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Articles 1 - 15 of 15
Full-Text Articles in Law
Evolving Autonomous Vehicle Technology And The Erosion Of Privacy, Raquel Toral
Evolving Autonomous Vehicle Technology And The Erosion Of Privacy, Raquel Toral
University of Miami Business Law Review
No abstract provided.
Property, Persons, And Institutionalized Police Interdiction In Byrd V. United States, Eric J. Miller
Property, Persons, And Institutionalized Police Interdiction In Byrd V. United States, Eric J. Miller
Loyola of Los Angeles Law Review
During a fairly routine traffic stop of a motorist driving a rental car, two State Troopers in Harrisburg, Pennsylvania, discovered that the driver, Terrence Byrd, was not the listed renter. The Court ruled that Byrd nonetheless retained a Fourth Amendment right to object to the search. The Court did not address, however, why the Troopers stopped Byrd in the first place. A close examination of the case filings reveal suggests that Byrd was stopped on the basis of his race. The racial feature ofthe stop is obscured by the Court’s current property-basedinterpretation of the Fourth Amendment’s right to privacy.
Although …
From Storefront To Dashboard: The Use Of The Americans With Disabilities Act To Govern Websites, Kelby S. Carlson
From Storefront To Dashboard: The Use Of The Americans With Disabilities Act To Govern Websites, Kelby S. Carlson
Catholic University Law Review
The question of the effects of technological change on the interpretation of statutes is a complicated one. Particularly for statutes that govern a broad range of issues, the advent of new technology can precipitate re-examination of the rationale behind, and nature of, the relevant law. The Americans with Disabilities Act was enacted, in part, to give Americans with disabilities greater access to public space, allowing them to enjoy the advantages such access offers on an equal footing with the able-bodied. The adoption of digital technology across society and, in particular, the widespread ubiquity of the internet now raise questions about …
Chilling: The Constitutional Implications Of Body-Worn Cameras And Facial Recognition Technology At Public Protests, Julian R. Murphy
Chilling: The Constitutional Implications Of Body-Worn Cameras And Facial Recognition Technology At Public Protests, Julian R. Murphy
Washington and Lee Law Review Online
In recent years body-worn cameras have been championed by community groups, scholars, and the courts as a potential check on police misconduct. Such has been the enthusiasm for body-worn cameras that, in a relatively short time, they have been rolled out to police departments across the country. Perhaps because of the optimism surrounding these devices there has been little consideration of the Fourth Amendment issues they pose, especially when they are coupled with facial recognition technology (FRT). There is one particular context in which police use of FRT equipped body-worn cameras is especially concerning: public protests. This Comment constitutes the …
The Futile Fourth Amendment: Understanding Police Excessive Force Doctrine Through An Empirical Assessment Of Graham V. Connor, Osagie K. Obasogie, Zachary Newman
The Futile Fourth Amendment: Understanding Police Excessive Force Doctrine Through An Empirical Assessment Of Graham V. Connor, Osagie K. Obasogie, Zachary Newman
Northwestern University Law Review
Graham v. Connor established the modern constitutional landscape for police excessive force claims. The Supreme Court not only refined an objective reasonableness test to describe the constitutional standard, but also held that the Fourth Amendment is the sole avenue for courts to adjudicate claims that police violated a person’s constitutional rights in using force. In this Essay, we ask: What impact did this decision have on the nature of police excessive force claims in federal courts? To address this, we engaged in a qualitative examination of 500 federal cases (250 in the twenty-six years before Graham and 250 in the …
Lacking Regulated Policy For Dna Evidence, Maia Lister
Lacking Regulated Policy For Dna Evidence, Maia Lister
Themis: Research Journal of Justice Studies and Forensic Science
Despite its strong presence in criminal justice, DNA analysis is still a minimally regulated area. This minimal regulation devalues DNA evidence through the inconsistencies in these areas. The analysis methods of low template DNA lack a uniform method resulting in varying levels of reliability. Utilizing familial searches to assist in criminal investigations can potentially violate citizen rights. Such violations can also be found in the collection of DNA samples before an arrestee is tried or convicted. There are, however, regulations that could be applied universally to combat the problems that were discussed.
Is Your Smartphone Conversation Private? The Stingray Device’S Impact On Privacy In States, Katherine M. Sullivan
Is Your Smartphone Conversation Private? The Stingray Device’S Impact On Privacy In States, Katherine M. Sullivan
Catholic University Law Review
“Where are you” is a common question to receive on your cellphone, but it is up to you whether or not to respond with an answer. No longer does this question need to be asked due to advancements in surveillance technology. When pinpointing a criminal suspect, the question can be answered by local and state agencies, without the person of interest knowing, by using a StingRay device. The main question to be asked is does the conduct of locating a criminal suspect’s exact location without a warrant, violate an individual’s Fourth Amendment Constitutional right to be free from unreasonable searches. …
Hernandez V. Mesa: Preserving The Zone Of Constitutional Uncertainty At The Border, Alexandra A. Botsaris
Hernandez V. Mesa: Preserving The Zone Of Constitutional Uncertainty At The Border, Alexandra A. Botsaris
Maryland Law Review
No abstract provided.
Implications Of The Private Search Doctrine In A Digital Age: Advocating For Limitations On Warrantless Searches Through Adoption Of The Virtual File Approach, Brianna M. Espeland
Implications Of The Private Search Doctrine In A Digital Age: Advocating For Limitations On Warrantless Searches Through Adoption Of The Virtual File Approach, Brianna M. Espeland
Idaho Law Review
No abstract provided.
Licensed To Kill? An Analysis Of The Standard For Assessing Law Enforcement's Criminal Liability For Use Of Deadlly Force, Raoul Shah
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Blood On Their Hands: What Minnesota Authorities Can Do With Broad Warrants For Blood Draw Testing—State V. Fawcett, Matthew Porter
Blood On Their Hands: What Minnesota Authorities Can Do With Broad Warrants For Blood Draw Testing—State V. Fawcett, Matthew Porter
Mitchell Hamline Law Review
No abstract provided.
United States V. Ammons, Rebecca Ruffer
Katz V. United States: Back To The Future?, Michael Vitiello
Katz V. United States: Back To The Future?, Michael Vitiello
University of Richmond Law Review
No abstract provided.
County Of Los Angeles V. Mendez: Defending The Constitutionality Of The "Provocation Rule", Layla Bishara
County Of Los Angeles V. Mendez: Defending The Constitutionality Of The "Provocation Rule", Layla Bishara
Loyola of Los Angeles Law Review
No abstract provided.
State V. Hill, Nazariy Gavrysh