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Privacy Revisited: Gps Tracking As Search And Seizure, Bennett L. Gershman 2010 Elisabeth Haub School of Law at Pace University

Privacy Revisited: Gps Tracking As Search And Seizure, Bennett L. Gershman

Pace Law Faculty Publications

Part I of this Article discusses the facts in People v. Weaver, the majority and dissenting opinions in the Appellate Division, Third Department, and the majority and dissenting opinions in the Court of Appeals. Part II addresses the question that has yet to be decided by the U.S. Supreme Court – whether GPS tracking of a vehicle by law enforcement constitutes a search under the Fourth Amendment. Part III addresses the separate question that the Court of Appeals did not address - whether the surreptitious attachment of a GPS device to a vehicle constitutes a seizure under the Fourth Amendment. The ...


National Security Courts: A European Perspective, Mindia Vashakmadze 2010 Georgian Academy of Sciences

National Security Courts: A European Perspective, Mindia Vashakmadze

Pace International Law Review Online Companion

No abstract provided.


Special Investigation Techniques, Data Processing And Privacy Protection In The Jurisprudence Of The European Court Of Human Rights, Toon Moonen 2010 Hasselt University

Special Investigation Techniques, Data Processing And Privacy Protection In The Jurisprudence Of The European Court Of Human Rights, Toon Moonen

Pace International Law Review Online Companion

No abstract provided.


Habeas Corpus In Times Of Emergency: A Historical And Comparative View, Brian Farrell 2010 University of Iowa College of Law

Habeas Corpus In Times Of Emergency: A Historical And Comparative View, Brian Farrell

Pace International Law Review Online Companion

No abstract provided.


“The Slow Creep Of Complacency”: Ongoing Challenges For Democracies Seeking To Detain Terrorism Suspects, Maureen T. Duffy 2010 McGill University

“The Slow Creep Of Complacency”: Ongoing Challenges For Democracies Seeking To Detain Terrorism Suspects, Maureen T. Duffy

Pace International Law Review Online Companion

This article assesses shifting presumptions by three democracies -- the United States, Canada, and the United Kingdom – all of whom appear to have permanently adopted some alterations to their detention practices for certain terrorism-related cases since the attacks of September 11, 2001 (hereinafter “9/11”). A review of executive, legislative and judicial outcomes in these three countries often reveals an ongoing tension between the judiciary and the other branches of government, with the judiciary frequently citing to traditional constitutional principles to reassert the primacy of individual liberties and fair trial guarantees. In spite of such rulings, however, the advance towards some ...


The Ripple Effect: Guantanamo Bay In The United Kingdom's Courts, C.R.G. Murray 2010 Newcastle University

The Ripple Effect: Guantanamo Bay In The United Kingdom's Courts, C.R.G. Murray

Pace International Law Review Online Companion

The human rights abuses suffered by detainees held at Guantánamo Bay have dominated many of the cases before the United Kingdom’s courts. The Human Rights Act of 1998, still relatively new to the statute book, played a central role in the detainees’ arguments. The ultimate court decisions, however, often relegate such factors to the background of the case. This article examines why the deciding courts declined to develop the law of diplomatic protection on the basis of human rights concerns, and why such arguments continue to be employed by detainees. Furthermore, the article assesses why the English courts have ...


The Truth Behind Gitmo, Scott Horton 2010 Pace University

The Truth Behind Gitmo, Scott Horton

Pace International Law Review Online Companion

No abstract provided.


Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School of Law 2010 St. Mary's University

Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School Of Law

Law Notes

No abstract provided.


El Arbitraje Popular., Beatriz A. Franciskovic Ingunza 2010 SelectedWorks

El Arbitraje Popular., Beatriz A. Franciskovic Ingunza

Beatriz A. Franciskovic Ingunza

No abstract provided.


India’S Foreign Direct Investments Policy In The Defence Sector, Ved Prakash 2010 University of Delhi, India

India’S Foreign Direct Investments Policy In The Defence Sector, Ved Prakash

VED PRAKASH

India is among the world's top 10 spenders on defence. Currently, India allows only 26 per cent Foreign Direct Investments (“FDI”) in the Defence Sector. The Indian Government is considering a proposal to allow 100 per cent FDI into the Defence Sector.


Interregional Recognition And Enforcement Of Civil And Commercial Judgments: Lessons For China From Us And Eu Laws, Jie Huang 2010 Duke University School of Law

Interregional Recognition And Enforcement Of Civil And Commercial Judgments: Lessons For China From Us And Eu Laws, Jie Huang

Jie Huang

Judgment recognition and enforcement (JRE) between US sister states, between EU member states, and between Mainland China, Hong Kong, and Macao, are in the category of “interregional JRE.” This article focuses on what lessons China may draw from the US and the EU to develop its interregional JRE laws. It first discusses the status quo of the interregional JRE in China. Then it explores how the interregional economic integration demands the establishment of a multilateral interregional JRE arrangement in China. Finally it points out the four most crucial challenges in developing this arrangement: the challenge relating to the socialist characteristics ...


Beni Personali E Acquisto Di Immobili Dopo Il Matrimonio, Valerio Sangiovanni 2010 SelectedWorks

Beni Personali E Acquisto Di Immobili Dopo Il Matrimonio, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.


Homeschooling In Germany And The United States, Aaron Martin 2010 University of Arizona

Homeschooling In Germany And The United States, Aaron Martin

Aaron Martin

In March 2009, the Georgia House of Representatives passed House Resolution 850, urging the German Federal Government to legalize homeschooling. The resolution was one illustration of how advocacy groups throughout the United States have put pressure on Germany to change its draconian laws regarding homeschooling, laws that were enacted in 1938 during the Nazi regime. But while legislators are calling for Germany to change its laws, battles rage within the United States over the same issues.

This Note evaluates the state of homeschooling in the United States and Germany, both by considering the historical development in each country and through ...


The Vitality Of The American Sovereign, Todd E. Pettys 2010 University of Iowa College of Law

The Vitality Of The American Sovereign, Todd E. Pettys

Todd E. Pettys

In this book review, I examine Christian Fritz's "American Sovereigns: The People and America's Constitutional Tradition Before the Civil War." I dispute Fritz's claim that Americans today have essentially ceded their sovereign prerogatives to government officials. Contrary to Fritz's suggestion, ordinary Americans do still sometimes intervene directly in day-to-day governmental affairs in ways that are unauthorized by their elected leaders, and they do alter their constitutional landscape by means other than those formally authorized by Article V. Americans have determined that their long-term interests are often best served by manifesting their sovereign desires through extended interactions ...


Simplify, Simplify, Simplify – An Analysis Of Two Decades Of Judicial Review In The Veterans Benefits Adjudication System, Rory E. Riley 2010 U.S. Court of Appeals for Veterans Claims

Simplify, Simplify, Simplify – An Analysis Of Two Decades Of Judicial Review In The Veterans Benefits Adjudication System, Rory E. Riley

Rory E. Riley

Prior to the Veterans' Judicial Review Act, the Department of Veterans Affairs existed in "splendid isolation" - meaning that the department was insulated from judicial review by statute. After the due process revolution of the 1960's and pressure from various veterans’ organizations after the Vietnam war, Congress passed the Veterans' Judicial Review Act in 1988. The Act created the U.S. Court of Appeals for Veterans Claims, an article I court with exclusive jurisdiction over decisions by the Board of Veterans' Appeals. This article argues that 20 years after the Veterans' Judicial Review Act was implemented, the system has become ...


Reforma Regulatoria Y Competitividad, Alejandro Faya Rodriguez 2010 Universidad Iberoamericana - Mexico

Reforma Regulatoria Y Competitividad, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.


Complicaciones De La Ley De Competencia, Víctor Pavón-Villamayor 2010 SelectedWorks

Complicaciones De La Ley De Competencia, Víctor Pavón-Villamayor

Víctor Pavón-Villamayor

No abstract provided.


Don’T Just Make Redistricters More Accountable To The People, Make Them The People, Steven F. Huefner 2010 Duke Law

Don’T Just Make Redistricters More Accountable To The People, Make Them The People, Steven F. Huefner

Duke Journal of Constitutional Law & Public Policy

No abstract provided.


Las Facultades Del Tribunal Constitucional En Materia Económica, Daniel Echaiz Moreno 2010 Echaiz Abogados

Las Facultades Del Tribunal Constitucional En Materia Económica, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.


La Libertad De Empresa En La Jurisprudencia Del Tribunal Constitucional, Daniel Echaiz Moreno 2010 Echaiz Abogados

La Libertad De Empresa En La Jurisprudencia Del Tribunal Constitucional, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.


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