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Full-Text Articles in Law
The Jurisdictional Heritage Of The Grand Jury Clause, Roger A. Fairfax Jr.
The Jurisdictional Heritage Of The Grand Jury Clause, Roger A. Fairfax Jr.
GW Law Faculty Publications & Other Works
For the first 150 years of our constitutional history, a valid grand jury indictment was deemed to be a mandatory prerequisite to a federal court's exercise of criminal subject matter jurisdiction. Under that view of the Grand Jury Clause, a defendant in a federal felony case could neither waive nor forfeit the right to grand jury indictment. A critical examination of the historical evidence reveals that the legal realist criminal procedure reform project of the early twentieth century advanced a pragmatic critique of the usefulness of the grand jury that culminated in a provision of the Federal Rules of Criminal …
The Fourth Amendment: Internal Revenue Code Or A Body Of Principles?, Stephen A. Saltzburg
The Fourth Amendment: Internal Revenue Code Or A Body Of Principles?, Stephen A. Saltzburg
GW Law Faculty Publications & Other Works
The Supreme Court has made the body of Fourth Amendment law too complicated, inconsistent, and confusing. Prior to Mapp v. Ohio, in 1961, the Court focused its attention on federal law enforcement and devoted less of its docket to criminal procedure cases. After Mapp, the Court was called upon to review state cases and forced to deal with the myriad of state law enforcement issues that inevitably arise. Since Mapp, the Court has made the meaning of the relatively few words that constitute the Fourth Amendment extremely complicated, so that the total body of Fourth Amendment law has begun to …
Protecting Privacy Against The Police In The European Union: The Data Retention Directive, Francesca Bignami
Protecting Privacy Against The Police In The European Union: The Data Retention Directive, Francesca Bignami
GW Law Faculty Publications & Other Works
This essay examines the European Union's new turn towards protecting personal data against the police. The first part explores the developments that have given rise to these policies: the dramatic possibilities of today's digital technologies for the police and the intensification of police cooperation in the European Union following the terrorist attacks in New York, Madrid, and London. The second part analyzes the piece of legislation with the most significant data protection ramifications to be enacted at the time of this writing: the Data Retention Directive. The essay concludes with some thoughts on how the largely positive rights experience of …