Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Fourth Amendment (10)
- Privacy (7)
- Search and seizures (4)
- Supreme Court (3)
- Cell phone records (2)
-
- Exclusionary rule (2)
- Fourth amendment (2)
- Right of privacy (2)
- Search and seizure (2)
- Technology (2)
- And the Law; Second Amendment; Self-Defense; Criminal Defenses; Racial Profiling; Supreme Court of the United States (1)
- Canada (1)
- Carpenter v. United States (1)
- Civil rights (1)
- Criminal Law and Procedure; Fourth Amendment; Constitutional Law (1)
- Criminal Procedure (1)
- DNA & Blood (1)
- DNA Databanks (1)
- DNA Identification (1)
- Databanks (1)
- Ethnicity (1)
- Ex Parte Jackson (1)
- Expectations of privacy (1)
- Florida v. Jardines (1)
- General warrants (1)
- Generally; Law Enforcement; Race (1)
- Genetic Discrimination (1)
- Genetic Information (1)
- Genetic Privacy (1)
- Genetic Testing (1)
- Publication Year
- Publication
- Publication Type
Articles 1 - 17 of 17
Full-Text Articles in Law
You Can’T Teach Old Katz New Tricks: It’S Time To Revitalize The Fourth Amendment, Jeremy Connell
You Can’T Teach Old Katz New Tricks: It’S Time To Revitalize The Fourth Amendment, Jeremy Connell
University of Miami Law Review
For over half a century, the Court’s decision in Katz v. United States has been the lodestar for applying the Fourth Amendment. The Katz test has produced a litany of confusing and irreconcilable decisions in which the Court has carved exceptions into the doctrine and then carved exceptions into the exceptions. These decisions often leave lower courts with minimal guidance on how to apply the framework to new sets of facts and leave legal scholars and commenters befuddled and frustrated with the Court’s explanations for the rulings. The Court’s decision in Carpenter v. United States represents the apex of Katz’s …
The United States Should Take A Page Out Of Canadian Law When It Comes To Privacy, Genetic And Otherwise, Ashley Rahaim
The United States Should Take A Page Out Of Canadian Law When It Comes To Privacy, Genetic And Otherwise, Ashley Rahaim
University of Miami Inter-American Law Review
Genetic information is intimate and telling data warranting privacy in public and private realms. The privacy protections offered in the United States and Canada vastly differ when it comes to genetic privacy. Search and seizure law mirrors the privacy gap in the countries, as well as their treatment of DNA database information.
This note explores the foreshadowing of the creation of genetic privacy laws and their varying levels of protection based on the way private information was treated by state actors through search and seizure caselaw, the creation of legal precedent, and the treatment of intimate personal data in the …
(Re)Framing Race In Civil Rights Lawyering, Anthony V. Alfieri, Angela Onwuachi-Willig
(Re)Framing Race In Civil Rights Lawyering, Anthony V. Alfieri, Angela Onwuachi-Willig
Articles
This Review examines the significance of Henry Louis Gates, Jr.'s new book, Stony the Road: Reconstruction, White Supremacy, and the Rise of Jim Crow, for the study of racism in our nation's legal system and for the regulation of race in the legal profession, especially in the everyday labor of civil-rights and poverty lawyers, prosecutors, and public defenders. Surprisingly, few have explored the relevance of the racial narratives distilled by Gates in Stony the Roa - the images, stereotypes, and tropes that Whites constructed of Blacks to deepen and ensure the life and legacy of white supremacy-to the practice …
Alexa, Amazon Assistant Or Government Informant?, Julia R. Shackleton Esq.
Alexa, Amazon Assistant Or Government Informant?, Julia R. Shackleton Esq.
University of Miami Business Law Review
Alexa, are you listening to me? Technology has become an integral part of one’s everyday life with voice-controlled devices pervading our most intimate interactions and spaces within the home. The answers to our questions are now at our fingertips with the simple roll of the tongue “Alexa,” your very own personal intelligence assistant. This futuristic household tool can perform tasks that range from answering simple voice commands to ordering any online shopping. However, the advent of voice technology presents a myriad of problems. Concerns arise as these new devices live in the privacy of our homes while quietly listening for …
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.
Cellphones, Stingrays, And Searches! An Inquiry Into The Legality Of Cellular Location Information, Jeremy H. D'Amico
Cellphones, Stingrays, And Searches! An Inquiry Into The Legality Of Cellular Location Information, Jeremy H. D'Amico
University of Miami Law Review
Can the Fourth Amendment protect an individual’s right privacy by preventing the disclosure of her location through cell site location information? Does it currently? Should it? Many court opinions answer these questions in both the affirmative and the negative. The rationale underlying each conclusion is disparate. Some rely on statutory regimes, others rely on the United States Supreme Court’s interpretation of reasonableness. However, Cell Site Location Information is a technology that requires uniformity in its interpretation. This note investigates the different interpretations of the Fourth Amendment as it relates to Cell Site Location Information. It explains the technology behind Cell …
That ‘70s Show: Why The 11th Circuit Was Wrong To Rely On Cases From The 1970s To Decide A Cell-Phone Tracking Case, David Oscar Markus, Nathan Freed Wessler
That ‘70s Show: Why The 11th Circuit Was Wrong To Rely On Cases From The 1970s To Decide A Cell-Phone Tracking Case, David Oscar Markus, Nathan Freed Wessler
University of Miami Law Review
In light of society's increasing reliance on technology, this article explores a critical question – that of the Fourth Amendment’s protection over privacy in the digital age. Specifically, this article addresses how the law currently fails to protect the privacy of one’s cell phone records and its ramifications. By highlighting the antiquated precedent leading up to the Eleventh Circuit’s ruling in United States v. Davis, this article calls on the judiciary to find a more appropriate balance for protecting the right to privacy in a modern society.
Everyman's Exclusionary Rule: The Exclusionary Rule And The Rule Of Law (Or Why Conservatives Should Embrace The Exclusionary Rule), Scott E. Sundby
Everyman's Exclusionary Rule: The Exclusionary Rule And The Rule Of Law (Or Why Conservatives Should Embrace The Exclusionary Rule), Scott E. Sundby
Articles
No abstract provided.
The Fourth Amendment In The Information Age, Ricardo J. Bascuas
The Fourth Amendment In The Information Age, Ricardo J. Bascuas
Articles
In 2013, the Supreme Court tacitly conceded that the expectations-of-privacy test used since 1967 to assess claims of Fourth Amendment violations was inadequate. It asserted that the previous property-based test for Fourth Amendment violations had never despite widespread agreement to the contrary been overruled. The Court compounded its artfulness by applying a new, significantly weaker trespass test that, like the expectations-of-privacy test, enjoys no legal pedigree. This new trespass test, which is to be applied together with the expectations-of-privacy test, suffers from the same defect as the test it purportedly supplements. It does not require the government to respect private …
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
Articles
No abstract provided.
Fourth Amendment Lessons From The Highway And The Subway: A Principled Approach To Suspicionless Searches, Ricardo J. Bascuas
Fourth Amendment Lessons From The Highway And The Subway: A Principled Approach To Suspicionless Searches, Ricardo J. Bascuas
Articles
The threat of future terrorist attacks has sped the proliferation of random, suspicionless searches and seizures, such as those now made of New York City subway riders. Courts assess the legality of such searches with an inherently flawed balancing test developed to assess searches and seizures made without "probable cause." Although scholars and Justices alike have decried the resort to balancing individual interests against the government's need to search, no alternative framework has been proposed. This Article proposes a more principled, objective inquiry for determining when suspicionless searches can be made. To eliminate the need for balancing, this Article advances …
Protecting The Citizen Whilst He Is Quiet: Suspicionless Searches, Special Needs And General Warrants, Scott E. Sundby
Protecting The Citizen Whilst He Is Quiet: Suspicionless Searches, Special Needs And General Warrants, Scott E. Sundby
Articles
No abstract provided.
An Ode To Probable Cause: A Brief Response To Professors Amar And Slobogin, Scott E. Sundby
An Ode To Probable Cause: A Brief Response To Professors Amar And Slobogin, Scott E. Sundby
Articles
No abstract provided.
Everyman's Fourth Amendment: Privacy Or Mutual Trust Between Government And Citizen, Scott E. Sundby
Everyman's Fourth Amendment: Privacy Or Mutual Trust Between Government And Citizen, Scott E. Sundby
Articles
No abstract provided.
Beyond Griswold: Foucauldian And Republican Approaches To Privacy, Stephen J. Schnably
Beyond Griswold: Foucauldian And Republican Approaches To Privacy, Stephen J. Schnably
Articles
No abstract provided.
A Return To Fourth Amendment Basics: Undoing The Mischief Of Camara And Terry, Scott E. Sundby
A Return To Fourth Amendment Basics: Undoing The Mischief Of Camara And Terry, Scott E. Sundby
Articles
No abstract provided.
Shared Privacy And The Fourth Amendment, Or The Rights Of Relationships, Mary I. Coombs
Shared Privacy And The Fourth Amendment, Or The Rights Of Relationships, Mary I. Coombs
Articles
No abstract provided.