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Articles 1 - 19 of 19
Full-Text Articles in Law
"Drug Testing Of Government Employees Should Not Be A Matter Of Fourth Amendment Concern" Cries A Lone Voice In A Wilderness Of Opposition, Ronald W. Truman
"Drug Testing Of Government Employees Should Not Be A Matter Of Fourth Amendment Concern" Cries A Lone Voice In A Wilderness Of Opposition, Ronald W. Truman
BYU Law Review
No abstract provided.
Federalism, Separation Of Powers, And Individual Liberties, Dennis G. Lagory
Federalism, Separation Of Powers, And Individual Liberties, Dennis G. Lagory
Vanderbilt Law Review
In a world that the Framers hardly could have anticipated, the Constitution remains a singularly effective instrument for the pres- ervation of individual liberty. In its allocation of power between the states and the federal government, it provides Americans with multiple champions of their rights--the federal government, which protects a liberty that is constantly evolving to adapt traditional values to new realities, and the state governments, which protect the basic liberties to which mankind has always been entitled. In its allocation of power between the branches of the federal government, the Constitution provides us with a polity possessing powers adequate …
Webster V. Doe, Lewis F. Powell, Jr.
California V. Greenwood, Lewis F. Powell Jr.
California V. Greenwood, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Defining The "Reasonable Expectation Of Privacy": An Emerging Tripartite Analysis, Richard G. Wilkins
Defining The "Reasonable Expectation Of Privacy": An Emerging Tripartite Analysis, Richard G. Wilkins
Vanderbilt Law Review
A recent, illustrated version of the United States Constitution,issued in commemoration of its bicentennial, portrays the fourth amendment with a drawing of a home sitting atop the turret of a castle. The artistic statement aptly captures the common understanding of fourth amendment protections: A man's home is his castle, at least when it comes to governmental intrusions. Two recent Supreme Court decisions, however, that uphold the aerial surveillance of a suburban backyard and a commercial manufacturing facility, appear to challenge this popular perception. The home may be a castle-but that castle is impregnable only when nothing photogenic is occurring in …
'Comparative Reprehensibility' And The Fourth Amendment Exclusionary Rule, Yale Kamisar
'Comparative Reprehensibility' And The Fourth Amendment Exclusionary Rule, Yale Kamisar
Articles
It is not . . . easy to see what the shock-the-conscience test adds, or should be allowed to add, to the deterrent function of exclusionary rules. Where no deterrence of unconstitutional police behavior is possible, a decision to exclude probative evidence with the result that a criminal goes free to prey upon the public should shock the judicial conscience even more than admitting the evidence. So spoke Judge Robert H. Bork, concurring in a ruling that the fourth amendment exclusionary rule does not apply to foreign searches conducted exclusively by foreign officials. A short time thereafter, when an interviewer …
The Incorporation Doctrine And Procedural Due Process Under The Fourteenth Amendment: An Overview, Robert L. Cord
The Incorporation Doctrine And Procedural Due Process Under The Fourteenth Amendment: An Overview, Robert L. Cord
BYU Law Review
No abstract provided.
City Of Palm Bay V. Bauman, 475 So. 2d 1322 (5th Dca 1985), Wm. Andrew Hamilton
City Of Palm Bay V. Bauman, 475 So. 2d 1322 (5th Dca 1985), Wm. Andrew Hamilton
Florida State University Law Review
Constitutional Law-DRUG TESTING OF FLORIDA'S PUBLIC EMPLOYEES: WHEN MAY A PUBLIC EMPLOYER REQUIRE URINALYSIS?
State Constitutions, Freedom Of Expression, And Search And Seizure: Prospects For State Court Reincarnation, Sue Davis, Taunya Lovell Banks
State Constitutions, Freedom Of Expression, And Search And Seizure: Prospects For State Court Reincarnation, Sue Davis, Taunya Lovell Banks
Faculty Scholarship
No abstract provided.
Interception Of Communications In Exigent Circumstances: The Fourth Amendment, Federal Legislation, And The United States Department Of Justice, Clifford S. Fishman
Interception Of Communications In Exigent Circumstances: The Fourth Amendment, Federal Legislation, And The United States Department Of Justice, Clifford S. Fishman
Scholarly Articles
Part I briefly reviews basic Fourth Amendment case law regulating searches and seizures, summarizes the exigent circumstances doctrine, and discusses the applicability of that doctrine to electronic surveillance of communications. Part II outlines Title III's requirements for a "standard" (non-emergency, non-roving) interception order, including what the application and order must contain, and how such an order must be executed. Part III studies the emergency surveillance provision of Title III and reviews Justice Department policies and practices in implementing that provision. Part IV analyzes the new roving intercept provision, discusses its constitutionality, and looks at some practical problems that may arise …
Intrusive Border Searches -- What Protection Remains For The International Traveler Entering The United States After United States V. Montoya De Hernandez And Its Progeny?, Steve Anderson
Vanderbilt Journal of Transnational Law
This Note will examine the standards for initiation of strip, body cavity, and X-ray searches developed by the different circuits as well as the latitude allowed customs agents in carrying out such searches. It will also delve into the effect which Montoya de Hernandez and its progeny have had on this area of the law. Finally, this Note will propose possible solutions to the present confusion in the law.
Lovvorn V. City Of Chattanooga: Watering Down Public Employees' Fourth Amendment Rights, 20 J. Marshall L. Rev. 809 (1987), Laura L. Malinowski
Lovvorn V. City Of Chattanooga: Watering Down Public Employees' Fourth Amendment Rights, 20 J. Marshall L. Rev. 809 (1987), Laura L. Malinowski
UIC Law Review
No abstract provided.
United States V. Ruckman: The Scope Of The Fourth Amendment When A Man's Cave Is Not His Castle, 20 J. Marshall L. Rev. 839 (1987), Gayle P. Arco
United States V. Ruckman: The Scope Of The Fourth Amendment When A Man's Cave Is Not His Castle, 20 J. Marshall L. Rev. 839 (1987), Gayle P. Arco
UIC Law Review
No abstract provided.
Is The Fourth Amendment Obsolete?–Restating The Fourth Amendment In Functional Terms, John M.A. Dipippa
Is The Fourth Amendment Obsolete?–Restating The Fourth Amendment In Functional Terms, John M.A. Dipippa
Faculty Scholarship
No abstract provided.
Police Encouragement And The Fourth Amendment, 20 J. Marshall L. Rev. 661 (1987), Barry D. Green
Police Encouragement And The Fourth Amendment, 20 J. Marshall L. Rev. 661 (1987), Barry D. Green
UIC Law Review
No abstract provided.
Edward L. Barrett, Jr.: The Critic With 'That Quality Of Judiciousness Demanded Of The Court Itself', Yale Kamisar
Edward L. Barrett, Jr.: The Critic With 'That Quality Of Judiciousness Demanded Of The Court Itself', Yale Kamisar
Articles
Barrett was as talented and as dedicated a law teacher as any of his distinguished (or soon-to-become-distinguished) contemporaries. But Barrett resisted the movement toward new rights in fields where none had existed before. At least, he was quite uneasy about the trend. To be sure, others in law teaching shared Barrett's concern that the clock was spinning too fast. Indeed, some others were quite vociferous about it.' But because his criticism was cerebral rather than emotional - because he fairly stated and fully explored the arguments urging the courts to increase their tempo in developing constitutional rights - Barrett was …
Shared Privacy And The Fourth Amendment, Or The Rights Of Relationships, Mary I. Coombs
Shared Privacy And The Fourth Amendment, Or The Rights Of Relationships, Mary I. Coombs
Articles
No abstract provided.
Citizen's Arrests And The Fourth Amendment--A Fresh Perspective, Howard E. Wallin
Citizen's Arrests And The Fourth Amendment--A Fresh Perspective, Howard E. Wallin
Touro Law Review
No abstract provided.
State Adoption Of Federal Law: Exploring The Limits Of Florida's "Forced Linkage" Amendment, Christopher Slobogin
State Adoption Of Federal Law: Exploring The Limits Of Florida's "Forced Linkage" Amendment, Christopher Slobogin
Vanderbilt Law School Faculty Publications
This article examines the "forced linkage" between state and federal provisions that the 1983 amendment establishes in Florida. It concludes that forced linkage is ill-conceived, because it is inimical to state court independence. Accordingly, this article argues, the 1983 amendment to article I, section 12 of the Florida Constitution should be repealed. If not repealed, it should be interpreted to permit Florida courts broad discretion in developing their own stance on search and seizure law. So construed, the amendment would only require Florida courts to abide by those United States Supreme Court opinions that provide (1) an authoritative holding that …