Law Commons^™

A Fourth Amendment Pathfinder: Stop-And-Frisk And Race, Emily Pratt

Upper Level Writing Requirement Research Papers

No abstract provided.

Revising Reasonableness In The Cloud, Ian Walsh

Washington Law Review

Save everything—just in case––and search for it later. This is a modern mantra fueled by the ubiquity of smartphones, laptops, tablets, and free or low-cost data storage that leads users to store massive amounts of data in the cloud. But when users trust third-party cloud storage providers with private communications, they also surrender Fourth Amendment constitutional certainty. Existing statutory safeguards for these communications are lower than Fourth Amendment warrant and probable cause standards; this permits the government to seize large quantities of users’ private communications stored in the cloud with only minimal justification. Due to the revealing nature of such …

Core Criminal Procedure, Steven Arrigg Koh

Faculty Scholarship

Constitutional criminal procedural rights are familiar to contemporary criminal law scholars and practitioners alike. But today, U.S. criminal justice may diverge substantially from its centuries-old framework when all three branches recognize only a core set of inviolable rights, implicitly or explicitly discarding others. This criminal procedural line drawing takes place when the U.S. criminal justice system engages in law enforcement cooperation with foreign criminal justice systems in order to advance criminal cases.

This Article describes the two forms of this criminal procedural line drawing. The first is a “core criminal procedure” approach, rooted in fundamental rights, that arises in the …

The Rational Basis Test And Why It Is So Irrational: An Eighty-Year Retrospective, James M. Mcgoldrick Jr.

San Diego Law Review

The Rational Basis test is one of the most common and yet perhaps the most insignificant United States Supreme Court test in the history of the constitution, yet year in year out clients and lawyers will submit another brief hoping against hope that this time there might be a meaningful outcome. There will not be.

This article attempts to explain why the rational basis test is so irrational in its outcome, why basic interests are disregarded in the name of judicial respect for the legislative process, and how easy it would be for there to be a better outcome. The …

“You’Re Not Gonna Reach My Telephone”— The Resurgence Of The Fourth Amendment’S Particularity Requirement, Tammie Beassie Banko

SMU Law Review

No abstract provided.

The Prevailing Culture Over Immigration: Centralized Immigration And Policies Between Attrition And Accommodation, Antonios Kouroutakis

Seton Hall Circuit Review

No abstract provided.

Making The Grade: School-Based Telemedicine And Parental Consent, Emily G. Narum

San Diego Law Review

This Comment advocates for a uniform state-by-state regulation, requiring schools to obtain parental consent immediately before any telemedicine service is provided to their children at school. Alternatively, the constitutional issues could be eliminated if telemedicine consent forms enumerate a finite and limited list of what medical services may be provided. These reforms will ensure not only that parents’ and children’s constitutional rights are protected, but also that schools and doctors provide the most informed health care services. Part II describes a background of school-based health, as well as the benefits and risks of offering telemedicine in schools. Part III explains …

A Critique Of The Second Circuit’S Analysis In Nicholas V. Goord, John Dorsett Niles

University of Massachusetts Law Review

The Case Note proceeds as follows. Part I traces the historical and procedural facts underlying Nicholas. Part II describes the legal backdrop against which the United States Court of Appeals for the Second Circuit decided the case. Part III steps through the Second Circuit’s majority opinion, and Part IV critiques the opinion. Part V concludes the Case Note by discussing the ramifications of Nicholas for future DNA-indexing cases.

Qualified Immunity In The Fourth Amendment: A Practical Application Of 1983 As It Applies To Fourth Amendment Excessive Force Cases, Karen Blum

Touro Law Review

No abstract provided.

Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman

Touro Law Review

No abstract provided.

Recent Developments In The Use Of Excessive Force By Law Enforcement, Karen M. Blum, Jack Ryan

Touro Law Review

No abstract provided.

Overseas Lawful Permanent Resident Terrorists: The Novel Approach For Revoking Their Lpr Status, Daniel Pines

San Diego Law Review

This Article seeks to break the silence by examining the issue of overseas LPRs and offering a mechanism by which the U.S. government could take affirmative action to file cases in immigration courts to strip out-of-status LPR terrorists of their LPR status. As the United States legally can, and routinely does, revoke the LPR status of out-of-status LPRs who appear at U.S. borders, the United States could also take away such status for those who have resorted to terror, without having to wait—perhaps in vain—for them to appear on the United States’ doorstep. The purpose of granting an individual LPR …

Keep Your Eyes On Eyes In The Sky, Hillary B. Farber

Faculty Publications

To date, eight states have passed bills regulating domestic drone use by government and private individuals. This leaves us with a question: If a city of more than 60,000 residents and a global company with a customer base in the hundreds of millions are racing to the sky, how are we as a commonwealth of 6.6 million to truly launch ourselves into the debate and protect what little privacy we have left?

Orwellian Surveillance Of Vehicular Travels, Sam Hanna

Sam Hanna

What would someone learn about you if all your automobile travels were ubiquitously tracked beginning today? Creating an indefinite database of a person’s previous automobile travels to formulate deductions on intimate details of people's lives is precisely what law enforcement agencies are currently able to accomplish with automatic license plate recognition (“ALPR”). With the ubiquity of ALPR cameras, continuous government surveillance of automobile travels is no longer a figment of the imagination. Consequently, the judicial and legislative branches of government must embark on balancing the private and public interests implicated by this technology. Failure to set suitable boundaries around the …

The Exclusionary Rule In Immigration Proceedings: Where It Was, Where It Is, Where It May Be Going, Irene Scharf

Irene Scharf

The case alerted me to the continuing issue concerning the treatment of alleged violations of Fourth Amendment rights in immigration court, with this article the result of research conducted relating thereto. Beyond reviewing the relevant views of the federal courts of appeals; the administrative tribunal that handles appeals of immigration court cases, the Board of Immigration Appeals (BIA); and even local immigration courts; I consider whether the jurisprudence has remained static since the Supreme Court's watershed opinion on the issue about twenty-five years ago. I also offer suggestions as to how to effectively, fairly, and efficiently resolve the issues raised …

Warrant Requirement -- The Burger Court Approach, Robert Bloom

Robert Bloom

No abstract provided.

United States V. Leon And Its Ramifications, Robert M. Bloom

Robert Bloom

No abstract provided.

“A More Majestic Conception:” The Importance Of Judicial Integrity In Preserving The Exclusionary Rule, Robert M. Bloom, David H. Fentin

Robert Bloom

In Mapp v. Ohio (1961), the Warren Court held that the so-called exclusionary rule was applicable to the states. Subsequent Supreme Courts have shown their disenchantment with the rule by seeking to curb its applicability. Most recently, the Court has characterized the exclusionary rule as a “massive remedy” to be applied only as a “last resort.” The Courts’ analytical framework for the last thirty-five years for cutting back the exclusionary rule was a balancing test which weighed the costs of suppressing reliable evidence with the benefits of deterring future police violations. This balancing has been used most recently in two …

The Supreme Court And Its Purported Preference For Search Warrants, Robert M. Bloom

Robert Bloom

No abstract provided.

Eyes In The Sky: Constitutional And Regulatory Approaches To Domestic Drone Deployment, Hillary B. Farber

Faculty Publications

This article begins with a current look at the deployment of drones domestically, both in terms of their use and the procedure for attaining approval for flight. Part II examines the capabilities of drones. Part III considers the Supreme Court's current Fourth Amendment jurisprudence and its application to law enforcement's use of drones. Part IV reviews existing and proposed federal and state regulation of drones. Part V offers constitutional and legislative prescriptions for regulating drones.

Constitutional Cacophony: Federal Circuit Splits And The Fourth Amendment, Wayne A. Logan

Vanderbilt Law Review

Despite their many differences, Americans have long been bound by a shared sense of constitutional commonality. Federal constitutional rights, however, can and do often vary based on geographic location, and a chief source of this variation stems from an unexpected origin: the nation's federal circuit courts of appeals. While a rich literature exists on federal circuit splits in general, this Article provides the first empirical study of federal constitutional law circuit splits. Focusing on Fourth Amendment doctrine in particular, the Article highlights the existence of over three dozen current circuit splits, which result in the unequal allocation of liberty and …

Eavesdropping Under New York And Federal Law: How New York Is Departing From Long-Standing Interpretations Mirroring Federal Law - People V. Rabb, Bailey Ince

Touro Law Review

No abstract provided.

Search And Seizure: New York Vs. Federal Approach - People V. Keita, Tillie S. Mirman

Touro Law Review

No abstract provided.

It’S In The Bag: Voluntariness, Scope, And The Authority To Grant Consent - United States V. Harris, Daniel Fier

Touro Law Review

No abstract provided.

United States V. Leon And Its Ramifications, Robert M. Bloom

Robert M. Bloom

No abstract provided.

“A More Majestic Conception:” The Importance Of Judicial Integrity In Preserving The Exclusionary Rule, Robert M. Bloom, David H. Fentin

Robert M. Bloom

In Mapp v. Ohio (1961), the Warren Court held that the so-called exclusionary rule was applicable to the states. Subsequent Supreme Courts have shown their disenchantment with the rule by seeking to curb its applicability. Most recently, the Court has characterized the exclusionary rule as a “massive remedy” to be applied only as a “last resort.” The Courts’ analytical framework for the last thirty-five years for cutting back the exclusionary rule was a balancing test which weighed the costs of suppressing reliable evidence with the benefits of deterring future police violations. This balancing has been used most recently in two …

Warrant Requirement -- The Burger Court Approach, Robert M. Bloom

Robert M. Bloom

No abstract provided.

The Supreme Court And Its Purported Preference For Search Warrants, Robert M. Bloom

Robert M. Bloom

No abstract provided.

Defining Instrumentalities Of Deadly Force, Tim Longo

Touro Law Review

No abstract provided.

City Court Of New York, City Of Watertown: People V. Saldana, Ara K. Ayvazian

Touro Law Review

No abstract provided.