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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 ...
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, ...
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 ...
Reasonable Expectations of Privacy and Autonomy in Fourth Amendment Cases: An Empirical Look at "Understandings Recognized and Permitted by Society"
(Duke Law Journal, 1993)
This Article reports an attempt to investigate empirically
important aspects of the Fourth Amendment to the United States
Constitution, as construed by the United States Supreme Court. In
the course of doing so, it ...
Having it Both Ways: Proof That the U.S. Supreme Court is "Unfairly" Prosecution-Oriented
(Florida Law Review, 1996)
If the assertions that this essay makes about the Court's "unfair" prosecution-orientation withstand scrutiny,"3 two further conclusions might follow. First, the highest court in the country is so fixated on ensuring that ...
Treatment of the Mentally Disabled: Rethinking the Community-First Idea
(Nebraska Law Review, 1990)
In the past several decades the treatment, habilitation and education of the mentally disabled has been heavily influenced by what could be called the "community-first" movement. This movement which encompasses such ...
Testilying: Police Perjury and What to Do About It
(University of Colorado Law Review, 1996)
Police, like people generally, lie in all sorts of contexts for all sorts of reasons. This article has focused on police lying designed to convict individuals the police think are guilty. Strong measures are needed to ...
Deceit, Pretext, and Trickery: Investigative Lies by the Police
(Oregon Law Review, 1997)
This Article has been a preliminary effort at identifying those limitations in connection with one specific type of lie-investigative lies, or lies told to people in an effort to gather evidence against them. The extrapolation ...
A Prevention Model of Juvenile Justice: The Promise of Kansas v. Hendricks for Children
(Wisconsin Law Review, 1999)
The traditional juvenile court, focused on rehabilitation and "childsaving," was premised primarily on a parens patriae notion of State power. " Because of juveniles' immaturity and greater treatability, this theory posited, ...
Psychiatric Evidence in Criminal Trials: To Junk or Not to Junk?
(William and Mary Law Review, 1998)
This Article begins, in Part I, with a brief review of the past four decades" of psychiatric and psychological testimony in criminal trials (henceforth referred to simply as "psychiatric testimony"). Although this review ...