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Legal Methods for the Suppression of Organized Crime (A Symposium) Arthur Buller
Journal of Criminal Law and Criminology Volume 48 | Issue 4 Article 8 1958 Legal Methods for the Suppression of Organized Crime (A Symposium) Arthur Buller Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Arthur Buller, Legal Methods for the Suppression of Organized Crime (A Symposium), 48 J. Crim. L. Criminology & Police Sci. 414 (1957-1958) This Criminal Law is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. CRIMINAt LAW CASE NOTES AND COMMENTS Prepared by students of Northwestern University School of Law, under the direction of the student members of the Law School's Journal Editorial Board. Arthur Buller, Editor-in-Chief Arthur Rollin, Associate Editor Marvin Aspen Jay Oliff Malcolm Gaynor Louis Sunderland Ronald Mora Howard Sweig LEGAL METHODS FOR THE SUPPRESSION OF ORGANIZED CRIME (A SYMPOSIUM) Organized crime is a vital problem in the "The Use of Equitable Devices to Suppress field of law enforcement. Because of the nature Organized Crime", will consider the mechanics of its various forms of activity, the suppression and availability of the use of the injunction and of organized crime presents difficulties not other equitable remedies where the usual legal ordinarily encountered in other areas of criminal remedies have proved inadequate. The fifth and conduct. In this and subsequent issues of the concluding paper, "Indirect Control of Organized Journal, a series of articles will examine these Crime Through Liquor License Revocation", will problems and the legal remedies available for examine this tactic as a substitute for direct their solution. -
WEST VIRGINIA HOUSE of DELEGATES, Petitioner, V
No. 18-____ IN THE Supreme Court of the United States ———— WEST VIRGINIA HOUSE OF DELEGATES, Petitioner, v. STATE OF WEST VIRGINIA ex rel. MARGARET L. WORKMAN, MITCH CARMICHAEL, President of the West Virginia Senate; DONNA J. BOLEY, President Pro Tempore of the West Virginia Senate; RYAN FERNS, Majority Leader of the West Virginia Senate; LEE CASSIS, Clerk of the West Virginia Senate; and the WEST VIRGINIA SENATE, Respondents. ———— On Petition for a Writ of Certiorari to the Supreme Court of Appeals of West Virginia ———— PETITION FOR A WRIT OF CERTIORARI ———— MARK A. CARTER Counsel of Record DINSMORE & SHOHL LLP 707 Virginia Street, East Chase Tower, Suite 1300 Charleston, WV 25301 (304) 357-0900 [email protected] Counsel for Petitioner January 8, 2019 WILSON-EPES PRINTING CO., INC. – (202) 789-0096 – WASHINGTON, D. C. 20002 QUESTIONS PRESENTED 1. Whether the Supreme Court of Appeals of West Virginia’s decision in this case violates the Guarantee Clause of the United States Constitution. 2. Whether the Supreme Court of Appeals of West Virginia properly denied the Motion to Intervene of the Petitioner, the West Virginia House of Delegates. (i) ii PARTIES TO THE PROCEEDING AND RULE 29.6 STATEMENT Respondents are Margaret L. Workman; Mitch Carmichael, President of the West Virginia Senate; Donna J. Boley, President Pro Tempore of the West Virginia Senate; Ryan Ferns, Majority Leader of the West Virginia Senate; Lee Cassis, Clerk of the West Virginia Senate; and the West Virginia Senate. Petitioner is the West Virginia House of Delegates as an indispensable and materially affected party who was wrongfully denied intervenor status. -
Personal Liability As Administrative Law
Personal Liability as Administrative Law David Zaring* Abstract Administrative law has almost exclusively concerned itself with lawsuits against agencies as collective entities, under the auspices of the Administrative Procedure Act. In light of the growing number and prominence of suits by war on terror plaintiffs against senior government officials, this Article considers the use of personal liability to discipline government officials and assesses it as an alternative to traditional administrative law. It compares the civil suits to criminal prosecutions of these officials and compares both of them to less- obviously law related scandal campaigns. Personal sanctions—of which Bivens complaints are a principal example—are worth more attention. These mechanisms, and the constitutional tort in particular, are case studies of the popular inclination to decentralize government, of the value of symbolic laws, and, increasingly, of the personalization of law and politics. Solving some of the problems of personal liability, as it works today, might best be done not by enhancing the bite of the always-challenged lawsuits and prosecutions, but by making sure that the law makes it more possible for political cases to be made against government officials, rather than legal ones. Table of Contents I. Introduction .................................................................................. 314 II. Three Kinds of Bivens Actions ..................................................... 319 A. The Doctrinal Problems for Plaintiffs ................................... -
Torts: Due Process of Compensation for Crime Victims Luis Kutner
Notre Dame Law Review Volume 41 | Issue 4 Article 4 4-1-1966 Crime--Torts: Due Process of Compensation for Crime Victims Luis Kutner Follow this and additional works at: http://scholarship.law.nd.edu/ndlr Part of the Law Commons Recommended Citation Luis Kutner, Crime--Torts: Due Process of Compensation for Crime Victims, 41 Notre Dame L. Rev. 487 (1966). Available at: http://scholarship.law.nd.edu/ndlr/vol41/iss4/4 This Article is brought to you for free and open access by NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. CRIME-TORTS: DUE PROCESS OF COMPENSATION FOR CRIME VICTIMS Luis Kutner* This article is concerned with the due process rights of victims of crimes to bring a civil action for damages against the government responsible for maintaining law and order, whether it is federal, state or municipal. Since criminal law is that part of social control which is enforced by public officers, what rights inure to the public when social control breaks down? Since indi- vidual freedom is limited by social control, what remedy is there when limitations on individual freedom prevent effective self-protection? One of the risks of living in society is the recurrence of criminal violence. Since it is a continuing, serious social problem - one that cannot ever be com- pletely eliminated - countless thousands of victims will suffer violence upon their person through no fault of their own. The obligation to redress the wrongs arising out of criminal violence rests upon the local government, which has a duty to furnish adequate police protection. -
Statutes of Limitation for Prosecution of Offenses Against Children (Last Updated August 2012)
Statutes of Limitation for Prosecution of Offenses Against Children (last updated August 2012) This compilation includes statutes that establish, toll, extend, or eliminate time limitations for charging criminal offenses relating specifically to child victims. Every statute included either specifically mentions child victims or makes reference to a statute that does. This is not a statutory compilation of all criminal statute of limitations laws. General statutes of limitations that apply to all crimes without specific reference to the age of the victim or children as a class of victims are omitted. Please feel free to contact NDAA for help in ensuring compliance with all of your jurisdiction’s applicable statutes of limitation. Table of Contents: TABLE OF CONTENTS:............................................................................................................................................... 1 ALABAMA .................................................................................................................................................................... 4 ALA. CODE § 15-3-5 (2012). Offenses having no limitation.....................................................................................4 ALASKA ........................................................................................................................................................................ 4 ALASKA STAT. § 12.10.010 (2012). General time limitations...................................................................................4 -
The Governor's Power to Remove County Officials Charles J
Kentucky Law Journal Volume 14 | Issue 4 Article 3 1926 The Governor's Power to Remove County Officials Charles J. Turck University of Kentucky Follow this and additional works at: https://uknowledge.uky.edu/klj Part of the State and Local Government Law Commons Right click to open a feedback form in a new tab to let us know how this document benefits you. Recommended Citation Turck, Charles J. (1926) "The Governor's Power to Remove County Officials," Kentucky Law Journal: Vol. 14 : Iss. 4 , Article 3. Available at: https://uknowledge.uky.edu/klj/vol14/iss4/3 This Article is brought to you for free and open access by the Law Journals at UKnowledge. It has been accepted for inclusion in Kentucky Law Journal by an authorized editor of UKnowledge. For more information, please contact [email protected]. THE GOVERNOR'S POWER TO REMOVE COUNTY OFFICIALS. On the night of January 30, 1925, a fight occurred in a pool room in the city of Hazard. The sheriff and one of his deputies went to the pool room. When they arrived the fighting had ceased, but the participants were threatening to renew it. The sheriff, who was in an intoxicated condition, dispersed the crowd by ejecting every one from the pool room. He did this in a rough and violent manner, shoving, pushing, and peremptorily ordering them out, hitting several with his pistol, kicking at one, and striking a crippled boy over the head with his pistol, producing an ugly wound. The boy at the time was a spectator, sitting on a stool, and taking no part in the difficulty. -
Petition for a Writ of Certiorari to the Supreme Court of Appeals of West Virginia
No. ________ In the Supreme Court of the United States MITCH CARMICHAEL, President of the West Virginia Senate, DONNA J. BOLEY, President Pro Tempore of the West Virginia Senate, TOM TAKUBO, West Virginia Senate Majority Leader, LEE CASSIS, Clerk of the West Virginia Senate, and the WEST VIRGINIA SENATE, Petitioners, v. West Virginia ex. rel. MARGARET L. WORKMAN, Respondent. ON PETITION FOR A WRIT OF CERTIORARI TO THE SUPREME COURT OF APPEALS OF WEST VIRGINIA PETITION FOR A WRIT OF CERTIORARI PATRICK MORRISEY LINDSAY S. SEE Attorney General Solicitor General OFFICE OF THE Counsel of Record WEST VIRGINIA ATTORNEY GENERAL ZACHARY A. VIGLIANCO State Capitol Complex Assistant Attorney Building 1, Room E-26 General Charleston, WV 25305 [email protected] (304) 558-2021 Counsel for Petitioners QUESTIONS PRESENTED In a decision that brought pending state impeachment proceedings to a halt, a panel of acting justices of the Supreme Court of Appeals of West Virginia inserted itself into both the substance and procedure of a process that the West Virginia Constitution entrusts exclusively to the Legislative Branch. In its opinion, the court refused to grant relief under the “Guarantee Clause” of Article IV, § 4 of the United States Constitution, which promises that “[t]he United States shall guarantee to every State in this Union a Republican Form of Government,” because it deemed Guarantee Clause challenges to be nonjusticiable political questions. The questions presented are: 1) Whether Guarantee Clause claims are judicially cognizable? 2) Whether a state judiciary’s intrusion into the impeachment process represents so grave a violation of the doctrine of separation of powers as to undermine the essential components of a republican form of government? ii TABLE OF CONTENTS Page QUESTIONS PRESENTED ...................................... -
Legalnewsline | W.Va. SC Wi
LegalNewsline | W.Va. SC will hear appeal of McGraw victory http://legalnewsline.com/news/226312-w.va.-sc-will-hear-appeal-of-mc... Tuesday, March 30 2010 News | Contact LegalNewsline | About Us | Advertise | RSS Enter search keyword NEWSLETTER Receive our FREE weekly newsletter click here LNL MOST POPULAR ARTICLES LNL HOT TOPICS + Cuccinelli says Virginia law prevents health insurance mandate + Asbestos + Gasoline Prices + Ga. AG thinks health care challenge will fail + Bankruptcy + Global Warming + Calif. AG hopeful launches petition against health care lawsuits + Big Pharma + Hurricane Katrina + Former AG, senator defends McKenna joining health care lawsuit + Class Action + Lead Paint + AG Caldwell back in the national spotlight + Dickie Scruggs + Personal Injury + Financial Crisis + Sub-Prime Mortgages IN THE SPOTLIGHT: Big Pharma Tuesday, March 23, 2010 Delaware ranked best legal climate; West Virginia the worst WEDNESDAY, MARCH 24, 2010 12:29:00 PM WASHINGTON (Legal Newsline)-Delaware continues to have the best legal climate in the United States, W.Va. SC will hear appeal of McGraw victory while West Virginia still holds the distinction of having BY JOHN O'BRIEN the most anti-business courts in the nation, a survey CHARLESTON, W.Va. (Legal Newsline) - The West Virginia released today indicates. Supreme Court will hear Johnson & Johnson's appeal of a Read more... nearly $4.5 million civil penalty imposed on it in a lawsuit brought by state Attorney General Darrell McGraw. + New Mexico appellate judges failing to curb liability, The justices decided in a 3-1 vote on March 10 to examine the report says - 3/10 $4,475,000 decision from Brooke County. -
Justice Thomas Mchugh Sworn in for Immediate Release Thursday, December 16, 2010
Supreme Court of Appeals Administrative Office 1900 Kanawha Blvd., East State of West Virginia Bldg. 1, Room E-316 Charleston, West Virginia 25305 (304) 340-2305 Jennifer Bundy (304) 340-2306 April Harless (304) 558-4219 / TTY (304) 558-1212 / FAX Web Site: http://www.state.wv.us/wvsca Information Services Division News Email: [email protected] Email: [email protected] Justice Thomas McHugh sworn in For immediate release Thursday, December 16, 2010 CHARLESTON, W.Va. – Justice Thomas McHugh was sworn in to a two- year term on the Supreme Court of Appeals of West Virginia during a 3 p.m. ceremony today in the Supreme Court Chamber. “This has really been a journey that has taken a lot of turns,” Justice McHugh said immediately after taking the oath of office from Chief Justice Robin Jean Davis, as his wife, Judy, and twin sons, John and James, stood by his side. He said he never could have imagined rejoining the Court when he retired on December 31, 1997. He said he was both honored and pleased when then-Chief Justice Elliott Maynard asked him on September 1, 2008, to sit by Designation as a Senior Status Justice for Justice Joseph Albright during Justice Albright’s illness, and then again when then-Chief Justice Brent Benjamin asked him to continue that service into 2009. Then-Governor Joe Manchin III appointed him to the seat on April 20, 2009, after the death of Justice Albright. Justice McHugh was elected on Nov. 2 to fill the unexpired term of Justice Albright, which ends in 2012. -
Brief for Appellant Baltimore City Police Department
IN THE COURT OF APPEALS OF MARYLAND ____________________ SEPTEMBER TERM, 2019 ____________________ MISC. NO. 6 ____________________ BALTIMORE CITY POLICE DEPARTMENT, et al., Appellants, v. IVAN POTTS, Appellee. ____________________ ON CERTIFIED QUESTION FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ____________________ APPELLANTS’ BRIEF ____________________ ANDRE M. DAVIS City Solicitor DANIEL C. BECK RACHEL SIMMONSEN Chief, Office of Police Legal Affairs MICHAEL REDMOND Co-directors, Appellate Practice Group KARA K. LYNCH JUSTIN S. CONROY BALTIMORE CITY DEPARTMENT OF LAW Chief Solicitors, Police Legal Affairs 100 N. Holliday Street Baltimore, Maryland 21202 ALEXA E. ACKERMAN (410) 396-2496 NATALIE R. AMATO [email protected] Assistant Solicitors, Police Legal Affairs Counsel for Appellants INDEX ____________________ TABLE OF CONTENTS APPELLANTS’ BRIEF Page STATEMENT OF THE CASE .......................................................................1 CERTIFIED QUESTION ...............................................................................4 STANDARD OF REVIEW .............................................................................4 STATEMENT OF FACTS ..............................................................................5 ARGUMENT ................................................................................................ 15 The Co-Conspirators’ outrageous, personally motivated, willfully criminal acts were outside the scope of their employment. ...................................................................................... -
The Highlands Voice
West Virginia Highlands Conservancy PO. Box 306 Non-Profit Org. Charleston, WV 25321 U.S. Postage PAID Permit No. 2831 Charleston, WV The Highlands Voice Since 1967, The Monthly Publication of the West Virginia Highlands Conservancy Volume 51 No. 7 July, 2018 Blair Mountain Battlefield Back on the National Register By Cindy Rank THE GOOD NEWS bloody confrontation ended only when federal troops were sent in The listing of Blair Mountain Battlefield on the National to quell the uprising. Register of Historic Places has been re-affirmed! The struggle to protect the historic site has itself been a long As you may recall from previous issues of the Voice, the uphill battle [no pun intended - really]. Battlefield was nominated in July 2005, officially listed in March My first introduction to the effort to preserve Blair Mountain was 2009, challenged a month later, and delisted at the end of 2009. in the late 1980s and early 1990s when the Highlands Conservancy Now, after years of political and legal wrangling the earlier delisting was lobbying along with the UMWA (United Mineworkers of America) has been determined to be in error and the Blair Mountain Battlefield for reasonable safety and environmental regulations to control some returned to its rightful place on the National Register. of the abuses caused by the increased size and mechanization of The affirming Decision Memorandum was signed by the coal mining that defied existing regulations tailored to less massive Keeper of the National Register on June 27, 2018. mining techniques. A BIT OF BACKGROUND During that time the UMWA fought somewhat unsuccessfully The Battle of Blair Mountain, probably the largest labor to keep mining away from the area of the historic battle of Blair uprising in the U.S. -
UNITED STATES DISTRICT COURT EASTERN DISTRICT of LOUISIANA RAYNE UPTON, Individually and on Behalf of Her Minor Daughter, G.H. C
Case 2:21-cv-00407-CJB-KWR Document 36 Filed 06/25/21 Page 1 of 13 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA RAYNE UPTON, Individually CIVIL ACTION and on behalf of her minor daughter, G.H. VERSUS 21-407 RODNEY VICKNAIR, ET AL. SECTION: “J” (4) ORDER & REASONS Before the Court is a Motion to Dismiss for Failure to State a Claim (Rec. Doc. 15) filed by Defendants Shaun Ferguson and the City of New Orleans (collectively, the “City Defendants”). Plaintiff Rayne Upton opposes the motion (Rec. Doc. 19). Having considered the motion and memoranda, the record, and the applicable law, the Court finds that the motion should be GRANTED in part, as explained herein. FACTS AND PROCEDURAL BACKGROUND This litigation arises from the alleged sexual assault and rape of Plaintiff’s minor child, G.H., by Defendant Rodney Vicknair, who was then an officer with the New Orleans Police Department (“NOPD”). In May 2020, G.H., who was fourteen at the time, was subject to a sexual assault. Vicknair was dispatched to the scene and tasked with accompanying her to the hospital for a forensic evaluation. That night, Vicknair began grooming G.H. and, over the next several months, he repeatedly visited her at her house and sexually assaulted her, as well as raping her on two occasions. Case 2:21-cv-00407-CJB-KWR Document 36 Filed 06/25/21 Page 2 of 13 Days before the second rape occurred, the Office of the Independent Police Monitor (“OIPM”) was alerted that Officer Vicknair’s conduct toward G.H.