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The Case for Punishing ‘Police Bystanders’

The Crime Report

For the sake of civilian safety, police must intervene if they see misconduct by colleagues,, according to a forthcoming paper in the George Washington Law Review. Kaufman writes that Congress and state legislatures should enact criminal laws mandating a “duty to intervene” in their colleagues’ misuse of force.

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How to Criticize U.S. Extraterritorial Jurisdiction (Part I)

Conflict of Laws

Washington (1945) and the requirement of “minimum contacts.” criminal law as “an extreme abuse,” China applies its criminal law extraterritorially on all the bases that the United States employs. courts apply a presumption against extraterritoriality to limit the reach of federal statutes. Second, U.S.

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With historical promises in mind, justices weigh state criminal jurisdiction in Indian country

SCOTUSBlog

Enacted in 1948, the GCA extended to Indian country the general federal criminal laws that apply in places where the federal government has exclusive jurisdiction (i.e., The question is whether the GCA therefore prohibits concurrent state criminal prosecutions. federal enclaves).

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Too Clever By Half: Why Public Nuisance is Again at the Heart of a Public Health Debate

JonathanTurley

The company and the Oklahoma justices are right on the law. Public nuisance was originally addressed in England by criminal laws against such offenses as obstructing “the King’s highways.” It has limits, however—most notably the standard statute of limitations, which commonly range from one to four years.

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Fourth Circuit Overturns Conviction Of Retired Air Force Colonel For Using Racial Slur

JonathanTurley

” The language of the statute in my view is unconstitutional due to its sweeping criminalization of any “curse or abuse” that could “provoke a breach of the peace.” ” However, the appellate panel corrected noted that such laws are narrowly construed in light of controlling precedent. .”

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The long conference’s relists

SCOTUSBlog

Ferguson involves a First Amendment challenge to Washington state’s law prohibiting “conversion therapy,” the practice of seeking to change a gay or transgender person’s sexual orientation or gender identity through counseling. Criminal law We are now in the home stretch. Jones , 22-982 Issue : Whether the U.S.

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Connecticut High School Student Arrested For Posting Racist Slur

JonathanTurley

One of the greatest threats to free speech is the chilling effect caused by ambiguous or vague standards like the one contained in this statute. Most concerning is the call for European style speech limits in this country. Free speech demands bright lines. It is never popular to fight for the free speech rights of individuals like Bartow.