Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Entire DC Network
Newdow V. Rio Linda Union School Disctrict: Religious Coercion In Public Schools Unconstitutional Despite Voluntary Nature Of Partially Patriotic Activity, Daniel D. Blom
Golden Gate University Law Review
This Note examines Newdow v. Rio Linda Union School District and explains why California Education Code Section 52720 and the School District’s policy of reciting the Pledge violate the Establishment Clause. Part I discusses the background facts and procedural history of the case and the three tests that were developed by the United States Supreme Court to analyze Establishment Clause challenges. Part II examines the Ninth Circuit’s application of the three Establishment Clause tests to the facts of this case. Finally, Part III explains why the Coercion Test is the determinative test in the context of government action in public …
United States V. Pineda-Moreno, Tracking Down Individuals' Reasonable Expectation Of Privacy In The Information Age, Caitlin Emmett
United States V. Pineda-Moreno, Tracking Down Individuals' Reasonable Expectation Of Privacy In The Information Age, Caitlin Emmett
Golden Gate University Law Review
In Pineda-Moreno, the Ninth Circuit held that prolonged police monitoring of a defendant’s precise location through the use of GPS transmitters did not constitute a search. In so holding, the Ninth Circuit relied on the Supreme Court decision in United States v. Knotts. Knotts held that “[a] person traveling in an automobile on public thoroughfares has no reasonable expectation of privacy in his movements from one place to another.” Prior to the Ninth Circuit’s decision in Pineda-Moreno, most federal appellate courts interpreted Knotts to hold that location tracking outside the home is analogous to physical surveillance and …