What’s Going On? The Right to Confrontation

Apr 3, 2012 | Lead Articles, Number 2, Print Edition, Volume 45

In Michigan v. Bryant, the United States Supreme Court wrote another chapter in the clash between the Confrontation Clause of the Sixth Amendment to the United States Constitution and the admissibility of extra-judicial statements. This article presents an outline of...

Constitutional Reform and the Abolition of the Mandatory Death Penalty in Kenya

Apr 3, 2012 | Lead Articles, Number 2, Print Edition, Volume 45

The death penalty is rapidly receding in the former British colonies of common-law Africa.  Although proposals to institute or retain the death penalty for a wide assortment of crimes are not uncommon, actual judicial executions have grown extremely rare south of the...

Writing Scripts for Silent Movies: How Officer Experience and High-Crime Areas Turn Innocuous Behavior into Criminal Conduct

Apr 3, 2012 | Notes, Number 2, Print Edition, Volume 45

This Note will begin by examining the historical background of the constitutional standards for search and seizure analysis. Next, it will address the gradual erosion of the particularized-suspicion requirement, illustrating the modern trend of courts to allow...

Constitutional Law—Ninth Circuit Effectively Precludes Future Findings of Brady Violations in the Absence of a Conviction—Smith v. Almada, 640 F.3d 931 (9th Cir. 2011)

Apr 3, 2012 | Case Comments, Number 2, Print Edition, Volume 45

When analyzing a claim under 42 U.S.C § 1983 that the government withheld exculpatory evidence from a criminal defendant, courts typically use the Fifth or Fourteenth Amendment’s due process standard as articulated in the iconic 1963 case of Brady v. Maryland.  In...

Discriminatory Opportunism: Why Undertaking Self-Employment to Mitigate Damages Creates Unique Challenges

Apr 3, 2012 | Notes, Number 2, Print Edition, Volume 45

This Note will explore the effects and ramifications when the former employee chooses self-employment in an effort to mitigate the damages of the wrongful discharge. It will begin by providing an overview of the history of mitigating damages through self-employment,...

Constitutional Law-Arrest or Impaired Movement Material to Physical Force Seizure Analysis-Brooks v. Gaenzle, 614 F.3d 1213 (10th Cir. 2010), cert. denied, 131 S. Ct.1045 (2011)

Jan 17, 2012 | Case Comments, Number 1, Print Edition, Volume 45

The Fourth Amendment of the United States Constitution provides protection for individuals from unreasonable searches and seizures.  The Supreme Court and circuit courts alike have repeatedly analyzed the definition and applicability of the word “seizure,” along with...