Now showing items 11-16 of 16
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. ...
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 ...
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 ...
Some Hypotheses About Empirical Desert
(Arizona State Law Journal, 2011)
Paul Robinson has written a series of articles advocating the view that empirical desert should govern development of criminal law doctrine. The central contention of empirical desert is that adherence to societal views ...
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 ...