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Full-Text Articles in Law
Escaping Circularity: The Fourth Amendment And Property Law, João Marinotti
Escaping Circularity: The Fourth Amendment And Property Law, João Marinotti
Articles by Maurer Faculty
The Supreme Court’s “reasonable expectation of privacy” test under the Fourth Amendment has often been criticized as circular, and hence subjective and unpredictable. The Court is presumed to base its decisions on society’s expectations of privacy, while society’s expectations of privacy are themselves presumed to be based on the Court’s judgements. As a solution to this problem, property law has been repeatedly propounded as an allegedly independent, autonomous area of law from which the Supreme Court can glean reasonable expectations of privacy without falling back into tautological reasoning.
Such an approach presupposes that property law is not itself circular. If …
Girls, Assaulted, India Thusi
Girls, Assaulted, India Thusi
Articles by Maurer Faculty
Girls who are incarcerated share a common trait: They have often experienced multiple forms of sexual assault, at the hands of those close to them and at the hands of the state. The #MeToo movement has exposed how powerful people and institutions have facilitated pervasive sexual violence. However, there has been little attention paid to the ways that incarceration perpetuates sexual exploitation. This Article focuses on incarcerated girls and argues that the state routinely sexually assaults girls by mandating invasive, nonconsensual searches. Unwanted touching and display of private parts are common features of life before and after incarceration—from the sexual …
Widening The Aperture On Fourth Amendment Interests: A Comment On Orin Kerr's The Fourth Amendment And The Global Internet, David G. Delaney
Widening The Aperture On Fourth Amendment Interests: A Comment On Orin Kerr's The Fourth Amendment And The Global Internet, David G. Delaney
Articles by Maurer Faculty
Physical-world law may not be suitable for cyberspace. For example, the Supreme Court's "sufficient connection" test in U.S. v. Verdugo-Urquidez (1990) is inconsistent with the century-long trend for courts to find greater constitutional protections for those subject to U.S. jurisdiction outside the United States. Courts must maintain flexibility to conceive of a Fourth Amendment that does not depend exclusively on territory to fulfill its twin aims of ordering government and enabling redress of liberty infringements. Federal and state courts and legislatures addressing searches, seizures, and surveillance in cyberspace should seek simple rules that can easily adapt as cyberspace and government …
Rehnquist's Fourth Amendment: Be Reasonable, Craig M. Bradley
Rehnquist's Fourth Amendment: Be Reasonable, Craig M. Bradley
Articles by Maurer Faculty
"The Fourth Amendment: Be Reasonable," is a chapter in a book, The Rehnquist Legacy, published by Cambridge University Press in 2006. The book is a comprehensive legal biography of the Chief Justice in which leading scholars examine his legacy in diverse areas of constitutional law, including criminal procedure. This chapter examines Rehnquist's voluminous Fourth Amendment jurisprudence. While Rehnquist has not authored any single path-breaking case in this area, the chapter shows his success, across the board, in achieving his stated goal of calling a halt to the pro-defendant rulings of the Warren Court in the criminal procedure area. However, Rehnquist …
Warrantless Location Tracking, Ian Samuel
Warrantless Location Tracking, Ian Samuel
Articles by Maurer Faculty
The ubiquity of cell phones has transformed police investigations. Tracking a suspect's movements by following her phone is now a common but largely unnoticed surveillance technique. It is useful, no doubt, precisely because it is so revealing; it also raises significant privacy concerns. In this Note, I consider what the procedural requirements for cell phone tracking should be by examining the relevant statutory and constitutional law. Ultimately, the best standard is probable cause; only an ordinary warrant can satisfy the text of the statutes and the mandates of the Constitution.
The Court's "Two Model" Approach To The Fourth Amendment: Carpe Diem!, Craig M. Bradley
The Court's "Two Model" Approach To The Fourth Amendment: Carpe Diem!, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Are State Courts Enforcing The Fourth Amendment? A Preliminary Study, Craig M. Bradley
Are State Courts Enforcing The Fourth Amendment? A Preliminary Study, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Two Models Of The Fourth Amendment, Craig M. Bradley
Two Models Of The Fourth Amendment, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Constitutional Protection For Private Papers, Craig M. Bradley
Constitutional Protection For Private Papers, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Criminal Law Notes: Fourth Amendment Developments And Their Impact Upon The Criminal Process In Indiana, F. Thomas Schornhorst
Criminal Law Notes: Fourth Amendment Developments And Their Impact Upon The Criminal Process In Indiana, F. Thomas Schornhorst
Articles by Maurer Faculty
No abstract provided.
Criminal Law Notes: The Preliminary Hearing As A Constitutional Requirement, F. Thomas Schornhorst
Criminal Law Notes: The Preliminary Hearing As A Constitutional Requirement, F. Thomas Schornhorst
Articles by Maurer Faculty
No abstract provided.
Book Review. The History And Development Of The Fourth Amendment To The Constitution Of The United States By Nelson B. Lasson, Framl Horack Jr.
Book Review. The History And Development Of The Fourth Amendment To The Constitution Of The United States By Nelson B. Lasson, Framl Horack Jr.
Articles by Maurer Faculty
No abstract provided.