“Criminal Records” - A Comparative Approach,
2016
University of Georgia School of Law
“Criminal Records” - A Comparative Approach, Sigmund A. Cohn
Georgia Journal of International & Comparative Law
No abstract provided.
A Fourth Amendment Framework For The Free Exercise Clause,
2016
Notre Dame Law School
A Fourth Amendment Framework For The Free Exercise Clause, Adam Lamparello
Journal of Legislation
No abstract provided.
If You Fly A Drone, So Can Police,
2016
University of Oklahoma College of Law
If You Fly A Drone, So Can Police, Stephen E. Henderson
Stephen E Henderson
The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World,
2016
Cloudigy Law PLLC
The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World, Antigone Peyton
Catholic University Journal of Law and Technology
No abstract provided.
Decrypting Our Security: A Bipartisan Argument For A Rational Solution To The Encryption Challenge,
2016
George Mason University Law School
Decrypting Our Security: A Bipartisan Argument For A Rational Solution To The Encryption Challenge, Jamil N. Jaffer, Daniel J. Rosenthal
Catholic University Journal of Law and Technology
No abstract provided.
Time To Rethink Cybersecurity Reform: The Opm Data Breach And The Case For Centralized Cybersecurity Infrastructure,
2016
Catholic University of America, Columbus School of Law
Time To Rethink Cybersecurity Reform: The Opm Data Breach And The Case For Centralized Cybersecurity Infrastructure, Zachary Figueroa
Catholic University Journal of Law and Technology
No abstract provided.
K-12 And The Active Shooter: Principals’ Perceptions Of Armed Personnel In New Jersey District Factor Group Gh Public Schools,
2016
Seton Hall University
K-12 And The Active Shooter: Principals’ Perceptions Of Armed Personnel In New Jersey District Factor Group Gh Public Schools, Brian P. Kelly
Seton Hall University Dissertations and Theses (ETDs)
The purpose of this study was to explore the predicament school principals face when formulating the best methodology to provide a safe environment for their students and faculty, while simultaneously creating an atmosphere that is conducive to education.
This multiple-case study is a replication of a dissertation published in 2014 which explored a unique phenomenon containing multiple variables within an urban public school district. Conversely, this research study examined suburban public school districts within communities that possessed a median household salary ranging between $86,000 and $105,000, where the socioeconomic status of these schools is identified and delineated by New Jersey …
Madison At Fort Meade: Checks, Balances, And The Nsa,
2016
Roger Williams University School of Law
Madison At Fort Meade: Checks, Balances, And The Nsa, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Closing The Gap Between What Is Lawful And What Is Right In Police Use Of Force Jurisprudence By Making Police Departments More Democratic Institutions,
2016
UDC David A. Clarke School of Law
Closing The Gap Between What Is Lawful And What Is Right In Police Use Of Force Jurisprudence By Making Police Departments More Democratic Institutions, Jonathan M. Smith
Michigan Journal of Race and Law
On August 9, 2014, Michael Brown was shot to death in Ferguson, Missouri, by police officer Darren Wilson. Members of the Ferguson community rose up in response. Protests demanding that police violence against African Americans cease and that accountability for police misconduct be addressed erupted across the country, and they have not subsided since. Incidents in Baltimore, Maryland; Chicago, Illinois; WallerCounty, Texas; and elsewhere have kept the movement alive. The mass media, the political elite, and the White middle class woke up to a reality that had been long known to communities of color – force is used disproportionately against …
The Positive Law Model Of The Fourth Amendment,
2016
William & Mary Law School
The Positive Law Model Of The Fourth Amendment, William Baude, James Y. Stern
Faculty Publications
For fifty years, courts have used a “reasonable expectation of privacy” standard to define “searches” under the Fourth Amendment. As others have recognized, that doctrine is subjective, unpredictable, and conceptually confused, but viable alternatives have been slow to emerge. This Article supplies one.
We argue that Fourth Amendment protection should be anchored in background positive law. The touchstone of the search-and-seizure analysis should be whether government officials have done something forbidden to private parties. It is those actions that should be subjected to Fourth Amendment reasonableness review and the presumptive requirement to obtain a warrant. In short, Fourth Amendment protection …
Quasi-Constitutional Protections And Government Surveillance,
2016
Brigham Young University Law School
Quasi-Constitutional Protections And Government Surveillance, Emily Berman
BYU Law Review
The post-Edward Snowden debate over government surveillance has been vigorous. One aspect of that debate has been widespread criticism of the Foreign Intelligence Surveillance Court (FISC), alleging that the FISC served as a rubber stamp for the government, consistently accepting implausible interpretations of existing law that served to expand government surveillance authority; engaging in tortured analyses of statutory language; and ignoring fundamental Fourth Amendment principles. This Article argues that these critiques have entirely overlooked critical aspects of the FISC’s jurisprudence. A close look at that jurisprudence reveals a court that did, in fact, vigorously defend the interests customarily protected by …
Fourth Amendment Remedies As Rights: The Warrant Requirement,
2016
University of Maryland School of Law
Fourth Amendment Remedies As Rights: The Warrant Requirement, David Gray
David C. Gray
The constitutional status of the warrant requirement is hotly debated. Critics argue that neither the text nor history of the Fourth Amendment support a warrant requirement. Also questioned is the warrant requirement’s ability to protect Fourth Amendment interests. Perhaps in response to these concerns, the Court has steadily degraded the warrant requirement through a series of widening exceptions. The result is an unsatisfying jurisprudence that fails on both conceptual and practical grounds.
These debates have gained new salience with the emergence of modern surveillance technologies such as stingrays, GPS tracking, drones, and Big Data. Although a majority of the Court …
13th Annual Diversity Symposium Dinner 04-07-2016,
2016
Roger Williams University
13th Annual Diversity Symposium Dinner 04-07-2016, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Police Misconduct - A Plaintiff's Point Of View, Part Ii,
2016
Touro University Jacob D. Fuchsberg Law Center
Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams
Touro Law Review
No abstract provided.
Procedural Due Process Claims,
2016
Touro University Jacob D. Fuchsberg Law Center
Procedural Due Process Claims, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Supreme Court's 1998-1999 Term: Fourth Amendment Decisions,
2016
Touro University Jacob D. Fuchsberg Law Center
Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya
Touro Law Review
No abstract provided.
Constitutional Law—Fourth Amendment And Seizures— Accidental Seizures By Deadly Force: Who Is Seized During A Police Shootout? Plumhoff V. Rickard, 134 S. Ct. 2012 (2014).,
2016
University of Arkansas at Little Rock William H. Bowen School of Law
Constitutional Law—Fourth Amendment And Seizures— Accidental Seizures By Deadly Force: Who Is Seized During A Police Shootout? Plumhoff V. Rickard, 134 S. Ct. 2012 (2014)., Adam D. Franks
University of Arkansas at Little Rock Law Review
No abstract provided.
Unilateral Invasions Of Privacy,
2016
University of New Hampshire School of Law
Unilateral Invasions Of Privacy, Roger Allan Ford
Law Faculty Scholarship
Most people seem to agree that individuals have too little privacy, and most proposals to address that problem focus on ways to give those users more information about, and more control over, how information about them is used. Yet in nearly all cases, information subjects are not the parties who make decisions about how information is collected, used, and disseminated; instead, outsiders make unilateral decisions to collect, use, and disseminate information about others. These potential privacy invaders, acting without input from information subjects, are the parties to whom proposals to protect privacy must be directed. This Article develops a theory …
The Post-Riley Search Warrant: Search Protocols And Particularity In Cell Phone Searches,
2016
William & Mary Law School
The Post-Riley Search Warrant: Search Protocols And Particularity In Cell Phone Searches, Adam M. Gershowitz
Faculty Publications
Last year, in Riley v. California, the Supreme Court required police to procure a warrant before searching a cell phone. Unfortunately, the Court’s assumption that requiring search warrants would be “simple” and very protective of privacy was overly optimistic. This article reviews lower court decisions in the year since Riley and finds that the search warrant requirement is far less protective than expected. Rather than restricting search warrants to the narrow evidence being sought, some magistrates have issued expansive warrants authorizing a search of the entire contents of the phone with no restrictions whatsoever. Other courts have authorized searches …
The Post-Riley Search Warrant: Search Protocols And Particularity In Cell Phone Searches,
2016
Vanderbilt University Law School
The Post-Riley Search Warrant: Search Protocols And Particularity In Cell Phone Searches, Adam M. Gershowitz
Vanderbilt Law Review
Last year, in Riley v. California, the Supreme Court required police to procure a warrant before searching a cell phone. Unfortunately, the Court's assumption that requiring search warrants would be "simple" and very protective of privacy was overly optimistic. This article reviews lower court decisions in the year since Riley and finds that the search warrant requirement is far less protective than expected. Rather than restricting search warrants to the narrow evidence being sought, some magistrates have issued expansive warrants authorizing a search of the entire contents of the phone with no restrictions whatsoever. Other courts have authorized searches of …
