Probable cause, Constitutional reasonableness, and the unrecognized point of a pointless indignity
J Bowers - Stan. L. Rev., 2014 - HeinOnline
A police officer needs probable cause to arrest a suspect. But once he has it, he typically
needs no more. 2 It does not matter that the offense in question is one that almost never …
needs no more. 2 It does not matter that the offense in question is one that almost never …
Sanctuaries as equitable delegation in an era of mass immigration enforcement
JA Cade - Nw. UL Rev., 2018 - HeinOnline
Opponents of-and sometimes advocates for-sanctuary policies describe them as
obstructions to the operation of federal immigration law. This premise is flawed. On the better …
obstructions to the operation of federal immigration law. This premise is flawed. On the better …
Retributive justice and the demands of democratic citizenship
D Markel - Va. J. Crim. L., 2012 - HeinOnline
This article reveals and responds to the democracy deficit in certain retributivist approaches
to criminal law. Democracy deficits arise when we insufficiently respect the moral authority of …
to criminal law. Democracy deficits arise when we insufficiently respect the moral authority of …
Upside-Down Juries
J Bowers - Nw. UL Rev., 2016 - HeinOnline
The practical disappearance of the jury trial ranks among the most widely examined topics in
American criminal justice. But, by focusing on trial scarcity, scholars have managed to tell …
American criminal justice. But, by focusing on trial scarcity, scholars have managed to tell …
Insider Expungement
BM Murray - Utah L. Rev., 2023 - HeinOnline
Like many phases of the criminal justice system, insiders dominate the practice of
expungement and there is little to no involvement of the broader community. Recently …
expungement and there is little to no involvement of the broader community. Recently …
Better Sex through Criminal Law: Proxy Crimes, Covert Negligence, and Other Difficulties of Affirmative Consent in the ALI's Draft Sexual Assault Provisions
K Cole - San Diego L. Rev., 2016 - HeinOnline
ABSTRACT The American Law Institute's draft amendments to the Model Penal Code's
sexual assault provisions address the problem of unwanted sex through the use of proxy …
sexual assault provisions address the problem of unwanted sex through the use of proxy …
Free Market State (Of Mind): Antitrust Federalism, John J. Flynn and the Utah Constitution's Free Market Clause
JL Contreras - Utah L. Rev., 2023 - HeinOnline
Abstract The Utah Constitution states that" f [it is the policy of the state of Utah that a free
market system shall govern trade and commerce in this state to promote the dispersion of …
market system shall govern trade and commerce in this state to promote the dispersion of …
Public requitals: Corrective, retributive, and distributive justice
B Kuklin - Clev. St. L. Rev., 2017 - HeinOnline
The currently predominant view of public requitals for criminal behavior draws on the deontic
guidance provided rather sketchily by Kant's writings. He offers a broad, formal framework …
guidance provided rather sketchily by Kant's writings. He offers a broad, formal framework …
Making Punishment Safe for Democracy: A Reply to Professors Bowers, Cahill & Duff
D Markel - Va. J. Crim. L., 2012 - HeinOnline
Josh Bowers, Michael Cahill, and Antony Duff have each penned subtle and thoughtful
response essays to my piece appearing earlier in this issue. In this reply essay, I will offer …
response essays to my piece appearing earlier in this issue. In this reply essay, I will offer …
[PDF][PDF] PARTICIPATORY EXPUNGEMENT
BM Murray - COLUMBIA LAW REVIEW - columbialawreview.org
Less than twenty years ago, few states permitted the expungement of convictions. 1
Executive pardons were the way to erase convictions, characterized by lengthy petition …
Executive pardons were the way to erase convictions, characterized by lengthy petition …