Criminal Law

Sam Kamin & Justin Marceau, Vicarious Aggravators

In Gregg v. Georgia, the Supreme Court held that the death penalty was constitutional so long as it provided a non-arbitrary statutory mechanism for determining who are the worst of the worst, and therefore, deserving of the death penalty. As a general matter, this process of narrowing the class of death eligible offenders is done […]

Nicole Kuncl, Seeing Red: The Legal Backlash Against Red-Light Cameras in Florida

This Note will examine Florida’s Mark Wandall Traffic Safety Act, which authorizes the use of traffic infraction detectors (red-light cameras) to enforce traffic laws. Florida, like many other states, currently finds itself in the midst of a heated debate over the use of red-light cameras to issue traffic citations. Strong arguments can be made both […]

Lauren Millcarek, Eighteenth Century Law, Twenty-First Century Problems: Jones, GPS Tracking, and the Future of Privacy

In 2004, law enforcement officers began investigating Antoine Jones, a Washington, D.C. nightclub owner, for suspected drug trafficking. After gathering information through stakeouts, cameras, and a wiretap on Jones’ phone, the officers obtained a warrant to place a Global Positioning System (GPS) tracker on Jones’ wife’s car, which Jones possessed and used regularly. However, the […]

Jocelyn Ho, Bullied to Death: Cberbullying and Student Online Speech Rights

In the age of online social networking, photo and video sharing, blogs, text messaging, and other forms of communication technology, bullying among teenagers has reached a whole new level. It has transcended the traditional schoolyard context and crossed into cyberspace, leaving victims of bullying more vulnerable than ever. Recent headline-grabbing suicides, such as the cyberbullying-related […]

Elizabeth R. Sheyn, Toward a Specific Intent Requirement in White Collar Crime Statutes: How the Patient Protection and Affordable Care Act of 2010 Sheds Light on the “General Intent Revolution”

The recent passage of the Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (collectively, ACA), has altered the landscape of health care and health insurance. However, it has also served to highlight the revolution in the intent requirement for white collar crimes. In […]

Nancy Leong, The Open Road and the Traffic Stop: Narratives and Counter-Narratives of the American Dream

American culture is steeped in the mythology of the open road. In our collective imagination, the road represents freedom, escape, friendship, romance, and above all, the possibility for a better life. But our shared dream of the open road comes to a halt in the mundane reality of the traffic stop—a judicially authorized policing procedure […]