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Articles 1 - 24 of 24
Full-Text Articles in Law
Your Life As An Open Book: Has Technology Rendered Personal Privacy Virtually Obsolete?, Sandra Byrd Peterson
Your Life As An Open Book: Has Technology Rendered Personal Privacy Virtually Obsolete?, Sandra Byrd Peterson
Federal Communications Law Journal
As society becomes increasingly automated, the ability of individuals to protect their "information privacy" is practically nonexistent. Information that was once kept on paper in filing cabinets is now on-line in computer databases. At the touch of a computer key, a complete stranger can conveniently access and compile from a variety of different sources a dossier of intimate, personal information about people without their knowledge. Perhaps more shocking is the current lack of legal recourse available to contest the nonconsensual use of personal data.
In this Note, the Author examines the currently loose constitutional and common-law protections and suggests strategies …
In God We Trust; All Others Who Enter This Store Are Subject To Surveillance, Karen A. Springer
In God We Trust; All Others Who Enter This Store Are Subject To Surveillance, Karen A. Springer
Federal Communications Law Journal
Until recently, Americans could enjoy a quiet conversation over a doughnut and a cup of coffee with the knowledge that the conversation was indeed private. Dramatically, the illusion broke: the "walls have ears" at some Dunkin' Donuts shops in the form of hidden microphones. Employees and management actually listened to customers' "coffee talk." This Note analyzes the requirements of Title III of the Omnibus Crime Control and Safe Streets Act of 1968 and concludes that the surreptitious recording of customers' oral communications violates the spirit and letter of the Act.
Administrative And Private Searches For Smoking Articles Conducted Pursuant To The Federal Mine Safety And Health Act: Constitutional Considerations, David J. Hardy, Maris E. Mccambley
Administrative And Private Searches For Smoking Articles Conducted Pursuant To The Federal Mine Safety And Health Act: Constitutional Considerations, David J. Hardy, Maris E. Mccambley
West Virginia Law Review
No abstract provided.
Improving Constitutional Criminal Procedure, Welsh S. White
Improving Constitutional Criminal Procedure, Welsh S. White
Michigan Law Review
A Review of The Failure of the Criminal Procedure Revolution by Craig M. Bradley
Dangerous Misperceptions: Protecting Police Officers, Society, And The Fourth Amendment Right To Personal Security, Kathryn R. Urbonya
Dangerous Misperceptions: Protecting Police Officers, Society, And The Fourth Amendment Right To Personal Security, Kathryn R. Urbonya
Faculty Publications
No abstract provided.
Of Diaries And Data Banks: Use Restrictions Under The Fourth Amendment, Harold J. Krent
Of Diaries And Data Banks: Use Restrictions Under The Fourth Amendment, Harold J. Krent
All Faculty Scholarship
No abstract provided.
The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil
The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil
LLM Theses and Essays
Under the American approach to criminal justice, freedom of the individual is of the utmost importance. The American criminal justice system reflects a distrust of abuse of power and an emphasis on protection of personal freedom. However, the French take a contrary approach; under French law, freedom is achieved through the State. This paper examines the protection of individuals’ rights in American and French criminal procedure. Focus will be given to tracking the police investigatory powers in each country through searches and seizures, and the impact that those powers have on individuals’ rights. This paper will assert that the police …
Thermal Imaging And The Fourth Amendment: Pushing The Katz Test Towards Terminal Velocity, 13 J. Marshall J. Computer & Info. L. 453 (1995), Daniel J. Polatsek
Thermal Imaging And The Fourth Amendment: Pushing The Katz Test Towards Terminal Velocity, 13 J. Marshall J. Computer & Info. L. 453 (1995), Daniel J. Polatsek
UIC John Marshall Journal of Information Technology & Privacy Law
Thermal imaging technology allows police to ascertain if a suspect is growing marijuana in his home by monitoring the escaping heat from the home. Conflicts between the lower courts on whether thermal imaging is sophisticated technology that is intrusive has not been resolved. Most courts rely on Katz v. United States in developing a reasonable inquiry into whether one's privacy has been invaded. The Katz test fails in part because of the second prong of the court's analysis. The second prong of the test states that an impermissible search occurs when a reasonable expectation of privacy is invaded. Consequently, prosecutors …
Section 1983 Litigation, Martin A. Schwartz
Mandatory Non-Anonymous Testing Of Newborns For Hiv: Should It Ever Be Allowed, 27 J. Marshall L. Rev. 373 (1994), Jean R. Sternlight
Mandatory Non-Anonymous Testing Of Newborns For Hiv: Should It Ever Be Allowed, 27 J. Marshall L. Rev. 373 (1994), Jean R. Sternlight
UIC Law Review
No abstract provided.
The Warren Court And Criminal Justice: A Quarter-Century Retrospective, Yale Kamisar
The Warren Court And Criminal Justice: A Quarter-Century Retrospective, Yale Kamisar
Articles
Many commentators have observed that when we speak of "the Warren Court," we mean the Warren Court that lasted from 1962 (when Arthur Goldberg replaced Felix Frankfurter) to 1969 (when Earl Warren retired). But when we speak of the Warren Court's "revolution" in American criminal procedure we mean the Warren Court that lasted from 1961 (when the landmark case of Mapp v. Ohio was decided) to 1966 or 1967. In its final years, the Warren Court was not the same Court that had handed down Mapp or Miranda v. Arizona.
Calmer Seas: The Supreme Court's Major Criminal Law Rulings Of The 1993-94 Term, William E. Hellerstein
Calmer Seas: The Supreme Court's Major Criminal Law Rulings Of The 1993-94 Term, William E. Hellerstein
Touro Law Review
No abstract provided.