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- 026; Administration of Export Controls on Encryption Products; Bureau of Export Administration; Bernstein v. United States Dep't of State; Junger v. Daley; application of immediate scrutiny; content-neutral regulations; (1)
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Articles 1 - 11 of 11
Full-Text Articles in Law
Recovering The Original Fourth Amendment, Thomas Y. Davies
Recovering The Original Fourth Amendment, Thomas Y. Davies
Michigan Law Review
Claims regarding the original or intended meaning of constitutional texts are commonplace in constitutional argument and analysis. All such claims are subject to an implicit validity criterion - only historically authentic assertions should matter. The rub is that the original meaning commonly attributed to a constitutional text may not be authentic. The historical Fourth Amendment is a case in point. If American judges, lawyers, or law teachers were asked what the Framers intended when they adopted the Fourth Amendment, they would likely answer that the Framers intended that all searches and seizures conducted by government officers must be reasonable given …
United States V. Hotal: Determining The Role Of Conditions Precedent In The Constitutionality Of Anticipatory Warrants, Brett R. Hamm
United States V. Hotal: Determining The Role Of Conditions Precedent In The Constitutionality Of Anticipatory Warrants, Brett R. Hamm
BYU Law Review
No abstract provided.
It Is Not Right Under The Constitution To Stop And Frisk Minority People Because They Don't Look Right, L. Darnell Weeden
It Is Not Right Under The Constitution To Stop And Frisk Minority People Because They Don't Look Right, L. Darnell Weeden
University of Arkansas at Little Rock Law Review
No abstract provided.
The Development Of Search And Seizure Law In Public Schools, Bill O. Heder
The Development Of Search And Seizure Law In Public Schools, Bill O. Heder
Brigham Young University Education and Law Journal
No abstract provided.
Third-Party Consent Under The United States And Utah Constitutions: Should Utah Adopt The Federal Standard?, S. Matthew Cook
Third-Party Consent Under The United States And Utah Constitutions: Should Utah Adopt The Federal Standard?, S. Matthew Cook
BYU Law Review
No abstract provided.
The Loss Of Privacy Is Just A Heartbeat Away: An Exploration Of Government Heartbeat Detection Technology And Its Impact On Fourth Amendment Protections, George M. Dery Iii
The Loss Of Privacy Is Just A Heartbeat Away: An Exploration Of Government Heartbeat Detection Technology And Its Impact On Fourth Amendment Protections, George M. Dery Iii
William & Mary Bill of Rights Journal
The Department of Energy has developed the "Enclosed Space Detection System" (ESDS), a search tool that enables officials to identify persons hidden inside vehicles at certain sensitive sites, such as nuclear facilities. ESDS operates by measuring the movements in vehicles generated by the beating of an occupant's heart. This Article considers the Fourth Amendment privacy implications caused by the advent of a technology so advanced that it can probe all the way to one's heart. Specifically, this Article critically examines the Supreme Court's Fourth Amendment precedent concerning the definition of a "search" and the application of the "special needs" doctrine …
Building Castles Made Of Glass—Security On The Internet, Joe Baladi
Building Castles Made Of Glass—Security On The Internet, Joe Baladi
University of Arkansas at Little Rock Law Review
No abstract provided.
Federal Bribery Statute And The Ethics Of Purchasing Testimony, 33 J. Marshall L. Rev. 209 (1999), Camille Knight
Federal Bribery Statute And The Ethics Of Purchasing Testimony, 33 J. Marshall L. Rev. 209 (1999), Camille Knight
UIC Law Review
No abstract provided.
Consensual Searches, The Fairytale That Became A Nightmare: Fargo Lessons Concerning Police Initiated Encounters, Robert V. Ward Jr.
Consensual Searches, The Fairytale That Became A Nightmare: Fargo Lessons Concerning Police Initiated Encounters, Robert V. Ward Jr.
Touro Law Review
No abstract provided.
Abrogating The Exclusionary Rule Outside Of The Criminal Trial Context? Pennsylvania Board Of Probation & Parole V. Scott: One Step Closer To A Per Se Rule In Fourth Amendment Jurisprudence, Richard F. Dzubin
University of Richmond Law Review
As citizens of the United States, most of us would abhor warrantless police intrusion into our homes. The Fourth Amendment protects all citizens against unreasonable searches and seizures. When unaccompanied by a valid search warrant, a search of a residence is presumptively unreasonable. Thus, the law proscribes overly-aggressive investigatory methods that trammel the rights of American citizens. What happens, however, when the protected right belongs to a paroled felon suspected of violating the conditions of his parole? In Pennsylvania Board of Probation & Parole v. Scott, the United States Supreme Court refused to extend to parolees the remedies which are …
Crimes And Errors Impossible To Commit: Defining Away The Fourth Amendment - Wyoming V. Houghton, Rachel Gader-Shafran
Crimes And Errors Impossible To Commit: Defining Away The Fourth Amendment - Wyoming V. Houghton, Rachel Gader-Shafran
Cleveland State Law Review
This Note contends that the Court's decision to adopt the Houghton approach to the automobile warrant exception is problematic for three reasons. First, the Court has erroneously interpreted the historical evidence behind the creation of the Fourth Amendment. Second, the Court, by chipping away at stare decisis, is disrupting the foundations of American jurisprudence and the development of the law. Third, by creating a new lexicon, changing the meanings of the words, the Court is trying to define away the protections afforded by the Fourth Amendment. This Note will briefly summarize the facts of Houghton and review the historical purpose …