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Articles 1 - 9 of 9
Full-Text Articles in Law
Recording As Heckling, Scott Skinner-Thompson
Recording As Heckling, Scott Skinner-Thompson
Publications
A growing body of authority recognizes that citizen recording of police officers and public space is protected by the First Amendment. But the judicial and scholarly momentum behind the emerging “right to record” fails to fully incorporate recording’s cost to another important right that also furthers First Amendment principles: the right to privacy.
This Article helps fill that gap by comprehensively analyzing the First Amendment interests of both the right to record and the right to privacy in public while highlighting the role of technology in altering the First Amendment landscape. Recording information can be critical to future speech and, …
Revisiting The Mansions And Gatehouses Of Criminal Procedure: Reflections On Yale Kamisar's Famous Essay, William T. Pizzi
Revisiting The Mansions And Gatehouses Of Criminal Procedure: Reflections On Yale Kamisar's Famous Essay, William T. Pizzi
Publications
In 1965, Yale Kamisar published a now-famous essay entitled, Equal Justice in the Gatehouses and Mansions of American Criminal Procedure: From Powell to Gideon, from Escobedo to... to make his case that the Court needed to take action to protect citizens in interrogation rooms, Kamisar used the powerful metaphors of the gatehouse and the mansion to contrast the treatment received in interrogation rooms in the back of police stations with the way defendants were treated when they arrived at courthouses where the power of the state was restricted and they had strong constitutional protections.
On its 50th anniversary since publication, …
Substitution Effects: A Problematic Justification For The Third-Party Doctrine Of The Fourth Amendment, Blake Ellis Reid
Substitution Effects: A Problematic Justification For The Third-Party Doctrine Of The Fourth Amendment, Blake Ellis Reid
Publications
In the past half-century, the Supreme Court has crafted a vein of jurisprudence virtually eliminating Fourth Amendment protection in information turned over to third parties - regardless of any subjective expectation of privacy or confidentiality in the information on the part of the revealer. This so-called “third-party” doctrine of the Fourth Amendment has become increasingly controversial in light of the growing societal reliance on the Internet in the United States, where nearly every transaction requires a user to turn information over to at least one third party: the Internet service provider (“ISP”).
Citing the scholarship that has criticized the third-party …
In The Sweat Box: A Historical Perspective On The Detention Of Material Witnesses, Carolyn B. Ramsey
In The Sweat Box: A Historical Perspective On The Detention Of Material Witnesses, Carolyn B. Ramsey
Publications
After the September 11 terrorist attacks, the Justice Department detained scores of allegedly suspicious persons under a federal material witness statute--a tactic that provoked a great deal of controversy. Most critics assume that the abuse of material witness laws is a new development. Yet, rather than being transformed by the War on Terror, the detention of material witnesses is a coercive strategy that police officers across the nation have used since the nineteenth century to build cases against suspects. Fears of extraordinary violence or social breakdown played at most an indirect role in its advent and growth. Rather, it has …
Wrongful Convictions And The Accuracy Of The Criminal Justice System, H. Patrick Furman
Wrongful Convictions And The Accuracy Of The Criminal Justice System, H. Patrick Furman
Publications
No abstract provided.
Victims' Rights: Rethinking Our "Adversary System", William T. Pizzi
Victims' Rights: Rethinking Our "Adversary System", William T. Pizzi
Publications
No abstract provided.
The Execution Of Search Warrants, H. Patrick Furman
The Execution Of Search Warrants, H. Patrick Furman
Publications
No abstract provided.
The American "Adversary System"?, William T. Pizzi
Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller
Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller
Publications
No abstract provided.