Now showing items 1-10 of 67
Tarasoff as a Duty to Treat: Insights From Criminal Law
(University of Cincinnati Law Review, 2006)
In most jurisdictions, the Tarasoff duty is defined as a duty on the part of mental health professionals to act on patient threats of serious harm to identified individuals. Although breach of this duty has, to date, only ...
(Ohio State Journal of Criminal Law, 2003)
Numerous authors, from all points on the political spectrum, have advocated that police interrogations be taped. But police rarely record custodial questioning, at least in full, and only a handful of courts have found ...
Why Liberals Should Chuck the Exclusionary Rule
(University of Illinois Law Review, 1999)
This article makes the case against the exclusionary rule from a "liberal" perspective. Moving beyond the inconclusive empirical data on the efficacy of the rule, it uses behavioral and motivational theory to demonstrate ...
Surveillance and the Constitution
(Wayne Law Review, 2009)
My focus will be on the extent to which the Constitution limits government surveillance activities. The details of regulation should be statutory, but the basis for that statutory regulation must be founded on constitutional ...
Comparative Empiricism and Police Investigative Practices
(North Carolina Journal of International Law & Commercial Regulation, 2011)
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. ...
The Exclusionary Rule: Is It on Its Way Out? Should It Be?
(Ohio State Journal of Criminal Law, 2013)
This symposium, comprising six articles in addition to this one, was triggered by a spate of Supreme Court opinions occurring over the last seven years, all of which raise the two questions in the title to this article ...
Technologically-Assisted Physical Surveillance: The American Bar Association's Tentative Draft Standards
(Harvard Journal of Law & Technology, 1997)
As the name implies, the American Bar Association's Tentative Draft Standards Concerning Technologically-Assisted Physical Surveillance is a work in progress...Final approval by the ABA hierarchy is still some time away, ...
Prosecuting Martha: Federal Prosecutorial Power and the Need for a Law of Counts
(Penn State Law Review, 2005)
This article, part of a symposium on prosecutorial discretion, uses the Martha Stewart case to look more closely at the various types of discretion prosecutors wield. Unlike some other commentators, we are not persuaded ...
Let's Not Bury TERRY: A Call for Rejuvenation of the Proportionality Principle
(St. John's Law Review, 1998)
Thirty years ago, "Terry v. Ohio" established a conceptual framework for the Fourth
Amendment that makes more sense than any alternative the
courts or commentators have come up with since. That frame-work,
which I call ...
Foreword: Is Justice Just Us?
(Hofstra Law Review, 2000)
This is a review of JUSTICE, LIABILITY AND BLAME, by Paul Robinson and John Darley. The book is a summary of 18 studies which surveyed lay subjects about their attitudes toward various aspects of criminal law doctrine, ...