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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 ...
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 ...
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 ...
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 ...
Putting Desert in Its Place
(Stanford Law Review, 2013)
Based on an impressive array of studies, Paul Robinson and his coauthors have developed a new theory of criminal justice, which they call “empirical desert.” The theory asserts that, because people are more likely to be ...