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Reconsideration Of The Katz Expectation Of Privacy Test, Michigan Law Review Nov 1977

Reconsideration Of The Katz Expectation Of Privacy Test, Michigan Law Review

Michigan Law Review

This Note, by modifying certain aspects of the reasonable expectation of privacy test, offers a theory that attempts to identify the minimum content of the fourth amendment. In the first section, the Note examines the reasonable expectation of privacy test and considers whether it has been or can be applied in a manner that fails to protect the right to have certain minimum expectations of privacy. It analyzes both the "actual" and the "reasonable" expectation requirements, identifies weaknesses inherent in the current application of these requirements, and suggests certain ways in which they might be refined. In the second section, …


The Life And Times Of Boyd V. United States (1886-1976), Michigan Law Review Nov 1977

The Life And Times Of Boyd V. United States (1886-1976), Michigan Law Review

Michigan Law Review

In Boyd v. United States, the Supreme Court held that the fourth and fifth amendments create a zone of privacy encompassing an individual's person and property. The government, according to Boyd, cannot enter this zone, either by compelling an individual to testify against himself or by subpoenaing or seizing his books and papers for use as evidence against him in a criminal or quasi-criminal proceeding. The Court found an "intimate relation" between the two amendments such that the search and seizure of books and papers may be "unreasonable" even if conducted pursuant to a court order.

Over time, …


Toward A Right Of Privacy As A Matter Of State Constitutional Law, Gerald B. Cope, Jr. Oct 1977

Toward A Right Of Privacy As A Matter Of State Constitutional Law, Gerald B. Cope, Jr.

Florida State University Law Review

No abstract provided.


Privacy, Appropriation, And The First Amendment: A Human Cannonball's Rather Rough Landing, Richard G. Wilkins Sep 1977

Privacy, Appropriation, And The First Amendment: A Human Cannonball's Rather Rough Landing, Richard G. Wilkins

BYU Law Review

No abstract provided.


Constitutional Law-Right Of Privacy-State Statute Prohibiting Private Consensual Sodomy Is Constitutional-Doe V. Commonwealth's Attorney Mar 1977

Constitutional Law-Right Of Privacy-State Statute Prohibiting Private Consensual Sodomy Is Constitutional-Doe V. Commonwealth's Attorney

BYU Law Review

No abstract provided.


Foia And Privacy Act Interface: Toward A Resolution Of Statutory Conflict, Michelle Leslie Oxman Jan 1977

Foia And Privacy Act Interface: Toward A Resolution Of Statutory Conflict, Michelle Leslie Oxman

Loyola University Chicago Law Journal

No abstract provided.


Illinois And The Right Of Privacy: History And Current Status, 11 J. Marshall J. Prac. & Proc. 91 (1977), Jay M. Hanson Jan 1977

Illinois And The Right Of Privacy: History And Current Status, 11 J. Marshall J. Prac. & Proc. 91 (1977), Jay M. Hanson

UIC Law Review

No abstract provided.


United States V. Miller: Without A Right To Informational Privacy, Who Will Watch The Watchers, 10 J. Marshall J. Prac. & Proc. 629 (1977), Patrick L. Moore Jan 1977

United States V. Miller: Without A Right To Informational Privacy, Who Will Watch The Watchers, 10 J. Marshall J. Prac. & Proc. 629 (1977), Patrick L. Moore

UIC Law Review

No abstract provided.


Sexual Privacy: Access Of A Minor To Contraceptives, Abortion, And Sterilization Without Parental Consent, Karen Henenberg Jan 1977

Sexual Privacy: Access Of A Minor To Contraceptives, Abortion, And Sterilization Without Parental Consent, Karen Henenberg

University of Richmond Law Review

Until recently, a minor's access to ordinary medical treatment and to such services as contraception, abortion, and sterilization has been severely limited by the legal prerequisite of parental consent. While purporting to act in the minor's best interest, the law has hindered making such medical care available to minors who need and desire it. However, the law has been changing; relying on privacy rights as protected by the Constitution, courts and legislatures have granted independent access-in a selective and piecemeal fashion-to medical services concerning reproductive capacity and sexual activity.


Agency Implementation Of The Privacy Act And The Freedom Of Information Act: Impact On The Government's Collection. Maintenance And Dissemination Of Personally Identifiable Information, 10 J. Marshall J. Prac. & Proc. 465 (1977), Robert R. Belair Jan 1977

Agency Implementation Of The Privacy Act And The Freedom Of Information Act: Impact On The Government's Collection. Maintenance And Dissemination Of Personally Identifiable Information, 10 J. Marshall J. Prac. & Proc. 465 (1977), Robert R. Belair

UIC Law Review

No abstract provided.


Doe V. Commonwealth's Attorney: A Set-Back For The Right Of Privacy, Tim O'Neill Jan 1977

Doe V. Commonwealth's Attorney: A Set-Back For The Right Of Privacy, Tim O'Neill

Kentucky Law Journal

No abstract provided.