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1,486 full-text articles. Page 4 of 42.

Index: Sports Law In Law Reviews And Journals, Jordan Lysiak 2018 Marquette University Law School

Index: Sports Law In Law Reviews And Journals, Jordan Lysiak

Marquette Sports Law Review

None


The Posse Comitatus Act And The Fourth Amendment's Exclusionary Rule, Patrick Walsh, Paul Sullivan 2018 University of Virginia

The Posse Comitatus Act And The Fourth Amendment's Exclusionary Rule, Patrick Walsh, Paul Sullivan

American University National Security Law Brief

No abstract provided.


United States V. Carloss: Should The Police Act Like Good Neighbors?, Cole McLanahan 2018 University of Oklahoma College of Law

United States V. Carloss: Should The Police Act Like Good Neighbors?, Cole Mclanahan

Oklahoma Law Review

No abstract provided.


International Comity And The Non-State Actor, Microsoft: Why Law Enforcement Access To Data Stored Abroad Act (Leads Act) Promotes International Comity, Sabah Siddiqui 2018 Catholic University of America (Student)

International Comity And The Non-State Actor, Microsoft: Why Law Enforcement Access To Data Stored Abroad Act (Leads Act) Promotes International Comity, Sabah Siddiqui

Catholic University Journal of Law and Technology

Currently large email service providers, such as Google, Microsoft and Yahoo are refusing to comply with warrants issued under the Secured Communications Act (“SCA”) because in many instances, the requested information may be stored in servers located abroad. In the dismissed Supreme Court case, In re Warrant to Search a Certain E-Mail Account Controlled & Maintained by Microsoft Corporation, the Supreme Court should have addressed whether an internet service provider must comply with a warrant issued under the SCA when the requested information is stored in a foreign country and whether enforcement of these warrants would be an impermissible extraterritorial application ...


Privacy Vs. Protection: Why Tracking Mobile-Device Location Data Without A Warrant Requires A Fourth Amendment Exception, Andrew Stover 2018 Michigan State University College of Law

Privacy Vs. Protection: Why Tracking Mobile-Device Location Data Without A Warrant Requires A Fourth Amendment Exception, Andrew Stover

Catholic University Journal of Law and Technology

No abstract provided.


Ordinariness As Equality, Elise C. Boddie 2018 Rutgers Law School

Ordinariness As Equality, Elise C. Boddie

Indiana Law Journal

This Essay argues for an equality norm of racial ordinariness. Ordinariness here refers to the state of being treated as a full, complex person and a rightful recipient of human concern. As a norm, its purpose is to focus constitutional attention on common, everyday interactions as sources of racial indignity. It also seeks to sensitize courts and other constitutional actors to the infinite varieties and grittier dimensions of discrimination through the “understandings of everyday folk.”

Part I explains why ordinariness matters and the importance of everyday interactions to achieving ordinariness. It discusses these points through the lens of a true ...


Promptly Proving The Need To Detain For Post-Entry Social Control Deportation, Mary Holper 2018 Boston College Law School

Promptly Proving The Need To Detain For Post-Entry Social Control Deportation, Mary Holper

Boston College Law School Faculty Papers

When a person suspected of a crime is arrested without a warrant, the Fourth Amendment guarantees that freedom may not be taken away except upon a neutral magistrate judge’s prompt confirmation that probable cause exists that this person in fact committed the crime. In contrast, in the deportation process, a person is often detained for weeks before a judge determines that the noncitizen is actually deportable, thus justifying detention. Even the separate procedures available to review custody do not suffice because the mandatory detention statute renders many detainees ineligible for review by a judge. If they are entitled to ...


A Genealogy Of Programmatic Stop And Frisk: A Discourse-To-Practice-Circuit, Frank Rudy Cooper 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

A Genealogy Of Programmatic Stop And Frisk: A Discourse-To-Practice-Circuit, Frank Rudy Cooper

Scholarly Works

President Trump has called for increased use of the recently predominant policing methodology known as programmatic stop and frisk. This Article contributes to the field by identifying, defining, and discussing five key components of the practice: (1) administratively dictated (2) pervasive Terry v. Ohio stops and frisks (3) aimed at crime prevention by means of (4) data-enhanced profiles of suspects that (5) target young racial minority men. Whereas some scholars see programmatic stop and frisk as solely the product of individual police officer bias, this Article argues for understanding how we arrived at specific police practices by analyzing three levels ...


Terry, Handguns, And The Hand Formula: Some Preliminary Thoughts, Shawn E. Fields 2018 Campbell University School of Law

Terry, Handguns, And The Hand Formula: Some Preliminary Thoughts, Shawn E. Fields

Scholarly Works

No abstract provided.


A Cognitive Theory Of The Third-Party Doctrine And Digital Papers, H. Brian Holland 2018 Texas A&M University School of Law

A Cognitive Theory Of The Third-Party Doctrine And Digital Papers, H. Brian Holland

Faculty Scholarship

For nearly 200 years, an individual’s personal papers enjoyed near-absolute protection from government search and seizure. That is no longer the case. With the widespread adoption of cloud-based information processing and storage services, the third-party doctrine operates to effectively strip our digital papers of meaningful Fourth Amendment protections.

This Article presents a new approach to reconciling current third-party doctrine with the technological realities of modern personal information processing. Our most sensitive data is now processed and stored on cloud computing systems owned and operated by third parties. Although we may consider these services to be private and generally secure ...


Get Off My Porch: United States V. Carloss And The Escalating Dangers Of “Knock And Talks”, Skyler K. Sikes 2018 University of Oklahoma College of Law

Get Off My Porch: United States V. Carloss And The Escalating Dangers Of “Knock And Talks”, Skyler K. Sikes

Oklahoma Law Review

No abstract provided.


Exigent Circumstances And Searches Incident To Arrest In New York: The Difficulties And Distinctions, Kyle Knox 2018 Touro College Jacob D. Fuchsberg Law Center

Exigent Circumstances And Searches Incident To Arrest In New York: The Difficulties And Distinctions, Kyle Knox

Touro Law Review

No abstract provided.


Fourth Amendment Anxiety, Stephen E. Henderson, Kiel Brennan-Marquez 2017 New York University

Fourth Amendment Anxiety, Stephen E. Henderson, Kiel Brennan-Marquez

Stephen E Henderson

In Birchfield v. North Dakota (2016), the Supreme Court broke new Fourth Amendment ground by establishing that law enforcement’s collection of information can be cause for “anxiety,” meriting constitutional protection, even if subsequent uses of the information are tightly restricted.  This change is significant.  While the Court has long recognized the reality that police cannot always be trusted to follow constitutional rules, Birchfield changes how that concern is implemented in Fourth Amendment law, and importantly, in a manner that acknowledges the new realities of data-driven policing.
 
Beyond offering a careful reading of Birchfield, this Article has two goals.  First ...


Carpenter V. United States And The Fourth Amendment: The Best Way Forward, Stephen E. Henderson 2017 University of Oklahoma College of Law

Carpenter V. United States And The Fourth Amendment: The Best Way Forward, Stephen E. Henderson

Stephen E Henderson

We finally have a federal ‘test case.’  In Carpenter v. United States, the Supreme Court is poised to set the direction of the Fourth Amendment in the digital age.  The case squarely presents how the twentieth-century third party doctrine will fare in contemporary times, and the stakes could not be higher.  This Article reviews the Carpenter case and how it fits within the greater discussion of the Fourth Amendment third party doctrine and location surveillance, and I express a hope that the Court will be both a bit ambitious and a good measure cautious. 
 
As for ambition, the Court must ...


Terry, Handguns, And The Hand Formula: Some Preliminary Thoughts, Shawn E. Fields 2017 Campbell University School of Law

Terry, Handguns, And The Hand Formula: Some Preliminary Thoughts, Shawn E. Fields

Shawn E. Fields

No abstract provided.


Carpenter V. United States And The Fourth Amendment: The Best Way Forward, Stephen E. Henderson 2017 College of William & Mary Law School

Carpenter V. United States And The Fourth Amendment: The Best Way Forward, Stephen E. Henderson

William & Mary Bill of Rights Journal

We finally have a federal ‘test case.’ In Carpenter v. United States, the Supreme Court is poised to set the direction of the Fourth Amendment in the digital age. The case squarely presents how the twentieth-century third party doctrine will fare in contemporary times, and the stakes could not be higher. This Article reviews the Carpenter case and how it fits within the greater discussion of the Fourth Amendment third party doctrine and location surveillance, and I express a hope that the Court will be both a bit ambitious and a good measure cautious.

As for ambition, the Court must ...


Feeding The Machine: Policing, Crime Data, & Algorithms, Elizabeth E. Joh 2017 College of William & Mary Law School

Feeding The Machine: Policing, Crime Data, & Algorithms, Elizabeth E. Joh

William & Mary Bill of Rights Journal

No abstract provided.


The Unreasonable Rise Of Reasonable Suspicion: Terrorist Watchlists And Terry V. Ohio, Jeffrey Kahn 2017 College of William & Mary Law School

The Unreasonable Rise Of Reasonable Suspicion: Terrorist Watchlists And Terry V. Ohio, Jeffrey Kahn

William & Mary Bill of Rights Journal

Terry v. Ohio’s “reasonable suspicion” test was created in the context of domestic law enforcement, but it did not remain there. This Essay examines the effect of transplanting this test into a new context: the world of terrorist watchlists. In this new context, reasonable suspicion is the standard used to authorize the infringement on liberty that often results from being watchlisted. But nothing else from the case that created that standard remains the same. The government official changes from a local police officer to an anonymous member of the intelligence community. The purpose changes from crime prevention to counterterrorism ...


Private Actors, Corporate Data And National Security: What Assistance Do Tech Companies Owe Law Enforcement?, Caren Morrison 2017 College of William & Mary Law School

Private Actors, Corporate Data And National Security: What Assistance Do Tech Companies Owe Law Enforcement?, Caren Morrison

William & Mary Bill of Rights Journal

When the government investigates a crime, do citizens have a duty to assist? This question was raised in the struggle between Apple and the FBI over whether the agency could compel Apple to defeat its own password protections on the iPhone of one of the San Bernardino shooters. That case was voluntarily dismissed as moot when the government found a way of accessing the data on the phone, but the issue remains unresolved.

Because of advances in technology, software providers and device makers have been able to develop almost impenetrable protection for their customers’ information, effectively locking law enforcement out ...


Notice And Standing In The Fourth Amendment: Searches Of Personal Data, Jennifer Daskal 2017 College of William & Mary Law School

Notice And Standing In The Fourth Amendment: Searches Of Personal Data, Jennifer Daskal

William & Mary Bill of Rights Journal

In at least two recent cases, courts have rejected service providers’ capacity to raise Fourth Amendment claims on behalf of their customers. These holdings rely on longstanding Supreme Court doctrine establishing a general rule against third parties asserting the Fourth Amendment rights of others. However, there is a key difference between these two recent cases and those cases on which the doctrine rests. The relevant Supreme Court doctrine stems from situations in which someone could take action to raise the Fourth Amendment claim, even if the particular third-party litigant could not. In the situations presented by the recent cases, by ...


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