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Full-Text Articles in Law
Sacrificing Liberty For Security: North Carolina's Unconstitutional Search And Seizure Of Arrestee Dna, Michael J. Crook
Sacrificing Liberty For Security: North Carolina's Unconstitutional Search And Seizure Of Arrestee Dna, Michael J. Crook
Campbell Law Review
This Comment examines the constitutionality of North Carolina’s DNA Database Act of 2010. The Act is a newly passed expansion of the existing state DNA database, and this Comment argues that North Carolina’s expansion authorizes a constitutionally impermissible, mandatory, suspicionless, and warrantless search and seizure of DNA and the information contained therein. With warrantless searches, the default rule is that they are “per se unreasonable under the Fourth Amendment— subject only to a few specifically established and well-delineated exceptions.” The Act should not survive Fourth Amendment scrutiny because it does not qualify as a well-delineated exception to the warrant requirement: …
Searching For The Fourth Amendment: In A Post-September 11th World, Does The Rationale Of The Fourth Circuit In United States V. Jenkins Reduce The Fourth Amendment Protections Of Individuals On Military Installations?, Ryan Leary
Campbell Law Review
This comment will begin by discussing how the Fourth Circuit's rationale in United States v. Jenkins could be interpreted as an exception to the Fourth Amendment's warrant and probable cause requirements on closed military installations. Next, this comment will establish the legal definition of a closed military base to determine the potential impact of any interpretation of the Fourth Circuit's decision in Jenkins. Then, this comment will analyze how Jenkins could be interpreted in both broad and narrow ways and why the narrower reading of the Jenkins opinion should be followed. This comment will then consider how other circuits have …
Why The United States Supreme Court's Rule In Kyllo V. United States Is Not The Final Word On The Constitutionality Of Thermal Imaging, Sarilyn E. Hardee
Why The United States Supreme Court's Rule In Kyllo V. United States Is Not The Final Word On The Constitutionality Of Thermal Imaging, Sarilyn E. Hardee
Campbell Law Review
No abstract provided.
Criminal Procedure - Match-Game 1990'S: The Admissibility Of Dna Profiling - State V. Pennington, W. Anthony Purcell
Criminal Procedure - Match-Game 1990'S: The Admissibility Of Dna Profiling - State V. Pennington, W. Anthony Purcell
Campbell Law Review
This Note discusses the nature, history, and effect of DNA profiling and supports the Pennington court's holding as the correct approach. Although the court adopted the majority view, and most likely the correct view, this area of law still remains in a state of confusion.
Scarlet Letter Lawsuits: Private Affairs And Public Judgments, Lynn Buzzard
Scarlet Letter Lawsuits: Private Affairs And Public Judgments, Lynn Buzzard
Campbell Law Review
This article will review the legal issues related to church discipline which are raised by Guinn v. Church of Christ of Collinsville. Part II will provide an overview of the general legal bases for church rights of internal control and discipline in associational and first amendment law. Part III will note the traditional limited scope of tort claims, and defenses to them, raised in church discipline cases. Part IV will note the newer claims grounded in the modern torts of invasion of privacy and infliction of emotional distress as represented by Guinn in church discipline-related suits. Part V will suggest …