Open Access. Powered by Scholars. Published by Universities.®

Supreme Court of the United States Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 3 of 3

Full-Text Articles in Supreme Court of the United States

Symposium: Surprising Unanimity, Even More Surprising Clarity, Adam M. Gershowitz Sep 2019

Symposium: Surprising Unanimity, Even More Surprising Clarity, Adam M. Gershowitz

Adam M. Gershowitz

No abstract provided.


The Mosaic Theory Of The Fourth Amendment, Orin S. Kerr Jul 2019

The Mosaic Theory Of The Fourth Amendment, Orin S. Kerr

Orin Kerr

In the Supreme Court's recent decision on GPS surveillance, United States v. Jones, five justices authored or joined concurring opinions that applied a new approach to interpreting Fourth Amendment protection. Before Jones, Fourth Amendment decisions had always evaluated each step of an investigation individually. Jones introduced what we might call a "mosaic theory" of the Fourth Amendment, by which courts evaluate a collective sequence of government activity as an aggregated whole to consider whether the sequence amounts to a search. This Article considers the implications of a mosaic theory of the Fourth Amendment. It explores the choices and puzzles that …


The Constitution And Informational Privacy, Or How So-Called Conservatives Countenance Governmental Intrustion Into A Person's Private Affairs, 18 J. Marshall L. Rev. 871 (1985), Michael P. Seng Aug 2015

The Constitution And Informational Privacy, Or How So-Called Conservatives Countenance Governmental Intrustion Into A Person's Private Affairs, 18 J. Marshall L. Rev. 871 (1985), Michael P. Seng

Michael P. Seng

No abstract provided.