Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Fourth Amendment (31)
- Constitutional Law (27)
- Criminal Procedure (27)
- Privacy Law (23)
- Science and Technology Law (22)
-
- Computer Law (6)
- Criminal Law (6)
- Civil Rights and Discrimination (5)
- Internet Law (5)
- Law Enforcement and Corrections (4)
- Evidence (3)
- First Amendment (3)
- National Security Law (3)
- Air and Space Law (2)
- Fourteenth Amendment (2)
- Immigration Law (2)
- Public Law and Legal Theory (2)
- Social and Behavioral Sciences (2)
- Arts and Humanities (1)
- Communication (1)
- Criminology and Criminal Justice (1)
- Ethics and Political Philosophy (1)
- Judges (1)
- Jurisprudence (1)
- Land Use Law (1)
- Law and Society (1)
- Legal History (1)
- Legal Studies (1)
- Legislation (1)
- Publication Year
- Publication
-
- Stephen E Henderson (24)
- David Kaye (2)
- Hillary B. Farber (1)
- Irene Scharf (1)
- Jacqueline Webb (1)
-
- Kit Kinports (1)
- Lori B. Andrews (1)
- Margaret Hu (1)
- Megan Annitto (1)
- Melanie M. Reid (1)
- Naomi Harlin Goodno (1)
- Richard H Seamon (1)
- Robert Bloom (1)
- Robert M. Bloom (1)
- Robert Vaughn, J.D. (1)
- Sam Hanna (1)
- Sarah Mourer (1)
- Scott W. Howe (1)
- Suzanne Darrow Kleinhaus (1)
- Timothy C. MacDonnell (1)
- Victor C. Romero (1)
Articles 31 - 45 of 45
Full-Text Articles in Entire DC Network
Juvenile Justice On Appeal, Megan Annitto
“A More Majestic Conception:” The Importance Of Judicial Integrity In Preserving The Exclusionary Rule, Robert M. Bloom, David H. Fentin
“A More Majestic Conception:” The Importance Of Judicial Integrity In Preserving The Exclusionary Rule, Robert M. Bloom, David H. Fentin
Robert M. Bloom
In Mapp v. Ohio (1961), the Warren Court held that the so-called exclusionary rule was applicable to the states. Subsequent Supreme Courts have shown their disenchantment with the rule by seeking to curb its applicability. Most recently, the Court has characterized the exclusionary rule as a “massive remedy” to be applied only as a “last resort.” The Courts’ analytical framework for the last thirty-five years for cutting back the exclusionary rule was a balancing test which weighed the costs of suppressing reliable evidence with the benefits of deterring future police violations. This balancing has been used most recently in two …
How Public Schools Can Constitutionally Halt Cyberbullying: A Model Cyberbullying Policy That Survives First Amendment, Fourth Amendment, And Due Process Challenges, Naomi Harlin Goodno
How Public Schools Can Constitutionally Halt Cyberbullying: A Model Cyberbullying Policy That Survives First Amendment, Fourth Amendment, And Due Process Challenges, Naomi Harlin Goodno
Naomi Harlin Goodno
There have been all too many recent cases where children are taking their lives because of cyberbullying. Schools, courts, and legislatures are struggling with how to deal with such tragedies. Imagine two public school students, Joe and Jane. Joe punches Jane during class. The school is certainly within its legal rights to discipline Joe. Assume, instead, Joe punches Jane while both are walking home from school. The school cannot discipline Joe because the act took place off-campus. Now, assume instead, that Joe, while at home and using his own laptop, creates a website about Jane stating that he wished she …
The Talmudic Rule Against Self-Incrimination And The American Exclusionary Rule: A Societal Prohibition Versus An Affirmative Individual Right, Suzanne Darrow Kleinhaus
The Talmudic Rule Against Self-Incrimination And The American Exclusionary Rule: A Societal Prohibition Versus An Affirmative Individual Right, Suzanne Darrow Kleinhaus
Suzanne Darrow Kleinhaus
No abstract provided.
Reconsidering A Parent’S ‘Apparent’ Authority In Intergenerational Co-Residence: The Need For A Paradigm Shift In Evaluating Parental Consent To Search Adult Children’S Bedrooms, Hillary B. Farber
Hillary B. Farber
Intergenerational households are the fastest growing living arrangement in the country. The foreclosure crisis, high unemployment rate, and exorbitant health care costs are causing adults across the generational spectrum to make choices based on their newly realized financial circumstances. An important social effect caused by the weakened economy is that more adult children are moving back into their parent’s home, and aging parents are increasingly seeking refuge in their adult child’s home.
Firmly established precedent makes clear that a parent’s consent to a police search of a minor child’s bedroom for evidence of a minor’s criminal activity is a reasonable …
The Timely Demise Of The Fourth Amendment Third Party Doctrine, Stephen E. Henderson
The Timely Demise Of The Fourth Amendment Third Party Doctrine, Stephen E. Henderson
Stephen E Henderson
In what may be a slightly premature obituary, in this response to a forthcoming paper by Matthew Tokson I argue that the Fourth Amendment third party doctrine "has at least taken ill, and it can be hoped it is an illness from which it will never recover." It is increasingly unpopular as a matter of state constitutional law, has long been assailed in scholarship but now thoughtful alternatives are percolating, and it cannot – or at least should not – withstand the pressures which technology and social norms are placing upon it. Even the Supreme Court seems loath to defend …
‘Move On’ Orders As Fourth Amendment Seizures, Stephen E. Henderson
‘Move On’ Orders As Fourth Amendment Seizures, Stephen E. Henderson
Stephen E Henderson
If a police officer orders one to move on, must the recipient comply? This article analyzes whether there is a federal constitutional right to remain, and in particular whether a police command to move on constitutes a seizure of the person for purposes of the Fourth Amendment. Although it is a close question, I conclude that the Fourth Amendment typically does not restrict a move on (MO) order, and that substantive due process only prohibits the most egregious such orders. It is a question of broad significance given the many legitimate reasons police might order persons to move on, as …
Let's Talk About Sex (Education): A Novel Interpretation Of The Meyer-Pierce Standard Governing Parental Control In Public Schools, Jacqueline Webb
Let's Talk About Sex (Education): A Novel Interpretation Of The Meyer-Pierce Standard Governing Parental Control In Public Schools, Jacqueline Webb
Jacqueline Webb
This Comment addresses the importance of parental control with regard to sex education in public schools and provides a workable middle of the road standard which balances the Constitutionally-granted rights of parents to control the upbringing of their children with the State’s interest in the education of its youngest citizens.
This Comment argues that the Meyer-Pierce standard has been incorrectly interpreted as creating two polar opposite views with regard to parental control in public schools, and a middle of the road standard is a more suitable application which protects both the parents’ Constitutionally-granted rights and the States’ interest. Part II …
Reforming Eyewitness Identification Procedures Under The Fourth Amendment, Sarah Anne Mourer
Reforming Eyewitness Identification Procedures Under The Fourth Amendment, Sarah Anne Mourer
Sarah Mourer
This article proposes that the high probability of misidentification associated with unregulated eyewitness identification procedures requires Fourth Amendment protections. This risk of misidentification amounts to a significant privacy intrusion under the Fourth Amendment. The physical aspect of a lineup is recognized by courts as a privacy invasion pursuant to the Fourth Amendment. Courts, such as Davis. v. Mississippi, also suggest that the lack of reliability of pretrial investigatory procedures requires heightened Fourth Amendment protections. This article also examines the fact that a procedural due process analysis of eyewitness identifications alone fails to protect citizens from misidentification and should not be …
Domestic Surveillance For International Terrorists: Presidential Power And Fourth Amendment Limits, Richard H. Seamon
Domestic Surveillance For International Terrorists: Presidential Power And Fourth Amendment Limits, Richard H. Seamon
Richard H Seamon
After 9/11, the President authorized the National Security Agency to conduct warrantless electronic surveillance of American residents. Critics of this so called “Terrorist Surveillance Program” (TSP) say it violates the Foreign Intelligence Surveillance Act of 1978 (FISA) and the Fourth Amendment. Defenders of the TSP counter that, regardless whether it violates FISA, it falls within the President's congressionally irreducible power to protect national security and within the relaxed Fourth Amendment governing national security searches. This article focuses on the overlooked connection between the issues of whether the TSP (1) falls within the President’s powers; or (2) violates the Fourth Amendment. …
The Technology Of Surveillance: Will The Supreme Court's Expectations Ever Resemble Society's?, Stephen E. Henderson
The Technology Of Surveillance: Will The Supreme Court's Expectations Ever Resemble Society's?, Stephen E. Henderson
Stephen E Henderson
Beyond The (Current) Fourth Amendment: Protecting Third-Party Information, Third Parties, And The Rest Of Us Too, Stephen E. Henderson
Beyond The (Current) Fourth Amendment: Protecting Third-Party Information, Third Parties, And The Rest Of Us Too, Stephen E. Henderson
Stephen E Henderson
For at least thirty years the Supreme Court has adhered to its third-party doctrine in interpreting the Fourth Amendment, meaning that so far as a disclosing party is concerned, information in the hands of a third party receives no Fourth Amendment protection. The doctrine was controversial when adopted, has been the target of sustained criticism, and is the predominant reason that the Katz revolution has not been the revolution many hoped it would be. Some forty years after Katz the Court's search jurisprudence largely remains tied to property conceptions. As I have demonstrated elsewhere, however, the doctrine is not the …
Learning From All Fifty States: How To Apply The Fourth Amendment And Its State Analogs To Protect Third Party Information From Unreasonable Search, Stephen E. Henderson
Learning From All Fifty States: How To Apply The Fourth Amendment And Its State Analogs To Protect Third Party Information From Unreasonable Search, Stephen E. Henderson
Stephen E Henderson
We are all aware of, and many commentators are critical of, the Supreme Court's third-party doctrine, under which information provided to third parties receives no Fourth Amendment protection. This constitutional void becomes increasingly important as technology and social norms dictate that increasing amounts of disparate information are available to third parties. But we are not solely dependent upon the Federal Constitution. We may have more constitutional protection as citizens of states, each of which has a constitutional cognate or analog to the Federal Fourth Amendment. As Justice Brennan urged in a famous 1977 article, those provisions should be interpreted to …
Nothing New Under The Sun? A Technologically Rational Doctrine Of Fourth Amendment Search, Stephen E. Henderson
Nothing New Under The Sun? A Technologically Rational Doctrine Of Fourth Amendment Search, Stephen E. Henderson
Stephen E Henderson
The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures. Yet as interpreted by the United States Supreme Court, the Amendment places no restriction on police combing through financial records; telephone, e-mail and website transactional records; or garbage left for collection. Indeed there is no protection for any information knowingly provided to a third party, because the provider is said to retain no reasonable expectation of privacy in that information. As technology dictates that more and more of our personal lives are available to anyone equipped to receive them, and as social norms dictate that more and …
The Troubling Influence Of Equality In Constitutional Criminal Procedure: From Brown To Miranda, Furman And Beyond, Scott Howe
Scott W. Howe
This article identifies and critiques a theory of the criminal clauses revealed in Supreme Court decisions after Brown v. Board of Education. As the title implies, the article contends that the Court has often gone astray in constructing these clauses by focusing on equality. The article contends that the criminal clauses are better understood as discrete protections of individual liberty than as reflecting a unified theory or separate theories about equality. The article proposes a reformulation of doctrine in varied realms of constitutional criminal procedure, including police interrogation, capital sentencing and administrative searches and seizures.