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Articles 1 - 10 of 10
Full-Text Articles in Law
Square Pegs, Round Hole: The Fourth Amendment And Preflight Searches Of Airline Passengers In A Post-9/11 World, Steven R. Minert
Square Pegs, Round Hole: The Fourth Amendment And Preflight Searches Of Airline Passengers In A Post-9/11 World, Steven R. Minert
BYU Law Review
No abstract provided.
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 …
Providing Material Support To Violate The Constitution: The Usa Patriot Act And Its Assault On The 4th Amendment, Christopher Metzler
Providing Material Support To Violate The Constitution: The Usa Patriot Act And Its Assault On The 4th Amendment, Christopher Metzler
North Carolina Central Law Review
No abstract provided.
The Constitutional Infirmity Of Warrantless Nsa Surveillance: The Abuse Of Presidential Power And The Injury To The Fourth Amendment, Robert Bloom, William J. Dunn
The Constitutional Infirmity Of Warrantless Nsa Surveillance: The Abuse Of Presidential Power And The Injury To The Fourth Amendment, Robert Bloom, William J. Dunn
William & Mary Bill of Rights Journal
In the past year, there have been many revelations about the tactics used by the Bush administration to prosecute its war on terrorism. These stories involve the exploitation of technologies that allow the government, with the cooperation of phone companies and financial institutions, to access phone and financial records. This Article focuses on the revelation and widespread criticism of the Bush administration's operation of a warrantless electronic surveillance program to monitor international phone calls and e-mails that originate or terminate with a United States party. The powerful and secret National Security Agency heads the program and leverages its significant intelligence …
Padgett V. Donald: Why Not So Special, Victoriya Kulik
Padgett V. Donald: Why Not So Special, Victoriya Kulik
Mercer Law Review
In Padgett v. Donald, the Eleventh Circuit Court of Appeals unanimously held that a state statute, permitting compelled collection of saliva samples from incarcerated felons for DNA profiling, does not violate the federal Constitution's Fourth Amendment, the search and seizure provisions of the state constitution, or the felons' rights to privacy under the federal or state constitutions. The circuits are split whether to apply the special needs analysis or the balancing test to DNA profiling statutes. In this case of first impression for the circuit, the Eleventh Circuit applied the balancing test. This decision is important because it opens …
Declining To State A Name In Consideration Of The Fifth Amendment's Self-Incrimination Clause And Law Enforcement Databases After Hiibel, Joseph R. Ashby
Declining To State A Name In Consideration Of The Fifth Amendment's Self-Incrimination Clause And Law Enforcement Databases After Hiibel, Joseph R. Ashby
Michigan Law Review
In response to a report of an argument on a public sidewalk, a police officer approaches two people standing in the vicinity of the reported dispute. The officer requests that each person provide her name so the officer can run the names through databases to which the police department subscribes. After searching each name through various databases, the officer might discover that one of the individuals made several purchases of cold medicine containing pseudoephedrine and that the other just received a license from the State to procure certain hazardous chemicals. These two people might be in the early stages of …
Double-Trouble: The Underregulation Of Surreptitious Video Surveillance In Conjunction With The Use Of Snitches In Domestic Government Investigations, Mona R. Shokrai
Double-Trouble: The Underregulation Of Surreptitious Video Surveillance In Conjunction With The Use Of Snitches In Domestic Government Investigations, Mona R. Shokrai
Richmond Journal of Law & Technology
Technological advancements in digital imagery and visual recordings have all but vitiated any expectation of privacy in public places. Yet this Orwellian state of constant governmental surveillance has extended beyond the scope of public observation. Closely-held expectations of privacy in the most intimate locations have also become subject to government observation. The means by which the government is able to garner such detailed information concerning the minutiae of our private lives is in need of assessment.
Hitching A Ride: Every Time You Take A Drive, The Government Is Riding With You, 39 J. Marshall L. Rev. 1499 (2006), Benjamin Burnham
Hitching A Ride: Every Time You Take A Drive, The Government Is Riding With You, 39 J. Marshall L. Rev. 1499 (2006), Benjamin Burnham
UIC Law Review
No abstract provided.
Section 1983 Cases In The October 2004 Term, Martin A. Schwartz
Section 1983 Cases In The October 2004 Term, Martin A. Schwartz
Touro Law Review
No abstract provided.
Seeking Privacy: Examining A Role For The Fiduciary In Protecting Personal Information, Marcey L. Grigsby
Seeking Privacy: Examining A Role For The Fiduciary In Protecting Personal Information, Marcey L. Grigsby
NYLS Law Review
No abstract provided.