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Articles 1 - 9 of 9
Full-Text Articles in Privacy Law
Warrantless Searches And Smartphones: Privacy In The Palm Of Your Hand?, Margaret M. Lawton
Warrantless Searches And Smartphones: Privacy In The Palm Of Your Hand?, Margaret M. Lawton
University of the District of Columbia Law Review
Incident to a drug arrest, a police officer removes a smartphone from the pocket of the defendant. The smartphone may have incriminating evidence-phone numbers, pictures, text messages, and e-mails. But can the officer examine the smartphone on the scene or back at the station? Or does the officer need to show probable cause and obtain a warrant before examining the phone? If the phone were instead the arrestee's wallet or a cigarette package, under the search incident to lawful arrest exception to the Fourth Amendment's warrant requirement the officer could open and search inside either of these "containers." Anything found …
Looking Through The Prism Of Privacy And Trespass: Smartphones And The Fourth Amendment, Saby Ghoshray
Looking Through The Prism Of Privacy And Trespass: Smartphones And The Fourth Amendment, Saby Ghoshray
University of the District of Columbia Law Review
Technology in the twenty-first century has dramatically changed our lives, but the law has not kept pace with technological advances. The treatment of smartphones in Fourth Amendment jurisprudence is no exception. This is made evident by the increasingly scattered outcomes of litigation involving the privacy interests of smartphone owners.' As the cross-jurisdictional inconsistencies of judicial decisions applying the Fourth Amendment to smartphones mount, I am drawn to seek answers from two foundational pillars of the Supreme Court's search and seizure jurisprudence: protection against invasions of privacy and the bulwark against trespass.
The Anatomy Of A Search: Intrusiveness And The Fourth Amendment, Renee Mcdonald Hutchins
The Anatomy Of A Search: Intrusiveness And The Fourth Amendment, Renee Mcdonald Hutchins
Journal Articles
For more than two months beginning in late December of 2005, police officers in New York State continuously monitored the location and movements of Scott Weaver's van using a surreptitiously attached global positioning system ("GPS") device, known as a "Qball."' The reason Weaver was targeted for police surveillance has never been disclosed. 2 In addition, law enforcement made no attempt to justify the heightened scrutiny of Weaver by seeking the pre-authorization of a warrant from a neutral magistrate.3 Rather, for sixty-five days, the police subjected Weaver to intense surveillance without oversight, interruption, or explanation. 4 More than a year after …
Stories Told And Untold: Confidentiality Laws And The Master Narrative Of Child Welfare, Matthew I. Fraidin
Stories Told And Untold: Confidentiality Laws And The Master Narrative Of Child Welfare, Matthew I. Fraidin
Journal Articles
In most states, child welfare hearings and records are sealed or confidential. This means that by law, court hearings and records may not be observed. The same laws and court rules also preclude those who are authorized to enter and watch from discussing anything learned or observed in a closed courtroom or from a sealed court record with anyone not involved in the case. It is the restriction on speech—on telling stories about child welfare—with which this Article is concerned. I will argue in this Article that the insights of narrative theory and agenda-setting studies help us understand the damaging …
Tied Up In Knotts? Gps And The Fourth Amendment, Renee Mcdonald Hutchins
Tied Up In Knotts? Gps And The Fourth Amendment, Renee Mcdonald Hutchins
Journal Articles
Judicial and scholarly assessment of emerging technology seems poised to drive the Fourth Amendment down one of three paths. The first would simply relegate the amendment to a footnote in history books by limiting its reach to harms that the framers specifically envisioned. A modified version of this first approach would dispense with expansive constitutional notions of privacy and replace them with legislative fixes. A third path offers the amendment continued vitality but requires the U.S. Supreme Court to overhaul its Fourth Amendment analysis. Fortunately, a fourth alternative is available to cabin emerging technologies within the existing doctrinal framework. Analysis …
Telling Stories And Keeping Secrets, Abbe Smith
Telling Stories And Keeping Secrets, Abbe Smith
University of the District of Columbia Law Review
No abstract provided.
The Single Publication Rule: One Action Not One Law, Debra R. Cohen
The Single Publication Rule: One Action Not One Law, Debra R. Cohen
Journal Articles
Recovery in one action under one state's law for violation of the right of publicity-the right to control the commercial use of one's identity-arising out of multistate publication2 seems to be the trend of the nineties. When Samsung ran a nationwide print advertisement for VCRs depicting a robot dressed to resemble her, Vanna White sued for violation of her right of publicity.3 Under California law she recovered $403,000. 4 When a SalsaRio Doritos radio commercial imitating Tom Waits's distinctive raspy and gravelly voice aired nationwide, he sued Frito Lay for violation of his right of publicity.5 Under California law he …
Legislative Amendments To The District Of Columbia's Vital Records Act: Medical Cause Of Death Privacy, Suzanne Brette Greene
Legislative Amendments To The District Of Columbia's Vital Records Act: Medical Cause Of Death Privacy, Suzanne Brette Greene
University of the District of Columbia Law Review
No abstract provided.
The Adoptee's Right To Know: In Re Adoption Of A Female Infant, Zvi Greismann
The Adoptee's Right To Know: In Re Adoption Of A Female Infant, Zvi Greismann
Antioch Law Journal
Among the most difficult questions arising out of an adoption is whether a record should be reopened at the request of an adult adoptee seeking information about his or her biological parents. In most jurisdictions an adoptee seeking this information must obtain a court order.'Adoption proceedings are statutory and, therefore, proceedings to unseal records are governed by state adoption laws. However,existing statutory standards are vague. Ultimately the decision to grant or deny access is a discretionary one lying with the courts.Further, in exercising their discretion, courts are faced with the difficult problem of resolving potentially conflicting interests of the adoptee, …