Digital Commons Network^™

Courts Re-Examine The Application Of Goldfinger-Era Electronic Tracking Cases To Law Enforcement Use Of Gps Tracking Devices, Joshua A. Engel

Richmond Journal of Law and the Public Interest

GPS tracking devices have become inexpensive, small, and can easily be attached to a vehicle quickly. Law enforcement is increasingly using these devices to track the exact location of a suspect's vehicle over a long period of time. In most instances, relying on Supreme Court cases from the early 1980's, law enforcement has not sought a warrant before using these devices. This paper examines how courts have attempted to apply Supreme Court precedents based on "primitive" tracking devices to modern GPS tracking devices. These precedents established that the use of electronic tracking devices on vehicles did not constitute a search …

Race To Judgment? An Empirical Study Of Scott V. Harris And Summary Judgment, Amelia G. Yowell

Notre Dame Law Review

No abstract provided.

Proportionality, Privacy, And Public Opinion: A Reply To Kerr And Swire, Christopher Slobogin

Vanderbilt Law School Faculty Publications

In 2007, I published Privacy at Risk: The New Government Surveillance and the Fourth Amendment.' The immediate trigger for the book was the recent upsurge in government use of technology to monitor public and private behavior, and more particularly the tremendous increase in government surveillance after 9/11 using techniques such as data mining, phone and computer intercepts, and public camera systems. The primary analytical target of the book, however, was more general: Supreme Court case law that, read broadly, permits much of this technological surveillance to take place without impinging on any constitutional interests. In an effort to counteract this …

Legal Fictions And Juristic Truth, Nancy J. Knauer

St. Thomas Law Review

This Essay reviews the three categories of new fictions outlined above, which I refer to as (1) empirical legal errors; (2) discredited legal regimes; and (3) complex statutory schemes. With respect to each category, I conclude that the appellation of legal fiction is a misnomer and that the integrity of Fuller's classic definition should be retained for its analytic force. The conundrum presented by the legal fiction is that it retains its utility despite its falsity, similar to false statements used in science and mathematics in order to advance a proof or hypothesis. The new legal fictions, however, are different …

Proportionality, Privacy, And Public Opinion: A Reply To Kerr And Swire, Christopher Slobogin

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Metaphors, Meaning, And Health Reform, Sidney D. Watson

Saint Louis University Law Journal

No abstract provided.

A Model Copyright Exemption To Serve The Visually Impaired, Patrick Hely

Vanderbilt Journal of Transnational Law

Copyright law presents visually impaired persons with serious barriers to access of the written word. A recent international effort seeks to remove these barriers to access, in limited instances, by allowing the creation of accessible formats of copyrighted works. While bodies like the World Blind Union--through several South American states--have presented draft treaties to the World Intellectual Property Organization (WIPO), to date the interested parties have not found a mutually agreeable solution. This Note surveys international intellectual property law as it relates to the problem, draws a comparison to the humanitarian concerns entangled with international patent law, and tracks the …

Fourth Amendment Federalism And The Silencing Of The American Poor, Andrew E. Taslitz

Chicago-Kent Law Review

In Virginia v. Moore, police officers searched Moore incident to an arrest for a minor traffic infraction for which Virginia statutory law in fact prohibited arrest. The officers found cocaine on Moore's person, arresting him for that crime too. The United States Supreme Court ultimately found that the arrest for the traffic infraction and the subsequent search were valid under the federal Constitution's Fourth Amendment. Central to the Court's reasoning was its insistence that the state statute was irrelevant. Any contrary conclusion, explained the Court, would wrongly make the Fourth Amendment's meaning vary from place to place. Professor Taslitz …

Criminal Justice And The Public Imagination, Erik Luna

Scholarly Articles

As this symposium demonstrates, criminology has much to offer criminal law and procedure. But there are limits to this endeavor, such as when public policy is distorted by powerful emotions that ignore the lessons of legal doctrine and social science. This article presents one possible response in such circumstances: expanding the interdisciplinary relationship to include literary and cultural materials usually associated with the humanities. These works can inspire the public imagination in ways that law and criminology cannot, at times offering an alternative narrative to counter emotion-driven claims of necessity, for instance, and raising the exact type of questions that …

Liberty, Liberalism, And Neutrality: Labor Preemption And First Amendment Values, Harry G. Hutchinson

Seton Hall Law Review

No abstract provided.

International Law And The Torture Memos, Michael P. Scharf

Case Western Reserve Journal of International Law

No abstract provided.

Professional Responsibility, James M. Mccauley

University of Richmond Law Review

No abstract provided.

1984 Arrives: Thought(Crime), Technology, And The Constitution, William Federspiel

William & Mary Bill of Rights Journal

No abstract provided.

Sentencing Guidelines For The Court Of Public Opinion: An Analysis Of The National Football League's Revised Personal Conduct Policy, Michael A. Mahone Jr.

Vanderbilt Journal of Entertainment & Technology Law

The National Football League (NFL) is considered to be the premier professional sports league in the United States, if not the world. In order to maintain that prominence, it is necessary for the NFL to address circumstances that may arise periodically that could have a deleterious effect on league revenues. Throughout the history of the NFL, initiatives taken to safeguard its continued prosperity have been within the province of the NFL Commissioner. The behavior of NFL players, whether on the playing field or in their personal lives, presents one such threat to the league's financial success. In the area of …

Intellectual Privacy, Neil M. Richards

Scholarship@WashULaw

This Article is about intellectual privacy–the protection of records of our intellectual activities–and how legal protection of these records is essential to the First Amendment values of free thought and expression. We often think of privacy rules being in tension with the First Amendment, but protection of intellectual privacy is different. Intellectual privacy is vital to a robust culture of free expression, as it safeguards the integrity of our intellectual activities by shielding them from the unwanted gaze or interference of others. If we want to have something interesting to say in public, we need to pay attention to the …

Virtual Trademarks, Candidus Dougherty, Greg Lastowka

Santa Clara High Technology Law Journal

No abstract provided.

Keeping It Private, Maimon Schwarzschild

San Diego Law Review

Public law adjudication has grown dramatically in recent decades in many English-speaking countries. In the United States, and increasingly in other countries where it used to be rare for public questions to be decided in court, controversial questions of public policy are tried as constitutional or human rights issues and decided by court order. But in other areas of law - in everyday tort, contract, and property cases - court decisions are typically much less dramatic and seldom if ever announce controversial innovations in public policy. Yet in private law cases too there are implicit questions of social justice. In …

All Quiet On The Middle Eastern Front? Proposed Legislation To Regulate Milblogs And Effectuate The First Amendment In The Combat Zone, Michelle Rosengarten

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Why George Orwell's Ideas About Language Still Matter For Lawyers, Judith D. Fischer

Montana Law Review

Language for Lawyers

Privacy, Identity And Security, Benjamin J. Goold

All Faculty Publications

This paper examines the relationship between security, surveillance, privacy and identity, both in the context of legislation such as the Anti-terrorism Act and the PATRIOT Act, and also in the light of ongoing changes in how that personal information is gathered, processed and used. It is argued that prevailing notions of privacy — and the legal frameworks that aim to protect privacy interests — are ill-suited to defending individuals from an increasingly sophisticated array of surveillance and data processing techniques, which enable information to be acquired and shared at almost zero-cost and which threaten to establish the ‘categorical identity’ as …

Incapacitation Through Maiming: Chemical Castration, The Eighth Amendment, And The Denial Of Human Dignity, John F. Stinneford

UF Law Faculty Publications

This year marks the tenth anniversary of California's enactment of the nation's first chemical castration law. This law requires certain sex offenders to receive, as part of their punishment, long-term pharmacological treatment involving massive doses of a synthetic female hormone called medroxyprogesterone acetate (MPA). MPA treatment is described as chemical castration because it mimics the effect of surgical castration by eliminating almost all testosterone from the offender's system. The intended effect of MPA treatment is to alter brain and body function by reducing the brain's exposure to testosterone, thus depriving offenders of most (or all) capacity to experience sexual desire …

Great Judicial Opinions Versus Great Literature: Should The Two Be Measured By The Same Criteria, Annie M. Smith

McGeorge Law Review

No abstract provided.

Walking The Centre Line: Balancing An Employee's Right To Privacy In Drug And Alcohol Policies In The Atlantic Offshore Oil Industry, Harold Smith, Joseph Anthony

Dalhousie Law Journal

Should the principles applied to drug and alcohol testing on land be imported into the Atlantic offshore oil and gas industry? The authors take the position that there is room for the notion that the application of principles derived from safety sensitive land based industry ought not to be applied in a perfunctory or rote manner to the Atlantic offshore environment. The case law, since Entrop, shows a judicial tendency to apply the requirements established by the obiter dictum of Entrop. (Etrop dealt with safety sensitive but land-based industry.) The danger is that the principles, as developed by and since …

It's Hard To Be A Human Being And A Lawyer: Young Attorneys And The Confrontation With Ethical Ambiguity In Legal Practice, Robert Granfield, Thomas Koenig Northeastern University

West Virginia Law Review

No abstract provided.

The Middle Class Fourth Amendment, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

A Road Not Taken, Jonathan A. Weiss

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Digital Dossiers And The Dissipation Of Fourth Amendment Privacy, Daniel J. Solove

GW Law Faculty Publications & Other Works

In this article, Professor Solove examines the increasing information flow from the private sector to the government, especially in light of the response to September 11, 2001. In today's Information Age, private sector entities are gathering an unprecedented amount of personal information about individuals, and the data is increasingly being accessed by government law enforcement officials. This government information gathering takes place outside the bounds of the Fourth Amendment, since the Supreme Court held in Smith v. Maryland and United States v. Miller that the Fourth Amendment does not apply to records held by third parties. Law enforcement officials can, …

Legislating U.S. Data Privacy In The Context Of National Identification Numbers: Models From South Africa And The United Kingdom, R. Brian Black

Cornell International Law Journal

No abstract provided.

Medical Marijuana's Fate In The Aftermath Of The Supreme Court's New Commerce Clause Jurisprudence, Erik R. Neusch

University of Colorado Law Review

No abstract provided.

Alumni Newsletter - Issue No. 74, University Of Maine School Of Law

Maine Law Magazine

• Around Campus
• Keeping Up with Technology
• Commencement
• Faculty
• Alumni News
• Annual Fund Results