Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Criminal Procedure (7)
- 4th amendment (4)
- Exclusionary rule (3)
- Search and seizure (3)
- Search warrants (3)
-
- Automobile searches (2)
- Probable cause (2)
- 6th Amendment (1)
- Article VI (1)
- Bush administration (1)
- Deliberate elicitation (1)
- Evidence (1)
- Expert testimony (1)
- False testimony (1)
- Fourth amendment (1)
- Good faith exemption (1)
- Inevitable discovery doctrine (1)
- Judicial integrity (1)
- Labor Law (1)
- Law Enforcement and Corrections (1)
- NSA (1)
- National Security Agency (1)
- Nix v. williams (1)
- Patriot Act (1)
- Perjury (1)
- Preponderance of evidence (1)
- Reservation clause (1)
- Search warrant (1)
- Sneak and peak warrant (1)
- Supremacy Clause (1)
Articles 1 - 10 of 10
Full-Text Articles in Law
The Fourth Amendment Fetches Fido: The Future Of Dog Searches, Robert M. Bloom, Dana L. Walsh
The Fourth Amendment Fetches Fido: The Future Of Dog Searches, Robert M. Bloom, Dana L. Walsh
Robert M. Bloom
For over thirty-five years, the Supreme Court has grappled with the controversial issue of affirmative action and race preference. Beginning with Justice Lewis Powell’s influential opinion in Bakke v. U. Cal. Davis in 1978, leeway has been permitted for admissions policies that take account of race, as long as it is not given determinative weight so as to exclude consideration of nonminority candidates, or used to set quotas. As the Court has become increasingly conservative, however, its license for race preference has tightened considerably, and it has become receptive to “reverse discrimination” plaintiffs challenging such policies in universities and the …
United States V. Leon And Its Ramifications, Robert M. Bloom
United States V. Leon And Its Ramifications, Robert M. Bloom
Robert M. Bloom
No abstract provided.
Labor Law—Labor Management Relations Act—Section 8(B)(1)(A)—Court-Enforced Fines Under A Union-Shop Provision.—Nlrb V. Allis-Chalmers Mfg. Co., Mitchell J. Sikora, Robert S. Bloom
Labor Law—Labor Management Relations Act—Section 8(B)(1)(A)—Court-Enforced Fines Under A Union-Shop Provision.—Nlrb V. Allis-Chalmers Mfg. Co., Mitchell J. Sikora, Robert S. Bloom
Robert M. Bloom
No abstract provided.
Jailhouse Informants, Robert M. Bloom
“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 …
Warrant Requirement -- The Burger Court Approach, Robert M. Bloom
Warrant Requirement -- The Burger Court Approach, Robert M. Bloom
Robert M. Bloom
No abstract provided.
The Constitutional Infirmity Of Warrantless Nsa Surveillance: The Abuse Of Presidential Power And The Injury To The Fourth Amendment, Robert M. Bloom, William J. Dunn
The Constitutional Infirmity Of Warrantless Nsa Surveillance: The Abuse Of Presidential Power And The Injury To The Fourth Amendment, Robert M. Bloom, William J. Dunn
Robert M. Bloom
In recent months, there have been many revelations about the tactics used by the Bush Administration to prosecute their war on terrorism. These stories involve the exploitation of technologies that allow the government, with the cooperation of phone companies and financial institutions, to access phone and financial records. This paper focuses on the revelation and widespread criticism of the Bush Administration’s operation of a warrantless electronic surveillance program to monitor international phone calls and emails that originate or terminate with a United States party. The powerful and secret National Security Agency heads the program and leverages its significant intelligence collection …
Inevitable Discovery: An Exception Beyond The Fruits, Robert M. Bloom
Inevitable Discovery: An Exception Beyond The Fruits, Robert M. Bloom
Robert M. Bloom
No abstract provided.
Accounting For Federalism In State Courts - Exclusion Of Evidence Obtained Lawfully By Federal Agents, Robert M. Bloom, Hillary J. Massey
Accounting For Federalism In State Courts - Exclusion Of Evidence Obtained Lawfully By Federal Agents, Robert M. Bloom, Hillary J. Massey
Robert M. Bloom
After the terrorist attacks on September 11th, Congress greatly enhanced federal law enforcement powers through enactment of the U.S.A. Patriot Act. The Supreme Court also has provided more leeway to federal officers in the past few decades, for example by limiting the scope of the exclusionary rule. At the same time, many states have interpreted their constitutions to provide greater individual protections to their citizens than provided by the federal constitution. This phenomenon has sometimes created a wide disparity between the investigatory techniques available to federal versus state law enforcement officers. As a result, state courts sometimes must decide whether …
The Supreme Court And Its Purported Preference For Search Warrants, Robert M. Bloom
The Supreme Court And Its Purported Preference For Search Warrants, Robert M. Bloom
Robert M. Bloom
No abstract provided.