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649 full-text articles. Page 1 of 15.

In The Wake Of Florida V. J.L. - When Anonymous Tips Give Police Reasonable Suspicion, Robyn Silvermintz 2015 Touro College Jacob D. Fuchsberg Law Center

In The Wake Of Florida V. J.L. - When Anonymous Tips Give Police Reasonable Suspicion, Robyn Silvermintz

Touro Law Review

No abstract provided.


Judge Levine: A Survey Of His Most Influential Court Of Appeals Decisions - 1993-2002, Jean D'Alessandro 2015 Touro College Jacob D. Fuchsberg Law Center

Judge Levine: A Survey Of His Most Influential Court Of Appeals Decisions - 1993-2002, Jean D'Alessandro

Touro Law Review

No abstract provided.


Supreme Court, Bronx County, People V. Nieto, Jean D'Alessandro 2015 Touro College Jacob D. Fuchsberg Law Center

Supreme Court, Bronx County, People V. Nieto, Jean D'Alessandro

Touro Law Review

No abstract provided.


Appellate Division, Fourth Department, People V. Taylor, Aileen R. Kavanagh 2015 Touro College Jacob D. Fuchsberg Law Center

Appellate Division, Fourth Department, People V. Taylor, Aileen R. Kavanagh

Touro Law Review

No abstract provided.


Appellate Division, Fourth Department, People V. Park, Marcia Miller 2015 Touro College Jacob D. Fuchsberg Law Center

Appellate Division, Fourth Department, People V. Park, Marcia Miller

Touro Law Review

No abstract provided.


Appellate Division, Third Department, Landsman V. Village Of Hancock, Joaquin Orellana 2015 Touro College Jacob D. Fuchsberg Law Center

Appellate Division, Third Department, Landsman V. Village Of Hancock, Joaquin Orellana

Touro Law Review

No abstract provided.


Appellate Division, First Department, Morris V. Port Authority Of New York And New Jersey, Brooke Lupinacci 2015 Touro College Jacob D. Fuchsberg Law Center

Appellate Division, First Department, Morris V. Port Authority Of New York And New Jersey, Brooke Lupinacci

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Wright, Melanie Hendry 2015 Touro College Jacob D. Fuchsberg Law Center

Court Of Appeals Of New York, People V. Wright, Melanie Hendry

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. William Ii, Brooke Lupinacci 2015 Touro College Jacob D. Fuchsberg Law Center

Court Of Appeals Of New York, People V. William Ii, Brooke Lupinacci

Touro Law Review

No abstract provided.


Emerging Technology And The Fourth Amendment, Kathleen Mitchell Reitmayer 2015 American Public University System

Emerging Technology And The Fourth Amendment, Kathleen Mitchell Reitmayer

Saber and Scroll

While the technology available for use by law enforcement advances, it is important to look at the legal and ethical aspects of the use of these new technologies. By reviewing key Supreme Court cases of the past that regarded, what was then, new, and emerging technology, and analyzing the USA Patriot Act of 2001, the legal and ethical realities of new and emerging technology will become apparent. It will then come into question whether the use of these technologies can constitute a violation of the rights of American citizens and if criminal investigations should allow the use of the technology.


The Privacies Of Life: Automatic License Plate Recognition Is Unconstitutional Under The Mosaic Theory Of Fourth Amendment Privacy Law, Jessica Gutierrez-Alm 2015 Winthrop & Weinstine, Associate Attorney

The Privacies Of Life: Automatic License Plate Recognition Is Unconstitutional Under The Mosaic Theory Of Fourth Amendment Privacy Law, Jessica Gutierrez-Alm

Hamline Law Review

Abstract


The 4th Amendment To The U.S. Constitution, Article 3 Of The Ala Code Of Ethics, And Section 215 Of The Usa Patriot Act: Squaring The Triangle, Sue Ann Gardner 2015 University of Nebraska - Lincoln

The 4th Amendment To The U.S. Constitution, Article 3 Of The Ala Code Of Ethics, And Section 215 Of The Usa Patriot Act: Squaring The Triangle, Sue Ann Gardner

Library Conference Presentations and Speeches

Librarians in the United States have many professional guideposts to inform their work. A patron's right to privacy is one tenet that tends to be upheld tenaciously, and is informed first by the 4th Amendment to the U.S. Constitution, among other Amendments, as well as Article III of the American Library Association Code of Ethics. Section 215 of the USA PATRIOT Act, the so-called "library provision," contradicts both the 4th Amendment and Article III of the ALA Code of Ethics, making it a weak third leg of a triangle of guideposts. The speaker explains how Section 215 allows ...


Criminal Innovation And The Warrant Requirement: Reconsidering The Rights-Police Efficiency Trade-Off, Tonja Jacobi, Jonah Kind 2015 College of William & Mary Law School

Criminal Innovation And The Warrant Requirement: Reconsidering The Rights-Police Efficiency Trade-Off, Tonja Jacobi, Jonah Kind

William & Mary Law Review

It is routinely assumed that there is a trade-off between police efficiency and the warrant requirement. But existing analysis ignores the interaction between law-enforcement investigative practices and criminal innovation. Narrowing the definition of a search or otherwise limiting the requirement for a warrant gives criminals greater incentive to innovate to avoid detection. With limited resources to develop countermeasures, law enforcement officers will often be just as effective at capturing criminals when facing higher Fourth Amendment hurdles. We provide a game-theoretic model that shows that when law-enforcement investigation and criminal innovation are considered in a dynamic context, the police efficiency rationale ...


Abolish Anonymous Reporting To Child Abuse Hotlines, Dale Margolin Cecka 2015 The Catholic University of America, Columbus School of Law

Abolish Anonymous Reporting To Child Abuse Hotlines, Dale Margolin Cecka

Catholic University Law Review

All states allow the public to anonymously report suspicions of child abuse or neglect to a toll free central phone number. An extensive examination of the policy and practices behind anonymous reporting hotlines indicates that they are widely unregulated and susceptible to abuse. The possible repercussions of an anonymous phone call create costs to the family and society which do not outweigh the potential benefit of allowing anonymous public reports. Under the guise of protecting children, the law has developed in such a way that it infringes on the fundamental rights of parents and children. At the same time, anonymous ...


Section 702 And The Collection Of International Telephone And Internet Content, Laura K. Donohue 2015 Georgetown University Law Center

Section 702 And The Collection Of International Telephone And Internet Content, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

Section 702 of the Foreign Intelligence Surveillance Act (FISA) authorizes the NSA to collect the electronic communications of non-U.S. targets located overseas. Recent media reports and declassified documents reveal a more extensive program than publicly understood. The article begins by considering the origins of the current programs and the relevant authorities, particularly the transfer of part of the post-9/11 President’s Surveillance Program to FISA. It outlines the contours of the 2007 Protect America Act, before its replacement in 2008 by the FISA Amendments Act (FAA). The section ends with a brief discussion of the current state of ...


Constitutional Culpability: Questioning The New Exclusionary Rules, Andrew Guthrie Ferguson 2015 University of Florida Levin College of Law

Constitutional Culpability: Questioning The New Exclusionary Rules, Andrew Guthrie Ferguson

Florida Law Review

This Article addresses the questions left unanswered by the Supreme Court’s recent exclusionary rule cases. The Hudson-Herring-Davis>/i> trilogy presents a new and largely unexamined doctrinal landscape for Fourth Amendment suppression hearings. Courts, litigators, and scholars are only now assessing what has changed on the ground in trial practice. Once an automatic remedy for any constitutional violation, the exclusionary rule now necessitates a separate and more searching analysis. Rights and remedies have been decoupled, such that a clear Fourth Amendment constitutional violation may not lead to the exclusion of evidence. Instead, it now leads to an examination of the ...


Hassle, Jane Bambauer 2015 University of Arizona James E Rogers College of Law

Hassle, Jane Bambauer

Michigan Law Review

Before police perform a search or seizure, they typically must meet the probable cause or reasonable suspicion standard. Moreover, even if they meet the appropriate standard, their evidence must be individualized to the suspect and cannot rely on purely probabilistic inferences. Scholars and courts have long defended the distinction between individualized and purely probabilistic evidence, but existing theories of individualization fail to articulate principles that are descriptively accurate or normatively desirable. They overlook the only benefit that the individualization requirement can offer: reducing hassle. Hassle measures the chance that an innocent person will experience a search or seizure. Because some ...


Social Media And The Workplace: How I Learned To Stop Worrying And Love Privacy Settings And The Nlrb, Kathleen Carlson 2015 University of Florida Levin College of Law

Social Media And The Workplace: How I Learned To Stop Worrying And Love Privacy Settings And The Nlrb, Kathleen Carlson

Florida Law Review

Social media has permeated every aspect of society. The use of social media can easily lead to issues in an employment law context when employees suffer adverse employment actions based on the information they choose to share via their personal social media websites. Today’s laws concerning online privacy are in a nebulous state and have led some observers to suggest that employees who use social media may not find adequate legal protection from wrongful termination. This Note refutes this contention by analyzing current laws that may protect employees from adverse employment actions due to their use of social media ...


Lawlessness Breeds Lawlessness: A Case For Applying The Fourth Amendment To Extraterritorial Searches, Amy E. Pope 2015 University of Florida Levin College of Law

Lawlessness Breeds Lawlessness: A Case For Applying The Fourth Amendment To Extraterritorial Searches, Amy E. Pope

Florida Law Review

This official statement of the U.S. government’s strategy toward transnational organized crime recognizes a developing phenomenon: the maturation of criminal networks that increasingly know no boundaries. From narcotics trafficking to money laundering to human smuggling and cybercrime, increasingly sophisticated criminal organizations transcend national frontiers effortlessly, destabilize business and state infrastructures, and leave countless victims in their wake. If nation–states are to keep pace with criminal networks, they must transcend their own frontiers. The more individual nations—particularly smaller countries in the immediate path of these criminal networks—are boxed in by fixed notions of sovereignty, the more ...


Reasonable Expectations Of Privacy Settings: Social Media And The Stored Communications Act, Christopher J. Borchert, Fernando M. Pinguelo, David Thaw 2015 Duke Law

Reasonable Expectations Of Privacy Settings: Social Media And The Stored Communications Act, Christopher J. Borchert, Fernando M. Pinguelo, David Thaw

Duke Law & Technology Review

In 1986, Congress passed the Stored Communications Act (“SCA”) to provide additional protections for individuals’ private communications content held in electronic storage by third parties. Acting out of direct concern for the implications of the Third-Party Records Doctrine—a judicially created doctrine that generally eliminates Fourth Amendment protections for information entrusted to third parties—Congress sought to tailor the SCA to electronic communications sent via and stored by third parties. Yet, because Congress crafted the SCA with language specific to the technology of 1986, courts today have struggled to apply the SCA consistently with regard to similar private content sent ...


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