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Cause to Believe What? The Importance of Defining a Search's Object--Or, How the ABA Would Analyze the NSA Metadata Surveillance Program
(Oklahoma Law Review, 2014)
Courts and scholars have devoted considerable attention to the definition of probable cause and reasonable suspicion. Since the demise of the “mere evidence rule” in the 1960s, however, they have rarely examined how these ...
Community Control Over Camera Surveillance: A Response to Bennett Capers's "Crime, Surveillance, and Communities"
(Fordham Urban Law Journal, 2013)
Professor Capers's article helps stimulate thinking about the way in which community views and individual rights interact. In my view, where police propose to conduct surveillance of groups, as occurs with camera surveillance ...
Empirical Desert and Preventive Justice: A Comment
(New Criminal Law Review, 2014)
This essay is a response to an article by Paul Robinson, Joshua Barton, and Matthew Lister in this issue of New Criminal Law Review that criticizes an article I authored with Lauren Brinkley-Rubinstein entitled Putting ...
The Right to Voice Reprised
(Seton Hall Law Review, 2010)
This article appears in a symposium issue of Seton Hall Law Review on courtroom epistemology. In Proving the Unprovable: The Role of Law, Science and Speculation in Adjudicating Culpability and Dangerousness, I argued that ...
Government Dragnets
(Law and Contemporary Problems, 2010)
This article examines group-focused police investigation techniques - for instance, roadblocks, drug testing programs, area or industry-wide health and safety inspections, data mining, and camera surveillance - a phenomenon ...
Rehnquist and Panvasive Searches
(Mississippi Law Journal, 2013)
In the history of the Supreme Court, William Rehnquist may have been the least friendly justice toward the view that the Fourth Amendment should be read expansively. Even he, however, might have interpreted the amendment ...
Making the Most of United States v. Jones in a Surveillance Society: A Statutory Implementation of Mosaic Theory
(Duke Journal of Constitutional Law & Public Policy, 2012)
In the Supreme Court's recent decision in United States v. Jones, a majority of the Justices appeared to recognize that under some circumstances aggregation of information about an individual through governmental surveillance ...
"Sell's" Conundrums: The Right of Incompetent Defendants to Refuse Anti-Psychotic Medication
(Washington University Law Review, 2012)
The Supreme Court's 2003 decision in Sell v. United States declared that situations in which the state is authorized to forcibly medicate a criminal defendant to restore competency to stand trial "may be rare." Experience ...
Prevention as the Primary Goal of Sentencing: The Modern Case for Indeterminate Dispositions in Criminal Cases
(San Diego Law Review, 2011)
Among modern-day legal academics determinate sentencing and limiting retributivism tend to be preferred over indeterminate sentencing, at least in part because the latter option is viewed as immoral. This Article contends ...
Treating Juveniles Like Juveniles: Getting Rid of Transfer and Expanded Adult Court Jurisdiction
(Texas Tech Law Review, 2013)
The number of juveniles transferred to adult court has skyrocketed in the past two decades and has only recently begun to level off. This symposium article argues that, because it wastes resources, damages juveniles, and ...