Jun 3, 2014 | Archives, Lead Articles, Number 3, Print Edition, Volume 47
Under Article 66(c) of the Uniform Code of Military Justice (UCMJ), the military’s courts of criminal appeals have the unusual appellate power to conduct a de novo review of a trial court’s findings of fact. Congress gave the military’s appellate courts their unique...
Jun 3, 2014 | Archives, Lead Articles, Number 3, Print Edition, Volume 47
Cap-and-trade is a failed policy. Under the Kyoto Protocol, global emissions have continued to increase and the European Union Emissions Trading System (EU ETS) price collapsed due to hot air and over allocation of emissions. The time has come to abandon cap-and-trade...
Jun 2, 2014 | Archives, Notes, Number 3, Print Edition, Volume 47
Due to the ambiguous language of the Fourth Amendment, courts have been unable to agree on a strict test as to what constitutes a reasonable search and seizure. For example, in United States v. Falso, the court held that evidence of child molestation, by itself, did...
Jun 2, 2014 | Archives, Notes, Number 3, Print Edition, Volume 47
The extraterritorial reach of the Federal Rules of Civil Procedure’s (Federal Rules) evidence-gathering provisions has long been a source of tension in foreign relations. The world we live in is increasingly interconnected and litigation between parties subject to...
Jun 2, 2014 | Archives, Notes, Number 3, Print Edition, Volume 47
For many Americans, the thought of providing any form of medical care to a convicted murderer is incomprehensible, a sentiment embodying the tenuous interplay between principles of morality and the rule of law. The reality is that prisoners throughout the United...
Jun 2, 2014 | Archives, Notes, Number 3, Print Edition, Volume 47
New York City currently maintains one of the lowest crime rates among all major American metropolitan areas. Several decades ago, however, the urban hub of the Empire State found itself in peril as it experienced a devastating rise in violent crime. This upward trend...
