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Articles 1 - 9 of 9

Full-Text Articles in Law

Password Protected? Can A Password Save Your Cell Phone From A Search Incident To Arrest?, Adam M. Gershowitz May 2011

Password Protected? Can A Password Save Your Cell Phone From A Search Incident To Arrest?, Adam M. Gershowitz

Faculty Publications

Over the last few years, dozens of courts have authorized police to conduct warrantless searches of cell phones when arresting individuals. Under the “search incident to arrest” doctrine, police are free to search text messages, call histories, photos, voicemails, and a host of other data if they arrest an individual and remove a cell phone from his pocket. Given that courts have offered little protection against cell-phone searches, this Article explores whether individuals can protect themselves by password protecting their phones. The Article concludes, unfortunately, that password protecting a cell phone offers minimal legal protection when an individual is lawfully ...


A Parent's "Apparent" Authority: Why Intergenerational Coresidence Requires A Reassessment Of Parental Consent To Search Adult Children's Bedrooms, Hillary B. Farber Jan 2011

A Parent's "Apparent" Authority: Why Intergenerational Coresidence Requires A Reassessment Of Parental Consent To Search Adult Children's Bedrooms, Hillary B. Farber

Faculty Publications

The proliferation of multigenerational U.S. households provides a new perspective on the social customs and practices concerning coresidence in the United States. Rather than relying outdated presumptions of parental control, this Article argues that police should be compelled to conduct a more thorough inquiry before searching areas occupied exclusively by the adult child. Police should differentiate between "common" and private areas, and inquire into any agreements - formal or informal - that the parent and child may have regarding access and control over such areas. By fully recognizing the changing nature of the American household and rejecting a bare reliance on ...


An Overview Of The Capital Jury Project For Military Practitioners: Aggravation, Mitigation, And Admission Defenses, Eric R. Carpenter Jan 2011

An Overview Of The Capital Jury Project For Military Practitioners: Aggravation, Mitigation, And Admission Defenses, Eric R. Carpenter

Faculty Publications

No abstract provided.


A Discourse On The Aba's Criminal Justice Standards: Prosecution And Defense Functions: The Physical Evidence Dilemma: Does Aba Standard 4-4.6 Offer Appropriate Guidance?, Rodney J. Uphoff Jan 2011

A Discourse On The Aba's Criminal Justice Standards: Prosecution And Defense Functions: The Physical Evidence Dilemma: Does Aba Standard 4-4.6 Offer Appropriate Guidance?, Rodney J. Uphoff

Faculty Publications

Since 1966, when criminal defense lawyer Richard Ryder was disciplined for retaining physical evidence that connected his client to a bank robbery, lawyers and courts have struggled with the ethical dilemma of how defense lawyers should deal with physical evidence that potentially incriminates one of their clients. When a lawyer takes possession of an evidentiary item, must she always turn it over to the authorities, as required by most courts that have addressed this dilemma? Or, can defense counsel return the evidence to the source from whom counsel received it as recommended by Standard 4-4.6 of the ABA Criminal ...


Jurisdictional Discovery In Transnational Litigation: Extraterritorial Effects Of United States Federal Practice, S. I. Strong Jan 2011

Jurisdictional Discovery In Transnational Litigation: Extraterritorial Effects Of United States Federal Practice, S. I. Strong

Faculty Publications

This article describes the device in detail, distinguishing it both practically and theoretically from methods used in other common law systems to establish jurisdiction, and discusses how recent US Supreme Court precedent provides international actors with the means of limiting or avoiding this potentially burdensome procedure.


An Overview Of The Capital Jury Project For Military Practitioners: Jury Dynamics, Juror Confusion, And Juror Responsibility, Eric R. Carpenter Jan 2011

An Overview Of The Capital Jury Project For Military Practitioners: Jury Dynamics, Juror Confusion, And Juror Responsibility, Eric R. Carpenter

Faculty Publications

No abstract provided.


Simplifying Discovery And Production: Using Easy Frameworks To Evaluate The 2009 Term Of Cases, Eric R. Carpenter Jan 2011

Simplifying Discovery And Production: Using Easy Frameworks To Evaluate The 2009 Term Of Cases, Eric R. Carpenter

Faculty Publications

No abstract provided.


Book Review Of Fact Finding Without Facts: The Uncertain Evidentiary Foundations Of International Criminal Convictions, Linda A. Malone Jan 2011

Book Review Of Fact Finding Without Facts: The Uncertain Evidentiary Foundations Of International Criminal Convictions, Linda A. Malone

Faculty Publications

No abstract provided.


Evidence, Nancy Amoury Combs Jan 2011

Evidence, Nancy Amoury Combs

Faculty Publications

No abstract provided.