Can Stealthing Qualify? Navigating Rape Exceptions in States’ Abortion Bans

Erin Yonchak, writing on stealthing and on rape exceptions to state abortion bans, concludes that, first, "[c]urrent rape law does not capture a swath of sexual violence, like stealthing—and rape exceptions, as written, do little to provide options for those victims," and second, "if providing abortion access to sexual violence survivors is a priority for legislators in abortion-restricted states, rape exceptions should be broadened to expansively define 'rape' as any unwanted sexual conduct and divorce rape exceptions from the criminal system, which remains an inadequate mechanism for victims of sexual violence."

Failing the Sniff Test: Using Marijuana Odor to Establish Probable Cause in Illinois Post-Legalization

Claire J. Rice surveys state law approaches to establishing probable cause using plain odor and canine sniffs in states that have legalized marijuana, concluding that the Illinois legislature should, first, clarify that marijuana odor cannot serve as the sole basis for probable cause to search a vehicle and, second, ban the use of marijuana-detecting canines.

United States v. Turkiye Halk Bankasi A.S.—the Conundrum of Foreign Sovereign Immunity in Criminal Prosecutions

Youssef Mohamed summarizes how United States v. Turkiye Halk Bankasi A.S. impacts the law of foreign sovereign immunity as it applies in criminal proceedings, ultimately concluding that, without further input from Congress, courts should defer to executive branch determinations of foreign immunity as manifested by the commencement of criminal proceedings.