofences.

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  Against Geofences.

  Authors:Haley Amster and Brett DiehlFrom:Stanford Law Review (Vol. 74, Issue 2) Peer-Reviewed

  Feb. 202223,569 words Article 1970LLaw enforcement is increasingly relying on a new tool when investigating crimes with no suspects: geofence warrants. Geofence warrants take advantage of geofence technology, which constructs a virtually bounded...
• Select THE DUTY NOT TO CONTINUE DISTRIBUTING YOUR OWN LIBELS.

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  THE DUTY NOT TO CONTINUE DISTRIBUTING YOUR OWN LIBELS.

  Author:Eugene VolokhFrom:Notre Dame Law Review (Vol. 97, Issue 1)

  Nov. 202114,782 words Article 1590LSay something I wrote about you online (in a newspaper, a blog, or a social media page) turns out to be false and defamatory. Assume I wasn 't culpable when I first posted it, but now I'm on notice of the error. Am I...
• Select ETHNIC CLEANSING AND GENOCIDAL INTENT: CONCEPTUALIZING DESTRUCTION OF LOCAL POPULATIONS.

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  ETHNIC CLEANSING AND GENOCIDAL INTENT: CONCEPTUALIZING DESTRUCTION OF LOCAL POPULATIONS.

  Author:Hannibal TravisFrom:Washington University Global Studies Law Review (Vol. 20, Issue 4)

  Oct. 22, 202127,285 words Article 1980LAtrocities against an identifiable group may qualify as genocide even though most members of the group take flight and the group survives the campaign against it. This type of scenario, widely known as "ethnic...
• Select The cause of vasomotor symptoms: Resonance phenomena in the vascular bed.

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  The cause of vasomotor symptoms: Resonance phenomena in the vascular bed.

  Author:Keiko UohashiFrom:Journal of Mid-life Health (Vol. 13, Issue 1) Peer-Reviewed

  Jan-March 20221,182 words Article 1470LByline: Keiko. Uohashi This paper describes the probable cause of vasomotor symptoms during climacterics and before menstruation/ovulation. We propose that sex hormones imbalance changes the elasticity, resonance...
• Select POLICING SUSPICION: QUALIFIED IMMUNITY AND "CLEARLY ESTABLISHED" STANDARDS OF PROOF.

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  POLICING SUSPICION: QUALIFIED IMMUNITY AND "CLEARLY ESTABLISHED" STANDARDS OF PROOF.

  Authors:Seth W. Stoughton, Kyle Mclean, Justin Nix, and Geoffrey AlperFrom:Journal of Criminal Law and Criminology (Vol. 112, Issue 1) Peer-Reviewed

  Wntr 202215,986 words Article 1920LThis Article explores the intersection of Fourth Amendment standards of proof and the "clearly established" prong of qualified immunity. It illustrates how the juxtaposition of the Court's insistence on a low level of...
• Select Money Doesn't Grow on Trees: Civil Asset Forfeiture Reform is a Necessary Precursor to Police Reform.

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  Money Doesn't Grow on Trees: Civil Asset Forfeiture Reform is a Necessary Precursor to Police Reform.

  Author:Elizabeth WeaverFrom:Missouri Law Review (Vol. 87, Issue 1) Peer-Reviewed

  Wntr 20227,961 words Article 2530LI. INTRODUCTION Communities are scrutinizing the credibility of law enforcement as concerns associated with unfair treatment and police misconduct mount. (1) Despite ever-present demands for reform, law enforcement...
• Select RECALIBRATING THE GRAHAM STANDARD USING AN EVIDENCE-BACKED, COMMUNITY-BASED MODEL.

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  RECALIBRATING THE GRAHAM STANDARD USING AN EVIDENCE-BACKED, COMMUNITY-BASED MODEL.

  Author:DiAsia DozierFrom:Drexel Law Review (Vol. 14, Issue 1) Peer-Reviewed

  Wntr 202214,876 words Article 2110LMillions of protestors across the world have marched and rallied to denounce the police violence that led to the murders of George Floyd and Breonna Taylor. However, Floyd and Taylor represent only two names of the...
• Select Surveillance and the Tyrant Test.

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  Surveillance and the Tyrant Test.

  Author:Andrew Guthrie FergusonFrom:Georgetown Law Journal (Vol. 110, Issue 2) Peer-Reviewed

  Dec. 202144,885 words Article 1810LHow should society respond to police surveillance technologies? This question has been at the center of national debates around facial recognition, predictive policing, and digital tracking technologies. It is a debate...