Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Fourth Amendment (3)
- Law enforcement (2)
- Searches and Seizures (2)
- United States Constitution 4th Amendment (2)
- Civil Rights (1)
-
- Civil Rights Act of 1871 (42 U.S.C. 1983) (1)
- Constitutional Law (1)
- Constitutional adjudication (1)
- Criminal Law and Procedure (1)
- Criminal law (1)
- Criminal procedure (1)
- Cross-Gender Search (1)
- Cross-Sex Search (1)
- Discrimination (1)
- Due Process of Law (1)
- Foucault (1)
- Fourth amendment (1)
- Gender (1)
- Immigration (1)
- Incarceration (1)
- Journal of Criminal Law & Criminology (1)
- Journal of Criminal Law and Criminology (1)
- Louisiana (1)
- Louisiana Constitution (1)
- Miranda warning (1)
- Motor Vehicle Safety Responsibility Law (1)
- Motor vehicles (1)
- Powers and Duties (1)
- Prison (1)
- Prisoner (1)
Articles 1 - 7 of 7
Full-Text Articles in Law
Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya
Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya
Faculty Publications
No abstract provided.
The Domestic Fourth Amendment Rights Of Undocumented Immigrants: On Guitterez And The Tort Law/Immigration Law Parallel, Victor C. Romero
The Domestic Fourth Amendment Rights Of Undocumented Immigrants: On Guitterez And The Tort Law/Immigration Law Parallel, Victor C. Romero
Journal Articles
This Article is composed of three parts. Part I examines the problems raised by the Gutierrez I regime, including the collapse of the protective constitutional floor of immigrants' rights portended by that decision. Part II contends that the current plenary power approach to immigration and immigrants' rights issues would likely support, rather than dismantle, the Gutierrez I approach to undocumented immigrants' Fourth Amendment rights. Part III provides an alternative to the plenary power regime by drawing a parallel between domestic tort law for premises liability and immigrants' rights law. This part concludes by showing that Rowland and its progeny could …
Public School Officials' Use Of Physical Force As A Fourth Amendment Seizure: Protecting Students From The Constitutional Chasm Between The Fourth And Fourteenth Amendments, Kathryn R. Urbonya
Public School Officials' Use Of Physical Force As A Fourth Amendment Seizure: Protecting Students From The Constitutional Chasm Between The Fourth And Fourteenth Amendments, Kathryn R. Urbonya
Faculty Publications
No abstract provided.
Sex & Surveillance: Gender, Privacy & The Sexualization Of Power In Prison, Teresa A. Miller
Sex & Surveillance: Gender, Privacy & The Sexualization Of Power In Prison, Teresa A. Miller
Journal Articles
In prison, surveillance is power and power is sexualized. Sex and surveillance, therefore, are profoundly linked. Whereas numerous penal scholars from Bentham to Foucault have theorized the force inherent in the visual monitoring of prisoners, the sexualization of power and the relationship between sex and surveillance is more academically obscure. This article criticizes the failure of federal courts to consider the strong and complex relationship between sex and surveillance in analyzing the constitutionality of prison searches, specifically, cross-gender searches.
The analysis proceeds in four parts. Part One introduces the issues posed by sex and surveillance. Part Two describes the sexually …
Transparent Adjudication And Social Science Research In Constitutional Criminal Procedure, Tracey L. Meares, Bernard Harcourt
Transparent Adjudication And Social Science Research In Constitutional Criminal Procedure, Tracey L. Meares, Bernard Harcourt
Faculty Scholarship
The October 1999 Term was a year of consolidation in the law of police investigations in constitutional criminal procedure. In four short and compact opinions – three supported by sizeable majorities and three written by the Chief Justice – the Supreme Court synthesized and consolidated its criminal procedure jurisprudence, and offered clear guidance to law enforcement officers and private citizens alike. Miranda warnings are required by the Fifth Amendment, and the police must continue to "Mirandize" citizens before conducting any custodial interrogations. Reasonable suspicion under the Fourth Amendment calls for a totality-of-the-circumstances test, and a citizen's flight from the police …
Case Notes: State V. Jackson: Warning - Roadblock Ahead! Louisiana Creates Log Jam Of Search And Seizure Analysis, Marc L. Roark
Case Notes: State V. Jackson: Warning - Roadblock Ahead! Louisiana Creates Log Jam Of Search And Seizure Analysis, Marc L. Roark
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
The Bill Of Rights And The Constitution: Facing The Challenge Of The Future, Stephen Wermiel
The Bill Of Rights And The Constitution: Facing The Challenge Of The Future, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.