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Now showing items 31-40 of 67
Transaction Surveillance by the Government
(Mississippi Law Journal, 2005)
This symposium article is the second of two on regulation of government efforts to obtain recorded information for criminal prosecutions. More specifically, it explores the scope and regulation of "transaction surveillance," ...
Reconceptualizing Due Process in Juvenile Justice: Contributions from Law and Social Science
(Hastings Law Journal, 2006)
This article challenges the accepted wisdom, at least since the Supreme Court's decision in Gault, that procedures in juvenile delinquency court should mimic the adult criminal process. The legal basis for this challenge ...
A Jurisprudence of Dangerousness
(Northwestern University Law Review, 2003)
This article addresses the state's police power authority to deprive people of liberty based on predictions of antisocial behavior. Most conspicuously exercised against so-called "sexual predators," this authority purportedly ...
Dangerousness and Expertise Redux
(Emory Law Journal, 2006)
Civil commitment, confinement under sexual predator laws, and many capital and noncapital sentences depend upon proof of a propensity toward violence. This Article discusses the current state of prediction science, in ...
Capacity to Contest a Search and Seizure: the Passing of Old Rules and Some Suggestions for New Ones
(American Criminal Law Review, 1981)
Professor Slobogin examines recent Supreme Court decisions involving standing to challenge search and seizure violations, and argues that the Court's commitment to a "totality of the circumstances" approach has permitted ...
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 ...
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 ...
State Adoption of Federal Law: Exploring the Limits of Florida's "Forced Linkage" Amendment
(University of Florida Law Review, 1987)
This article examines the "forced linkage" between state and federal provisions that the 1983 amendment establishes in Florida. It concludes that forced linkage is ill-conceived, because it is inimical to state court ...
What Atkins Could Mean for People with Mental Illness
(New Mexico Law Review, 2003)
This article, written for a symposium on Atkins v. Virginia - the Supreme Court decision that prohibited execution of people with mental retardation - argues that people with severe mental illness must now also be protected ...
Is Atkins the Antithesis or Apotheosis of Anti-Discrimination Principles? Sorting Out the Groupwide Effects of Exempting People with Mental Retardation from the Death Penalty
(Alabama Law Review, 2004)
In "Atkins v. Virginia", the U.S. Supreme Court held that people with mental retardation may not be executed. z Many advocates for people with disability cheered the decision, because it provides a group of disabled people ...