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Articles 1 - 17 of 17
Full-Text Articles in Law
The Fourth Amendment, The Exclusionary Rule, And The Roberts Court: Normative And Empirical Dimensions Of The Over-Deterrence Hypothesis, Donald Dripps
Chicago-Kent Law Review
This essay engages in the risky business of predicting future Supreme Court developments. In the first part, I analyze the evidence suggesting that the Roberts Court might abolish the exclusionary rule. The critique of exclusion in Hudson v. Michigan is both less and more probative than appears at first blush. Part II turns to some less obvious evidence pointing in the direction of retaining the exclusionary rule. First, abolition of the exclusionary rule is inconsistent with the Hudson majority's apparent content with prevailing police behavior. Second, abolition of the exclusionary rule would curtail the power of the Supreme Court. Part …
Replacing The Exclusionary Rule: Fourth Amendment Violations As Direct Criminal Contempt, Ronald J. Rychlak
Replacing The Exclusionary Rule: Fourth Amendment Violations As Direct Criminal Contempt, Ronald J. Rychlak
Chicago-Kent Law Review
The exclusionary rule, which bars from admission evidence obtained in violation of the Fourth Amendment's prohibition of unreasonable searches and seizures, is a bedrock of American law. It is highly controversial, but there seems to be no equally effective way to protect citizens' rights. This paper proposes that an admissibility standard be adopted that is in keeping with virtually every jurisdiction around the world other than the United States. Thus, before ruling evidence inadmissible, the court would consider the level of the constitutional violation, the seriousness of the crime, whether the violation casts substantial doubt on the reliability of the …
The Irrelevancy Of The Fourth Amendment In The Roberts Court, Thomas K. Clancy
The Irrelevancy Of The Fourth Amendment In The Roberts Court, Thomas K. Clancy
Chicago-Kent Law Review
Since John Roberts Jr. became Chief Justice of the Supreme Court, there has been a measurable decline in the number of cases addressing Fourth Amendment questions. This article examines the reasons for that decline and predicts the substantial elimination of Fourth Amendment litigation in the Roberts Court. The prediction is based on several premises, including the lack of interest of the Justices on the Court concerning search and seizures principles and two significant recent cases, Pearson v. Callahan and United States v. Herring, which presage a significant decline in the number of lower court cases addressing the merits of …
Mapp V. Ohio'S Unsung Hero: The Suppression Hearing As Morality Play, Scott E. Sundby
Mapp V. Ohio'S Unsung Hero: The Suppression Hearing As Morality Play, Scott E. Sundby
Chicago-Kent Law Review
The exclusionary rule is back under the judicial magnifying glass. Recent opinions, most notably by Justice Scalia, have sparked speculation that the Roberts Court is inclined to overrule Mapp v. Ohio and send Fourth Amendment disputes back to the realm of civil suits and police disciplinary actions. As the Court's rulings have made clear, any reevaluation of the exclusionary rule's future will be conducted under the now familiar rubric of whether the rule's "benefit" of deterring police misbehavior outweighs the "cost" of lost evidence and convictions.
This essay argues that if any such reevaluation does occur, the Court must take …
Fourth Amendment Federalism And The Silencing Of The American Poor, Andrew E. Taslitz
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 …
Georgia V. Randolph, The Red-Headed Stepchild Of An Ugly Family: Why Third Party Consent Search Doctrine Is An Unfortunate Fourth Amendment Development That Should Be Restrained, Aubrey H. Brown
William & Mary Bill of Rights Journal
No abstract provided.
Suspicionless Border Seizures Of Electronic Files: The Overextension Of The Border Search Exception To The Fourth Amendment, Scott J. Upright
Suspicionless Border Seizures Of Electronic Files: The Overextension Of The Border Search Exception To The Fourth Amendment, Scott J. Upright
William & Mary Law Review
No abstract provided.
The Content/Envelope Distinction In Internet Law, Matthew J. Tokson
The Content/Envelope Distinction In Internet Law, Matthew J. Tokson
William & Mary Law Review
Whether a component of an Internet communication is classified as "content" or "envelope" information determines in large part the privacy protection it receives under constitutional and statutory law. Courts and Internet law scholars have yet to offer a means of determining the content/envelope status of unique aspects of Internet communications-from email subject lines to website URLs. As a result, data with the potential to expose every website, every Internet file downloaded, and every email sent by an Internet user may be unprotected under current law.
This Article develops a legal framework for distinguishing content from envelope information in unique areas …
Do We Need A New Fourth Amendment?, Orin S. Kerr
Do We Need A New Fourth Amendment?, Orin S. Kerr
Michigan Law Review
Slobogin's book offers a new conceptualization of the Fourth Amendment rooted in what he calls the proportionality principle: An investigative technique should be permitted under the Constitution only if the strength of the government's justification for the technique is roughly proportionate to the level of intrusion it causes . Slobogin roots this principle in Terry v. Ohio and its pragmatic balancing of law-enforcement and privacy interests. To determine how much justification the Fourth Amendment requires, Slobogin argues, courts should assess the intrusiveness of the investigatory technique and then set a proportionate threshold of proof that the government must show. The …
Incorporating Fourth Amendment Standards In A Model Policy For School Officials Use Of Force To Restrain & Detain Students, Sean Croston
Incorporating Fourth Amendment Standards In A Model Policy For School Officials Use Of Force To Restrain & Detain Students, Sean Croston
Brigham Young University Education and Law Journal
No abstract provided.
York V. Wahkiakum School District And The Future Of School Searches Under The Washington State Constitution, Kerem Murat Levitas
York V. Wahkiakum School District And The Future Of School Searches Under The Washington State Constitution, Kerem Murat Levitas
Washington Law Review
In March 2008, the Supreme Court of Washington decided York v. Wahkiakum School District, a case involving mandatory, suspicionless drug testing of student athletes. The court struck down the testing regime, but, unable to agree on the grounds for invalidating the testing, issued three separate opinions. The lead opinion argued that suspicionless testing could never be countenanced under the Washington Constitution. Two concurrences argued that suspicionless testing could be permissible under certain circumstances pursuant to a variant of the federal special-needs doctrine. This Note reviews search-and-seizure protections under the United States and Washington constitutions, their application to school search …
Public Safety Approach: Reconciling Terry With Individual Rights, A, Tiffany D. Corona
Public Safety Approach: Reconciling Terry With Individual Rights, A, Tiffany D. Corona
McGeorge Law Review
No abstract provided.
Bottom-Up Or Top-Down? Removing The Privacy Law Obstacles To Healthcare Reform In The National Healthcare Crisis, John W. Hill, Arlen W. Langvardt, Jonathan E. Rinehart
Bottom-Up Or Top-Down? Removing The Privacy Law Obstacles To Healthcare Reform In The National Healthcare Crisis, John W. Hill, Arlen W. Langvardt, Jonathan E. Rinehart
Indiana Law Journal
Issues of healthcare availability and quality are among the most profound facing our nation. If a high-quality, accessible healthcare system of a truly national nature is to be devised, electronic connectivity—including increased use of electronic medical records and similar technological advances—must be a key feature. Yet such connectivity may give rise to patients’ concerns regarding the privacy of their medical information. Because such concerns demand respect, a challenge lies in balancing patients’ privacy interests against the important information-sharing interests underlying a national healthcare network. The Health Insurance Portability & Accountability Act (HIPPAA) is a key federal law that addresses many …
Legal Aspects Of Prior Informed Consent On Access To Genetic Resources, Kuei-Jung Ni
Legal Aspects Of Prior Informed Consent On Access To Genetic Resources, Kuei-Jung Ni
Vanderbilt Journal of Transnational Law
Since the Convention on Biological Diversity (CBD) has been in force, national implementation of the access to and benefit-sharing (ABS) requirement on genetic resources has been flourishing. A requirement of prior informed consent (PIC) by the people controlling access to genetic resources constitutes a major instrument to deter illegal bioprospecting and to ensure fair access to genetic resources.
This Article aims to analyze the continuing global lawmaking on PIC and to conduct a comparative study on how genetically rich nations implement the PIC requirement with a view to examining whether the genuine mandate of the CBD has been fulfilled.
This …
Apparent Authority In Computer Searches: Sidestepping The Fourth Amendment, John-Robert Skrabanek
Apparent Authority In Computer Searches: Sidestepping The Fourth Amendment, John-Robert Skrabanek
Kentucky Law Journal
No abstract provided.
Reading Your Mind At The Border: Searching Memorialized Thoughts And Memories On Your Laptop And United States V. Arnold, Erick Lucadamo
Reading Your Mind At The Border: Searching Memorialized Thoughts And Memories On Your Laptop And United States V. Arnold, Erick Lucadamo
Villanova Law Review
No abstract provided.
The Case For The Third-Party Doctrine, Orin S. Kerr
The Case For The Third-Party Doctrine, Orin S. Kerr
Michigan Law Review
This Article offers a defense of the Fourth Amendment's third party doctrine, the controversial rule that information loses Fourth Amendment protection when it is knowingly revealed to a third party. Fourth Amendment scholars have repeatedly attacked the rule on the ground that it is unpersuasive on its face and gives the government too much power This Article responds that critics have overlooked the benefits of the rule and have overstated its weaknesses. The third-party doctrine serves two critical functions. First, the doctrine ensures the technological neutrality of the Fourth Amendment. It corrects for the substitution effect of third parties that …