ENTRAPMENT AND DUE PROCESS: MOVING TOWARD A DUAL SYSTEM OF DEFENSES
Kenneth M. Lord
In Pennsylvania, undercover police officers sell a new Sears video-cassette recorder to a shopkeeper at a suspiciously low price. The shopkeeper then repeatedly calls the security manager of the local Sears store in an attempt to ascertain if the VCR had been stolen. The security manager, who provided the VCR to the police officers, assures the shopkeeper that it was not stolen but does not tell him of the covert police operation. The shopkeeper then advises a uniformed police officer that he suspects the VCR was stolen, but the officer merely instructs him to stop harassing Sears employees. Thus reassured, the shopkeeper makes several other purchases from the undercover police officers. He is later indicted for conspiracy to receive stolen property.
“WHEN WILL THIS TRAFFIC STOP END?”: THE UNITED STATES SUPREME COURT’S DODGE OF EVERY DETAINED MOTORIST’S CENTRAL CONCERN—OHIO V. ROBINETTE
George M. Dery III
While driving down the interstate, you see the flashing lights of a police cruiser in your rearview mirror. As you obediently pull over to the side of the road, several questions race through your mind: “Was I speeding?,” “Will I get a ticket or a warning?,” “How long will the officer keep me?” Typically, most of these uncertainties will be resolved soon after the officer approaches your vehicle. However, one question remains unanswered until you are told you may leave: “When will this traffic stop end?”
CHALLENGING CHALLENGE INSPECTIONS: A FOURTH AMENDMENT ANALYSIS OF THE CHEMICAL WEAPONS CONVENTION
Jonathan P. Hersey and Anthony F. Ventura
The development, production, and potential deployment of chemical weapons have become the greatest threat of mass destruction in the post-Cold War world. Recent United States intelligence reports estimate that there are upwards of twenty-five nations that either currently possess stockpiles of chemical weapons or are in the process of developing them. Moreover, these sources specifically name China, India, Iran, Iraq, Libya, North Korea, Pakistan, and Syria as likely chemical weapons proliferators. As far as U.S. intelligence reports are concerned, each of these countries poses a substantial threat for the dissemination or use of chemical weapons.
TRIBUTARIES OF JUSTICE: THE SEARCH FOR FULL ACCESS
Talbot “Sandy” D’Alemberte
Comparing our efforts with those in other countries, the sad truth is that despite public rhetoric so elaborately laced with “equal justice under the law” and “liberty and justice for all,” we lag behind in providing legal services to the indigent. California Justice Earl Johnson, Jr., who has examined the financial commitment of various jurisdictions to provide access to legal representation, has concluded that “[w]hen it comes to the legal entitlement to free counsel for indigent civil litigants, the United States is in a distinct minority among the industrial democracies of the world.”
MANDATORY, BINDING ARBITRATION FOR OLYMPIC ATHLETES: IS THE PROCESS BETTER OR WORSE FOR “JOB SECURITY”?
Melissa R. Bitting
Imagine an employee who rises at five o’clock every morning to make the thirty minute drive to a factory job. She shows up to work, rain or shine, and does all the work requested of her. She collects a paycheck on a regular basis. In recognition of her years of hard work, the employee is promoted. Her pay is increased, and she looks forward to continued success. Then, one day she shows up at the factory only to find that she is denied admittance for alleged misconduct. Her only recourse is to plead her case before the very people in management who have accused her of wrong-doing. Should the charges against her stand, the employee will not only be prevented from working in this particular factory, but she will not be allowed to use the skills that she has trained to perfect her whole life. As a condition of employment, she agreed to waive her access to judicial review of any such charges.
LICENSE TO DISCRIMINATE: THE APPLICATION OF SOVEREIGN IMMUNITY TO EMPLOYMENT DISCRIMINATION CLAIMS BROUGHT BY NONNATIVE AMERICAN EMPLOYEES OF TRIBALLY OWNED BUSINESSES
Scott D. Danahy
When Kristine Roselius stepped on to the Seminole Indian Reservation in June of 1994, she thought she was beginning the job of a lifetime. What she did not realize was that by taking a job with the Seminole Indian Tribe, she may have unwittingly waived the rights provided to her under federal employment discrimination statutes. One year later when she sued the tribe and the tribal corporation, claiming sexual harassment, the Seminole Tribe argued that sovereign immunity barred her suit. According to Roselius, her employers repeatedly touched her, made sexual comments and degrading remarks, and even suggested that she could make a “quick $10,000” from a wealthy client.