The knock and announce rule: a new approach to the destruction-of-evidence exception

Article Abstract:

The destruction-of-evidence exception to the 'knock and announce' rule under the Fourth Amendment should be applied under a 'reasonable alternatives' approach. Many courts allow a blanket exception for any case involving drugs, an approach which tends to overwhelm the rule. Other courts apply a 'particularity approach' requiring probable cause, but this approach tends to lessen the effectiveness of law enforcement. The proposed 'reasonable alternatives' approach would include a good faith requirement and would encourage use of alternatives such as entry by ruse rather than by force.

Narcotics, Control of, Narcotics control, Searches and seizures, Evidence, Criminal, Criminal evidence

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Solving the problem of gender and racial bias in administrative adjudication

Article Abstract:

The hybrid status of administrative law judges (ALJs), as both independent judges and administrative agency officials, has complicated the development of law covering bias in administrative hearings. Procedures for addressing gender, race and ethnic group bias could be developed without violating the independence of ALJs. Mechanisms should be established for raising and resolving bias complaints that include involving the special counsel for an agency, developing a record and using a committee composed of other ALJs.

Analysis, Discrimination in justice administration, Justice discrimination

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Alaska Hunters and the D.C. Circuit: a defense of flexible interpretive rulmaking

Article Abstract:

The author examines US Court of Appeals for the District of Columbia cases regarding the Administrative Procedure Act and the mandated notice procedure when agencies change the interpretation of their own rules. He concludes the court has failed to address the correct problems with administrative interpretation.

United States, Interpretation and construction, Administrative law

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