Suppress or suspend: New York's exclusionary rule in school disciplinary proceedings

Article Abstract:

The exclusionary rule based on New York's state constitution should be applied to school disciplinary cases. In the case of Juan C. v. Cortines, a New York Appellate Division court determined that the exclusionary rule should have been applied. The Court of Appeals did not rule on the issue. Costs of applying the exclusionary rule in school disciplinary proceedings include additional litigation, a chilling effect on enforcement, and risks to student safety. The exclusionary rule's benefits include deterrence, preservation of administrative integrity and the school environment, and its educative effect concerning government power and rights.

Cases, Case Note, School discipline, Constitutions, State, State constitutions, Exclusionary rule (Evidence), Exclusionary rule, New York (State)

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Of sausage factories and syllogism machines: formalism, realism, and exclusionary selection techniques

Article Abstract:

Supreme Court Justices believe in the creative task of judge and jury to interpret laws which are indeterminate. It is possible to ascertain this attitude based upon decisions in six 1991 cases involving racial discrimination in judge or jury selection. Such a realist attitude is not explicitly claimed by the Justices who rather hold to the theory of formalism which sees law as determinate, with judges and juries obliged to discover the objective truth.

Judges, Beliefs, opinions and attitudes, Jury selection, Judicial selection

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Media concentration and democracy

Article Abstract:

Commentary and discussion focus on effects to democratic society when media becomes concentrated, owned by only a few corporate entities, and globalized.

United States, Evaluation, Telecommunications industry, Communications industry, Freedom of the press

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