Berkemer Revisited: Uncovering the Middle Ground Between Miranda and the New Terry

Over the past twenty-five years, appellate courts have significantly expanded the scope of police authority to stop and frisk potential suspects without probable cause, a power originally granted to law enforcement by the Supreme Court in Terry v. Ohio. This development has led Terry’s once limited licensing of police searches to run into conflict with a defendant’s right against compulsory self-incrimination while in police custody, as articulated by Miranda v. Arizona. This Note explores the contours of this unforeseen collision between two core constitutional doctrines and the solutions generated by appellate courts to resolve the conflict. Courts today are generally divided as to whether Miranda should apply during a valid, but intrusive Terry stop. This Note argues that a distinct overlap now exists between Miranda and Terry; one that should compel courts to invoke Miranda where police detain and question a suspect in a manner analogous to custodial interrogation. However, this Note also stresses that courts should be vigilant in enforcing the public safety exception to Miranda, particularly in light of Terry’s inherent unpredictability and extemporaneous nature

LAND AND AGRARIAN REFORM IN THE KYRGYZ REPUBLIC

This report presents LTC's findings and recommendations on the land tenure transition. The information contained in this report has been used to prepare a second document, Land and Agrarian Reform in the Kyrgyz Republic: Consolidation Plan, that proposes a set of actions to ensure that the reforms are completed and produce a viable, market-oriented, agricultural sector. Chapter 1 offers baseline geographic information on the KR, an account of the macroeconomic environment in which reforms are taking place, a brief project history, and a description of the research methods. Chapter 2 chronicles the legal and regulatory changes that have driven land and agrarian reform in the KR since 1991 and evaluates this legislation for its legal consistency, underlying economic assumptions, and broad policy implications. Chapter 3 employs national land statistics to describe changes in the agrarian structure that have resulted from the legal and regulatory evolution during 1991-1995, including the number and size of farms, land use, and related indicators of land tenure change and agrarian reform. Chapter 4 reviews the structure, function, and efficacy of administrative bodies that set and enforce land and land reform policy, recommends administrative adjustments, and identifies land administration tasks the state can eliminate-and others it will need to bolster-as the KR completes its transition from command structures to market principles in agriculture. Finally, Chapter 5 uses data obtained in structured surveys and case studies conducted by LTC on a 10 percent sample of former state and collective farms to describe at the farm level the successes and shortcomings of reform measures to date; the chapter also makes recommendations for new or altered land reform policies and procedures.Agrarian structure--Kyrgyzstan, Land administration--Kyrgyzstan, Land reform--Kyrgyzstan, Land tenure--Government policy--Kyrgyzstan, Land tenure--Kyrgyzstan, Land titles--Registration and transfer--Kyrgyzstan, International Development, Land Economics/Use,

Land Markets, Employment, and Resource Use in the Peri-Urban Green Zones of Maputo, Mozambique: A Case Study of Land Market Rigidities and Institutional Constraints to Economic Growth

Beginning in January 1991, the U.S. Agency for International Development funded a series of studies on land, employment, and financial markets in the peri-urban areas of Maputo. Beginning in September 1991, a land-market survey involving 121 households and 162 plots of land was administered in two peri-urban green zones of Maputo-districts 4 and 6. Households were queried about their land-settlement histories, mode of land acquisition, terms and conditions of transfer, land rights, size of holdings, perceptions of tenure security, land-use practices, commercial input use, hired labor, agricultural sales and revenues, nonfarm employment and earnings, and general demographic characteristics. The present study reports findings from the land-market survey along with numerous other interviews with producers, buyers and sellers of land, local authorities, and district and national officials in Maputo and its surrounding peri-urban green zones. Section 1 is introductory while section 2 covers the legal foundation of land tenure and describes the various authorities and agencies responsible for setting and enforcing land policy in the peri-urban zone. Section 3 explains the research design and sampling frame used to select households and landholdings for the study, choice of strata, survey instruments, research questions, and data limitations. Section 4 provides a statistical profile of the household economy while section 5 examines processes of land settlement, land acquisition, types and sources of land dispute, and registration benefits. In section 6, economic and political factors are linked with land prices to explain the determination of "reservation" and "offer" prices of land and to evaluate the influence of market factors and Possible asymmetries in information and bargaining position on land-price perceptions.Land Economics/Use,

LAND RIGHTS AND INTRA-HOUSEHOLD EMPLOYMENT AND RESOURCE USE IN THE PERI-URBAN AREA OF BANJUL, THE GAMBIA

As part of cooperative research program examining factor markets in peri-urban areas of The Gambia (Banjul and Serekunda) to see if they are constraining agricultural growth and employment, particularly in the horticultural subsector, the household production survey reported in this study assesses inter- and intrahousehold issues of market access and constraints to land-improving investment and productivity. Implemented in 1993, survey is highly disaggregated by plot, gender, enterprise, and type of employment.Land tenure--Gambia--Banjul Region, Vendors and purchasers--Gambia--Banjul Region, Household production--Gambia, Research methods, Rural conditions--Gambia, Rural off-farm employment--Gambia, Income and wealth--Gambia, Land markets--Gambia, Tenure types, Traditional--Gambia, Labor and Human Capital, Land Economics/Use,

LAND MARKETS AND LEGAL CONTRADICTIONS IN THE PERI-URBAN AREA OF ACCRA GHANA: INFORMANT INTERVIEWS AND SECONDARY DATA INVESTIGATIONS

The peri-urban area of Accra is experiencing a rapid transformation. A robust urban and agricultural land market has emerged, characterized by purchases, rapidly rising real land prices, and outsiders from Accra acquiring agricultural holdings for residential and commercial use. The fact that residences are being built, commercial firms are being established, and large firms are acquiring land for commercial interests attests to the ability of the customary system to enable transfers for productive activity. Nevertheless, limited or uncertain property rights increase investment costs and differential access to information in the land market affects equity. This paper seeks to better understand: (a) the land market in peri-urban Accra, (b) the process by which land held by indigenous communities is transferred to outsiders enabling the conversion of unoccupied or agricultural land into residential or commercial uses, and (c) the contradictions and frictions that exist at the interface of land transfers under customary and statutory systems. It further seeks to examine the possibility that uncertain property rights and high litigation costs are constraining commercial and agricultural investment, and to identify the economic and social factors that determine levels of premiums associated with transactions, and the duration of the customary allocation.Land tenure -- Ghana -- Accra Region, Land tenure -- Law and legislation - -Ghana, Land use, urban -- Ghana -- Accra Region, Real property -- Ghana -- Accra Region, Land reform -- Law and legislation -- Ghana, Land markets -- Ghana, Land tenure, urban -- Ghana, Land administration -- Law and legislation -- Ghana, Tenure types, Traditional -- Ghana, Research methods, Land Economics/Use,

Legal Uncertainty and Land Disputes in the Peri-Urban Areas of Mozambique: Land Markets in Transition

The Government of Mozambique is considering legal changes in its land law and administration of state leasehold property-an enormous challenge given its past socialist history and the uncertainties created by its current transition to a private market economy. The present research sought to identify dispute causes and de facto processes of dispute resolution as one basis for gauging inadequacies in the current law and system of state land administration.Land Economics/Use,