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The Fourth Amendment And Immigration Enforcement In The Home: Can Ice Target The Utmost Sphere Of Privacy?, Marisa Antos-Fallon
The Fourth Amendment And Immigration Enforcement In The Home: Can Ice Target The Utmost Sphere Of Privacy?, Marisa Antos-Fallon
Fordham Urban Law Journal
This Note discusses whether targeting and entering homes of non-citizens without court-ordered warrants raises problems under the Fourth Amendment's prohibition of "unreasonable searches and seizures." Specifically, this note argues that additional protections are necessary to ensure that ICE does not violate the Fourth Amendment rights of those they target and those who get swept up in their enforcement effort. This is particularly true with initiatives such as "Operation Return to Sender" and "Operation Community Shield" because they are carried out in private homes, the traditional sphere of greatest Fourth Amendment protection. Part I of this Note details the particular ICE …
Nonparty Remote Electronic Access To Plea Agreements In The Second Circuit, David L. Snyder
Nonparty Remote Electronic Access To Plea Agreements In The Second Circuit, David L. Snyder
Fordham Urban Law Journal
Widespread electronic access to case files gives rise to security concerns previously unrealized in the era of paper records. As the United States Department of Justice noted, the emergence of a "cottage industry" of websites that republish court filings online for the purposes of witness intimidation, retaliation, and harassment poses "a grave risk of harm" to cooperating witnesses and defendants. Accordingly, the benefits associated with remote electronic availability and dissemination of judicial documents may come at a considerable cost. This Note describes the options that district courts within the Second Circuit could implement to mitigate these concerns. Part I of …
Hazelwood V. Kuhlmeier And The University: Why The High School Standard Is Here To Stay, Christopher N. Lavigne
Hazelwood V. Kuhlmeier And The University: Why The High School Standard Is Here To Stay, Christopher N. Lavigne
Fordham Urban Law Journal
In Hazelwood School District v. Kuhlmeier, the Supreme Court evaluated the administrative control of a high school newspaper and held that public school officials could control speech in school-sponsored activities if they did so for legitimate pedagogical reasons. While the Court reserved the question of whether this standard should be applicable at the university level, various federal circuit courts have since applied this speech-restrictive standard to student speech at colleges and universities. In light of these circuit court opinions, there has been considerable debate about whether and to what extent the Hazelwood framework should apply to college and university students. …