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Full-Text Articles in Law

Chandler V. Miller: Redefining "Special Needs" For Suspicionless Drug Testing Under The Fourth Amendment, Joy L. Ames Jul 2015

Chandler V. Miller: Redefining "Special Needs" For Suspicionless Drug Testing Under The Fourth Amendment, Joy L. Ames

Akron Law Review

This Note will discuss the three Supreme Court cases that, up to now, have defined Fourth Amendment doctrine regarding suspicionless drug testing in the public sector: National Treasury Employees Union v. Von Raab, Skinner v. Railway Labor Executives’ Association, and Vernonia School District v. Acton. Specifically, this Note will focus on the "special needs" analysis as it was articulated in these cases, as well as how that analysis was altered in Chandler. This Note will then thoroughly analyze the Chandler decision, pointing out its strengths in eliminating some of the subjectivity of Fourth Amendment doctrine. It will also explain the …


Drugs And Alcohol In The Workplace , Venable, Baetjer & Howard, Esqs. Apr 2013

Drugs And Alcohol In The Workplace , Venable, Baetjer & Howard, Esqs.

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


National Treasury Employees Union V. Von Raab—Will The War Against Drugs Abrogate Constitutional Guarantees?, Alyssa C. Westover Jan 2013

National Treasury Employees Union V. Von Raab—Will The War Against Drugs Abrogate Constitutional Guarantees?, Alyssa C. Westover

Pepperdine Law Review

No abstract provided.


Confusion In The Courts: What To Do With Hiv-Positive And Aids-Infected Public Employees , Erika J. Crandall Jan 1995

Confusion In The Courts: What To Do With Hiv-Positive And Aids-Infected Public Employees , Erika J. Crandall

Journal of Law and Health

This paper is divided into five sections. Part one deals with background information on AIDS. Part two discusses current federal legislation. Part three examines how AIDS falls under federal legislation and case law, including the resulting impact of hiring AIDS-infected individuals. Part four evaluates possible violations of the Fourth Amendment resulting from the federal legislation and from an employer's mandatory testing of employees for the HIV virus. The last section discusses the government's liability when a public employee transmits AIDS to another individual during the course of employment.


Washington Constitution Article 1, Section 7: The Argument For Broader Protection Against Employer Drug Testing, Ken Davis Jan 1993

Washington Constitution Article 1, Section 7: The Argument For Broader Protection Against Employer Drug Testing, Ken Davis

Seattle University Law Review

This Comment will analyze Article 1, Section 7 of the Washington Constitution, the search and seizure provision, and conclude that this provision should be construed to provide greater protection to employees against employer drug testing absent individualized suspicion than the Fourth Amendment does. The scope of this Comment, however, is limited to the rights of state employees with respect to suspicionless drug testing. The rights of federal employees are not included in this analysis because they are protected against suspicionless drug testing only by the Fourth Amendment, not by the analogous Washington provision. Moreover, Article 1, Section 7, like the …


Webster V. Doe, Lewis F. Powell, Jr. Oct 1987

Webster V. Doe, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Case Digest, Journal Staff Jan 1980

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Definition of Seaman under the Jones Act Need Not be Restricted to Person Assigned to Only One Vessel

Fourth Amendment Does Not Bar Warrantless Fishing Vessel Searches Authorized by the Fishery Conservation and Management Act of 1976 to Protect Fisheries in the Conservation Zone

Properly Extradited Fugitive Not Entitled to Judicial Hearing Challenging Enlargement of Original Warrant of Surrender

Visa Numbers Wrongfully Charged Against Western Hemisphere Quotas are Reissued According to an Historical Approach Rather than Chronological Order

Payment of Irrevocable Letter of Credit May Not be Enjoined on Grounds of Instability of Foreign Governments

Expropriation of a Contractual Right …


Note: Osha Inspections And The Fourth Amendment: Balancing Private Rights And Public Need, Glenn J. Fuerth Jan 1977

Note: Osha Inspections And The Fourth Amendment: Balancing Private Rights And Public Need, Glenn J. Fuerth

Fordham Urban Law Journal

The Occupational Safety and Health Act of 1970 (OSHA) is the result of the Federal government's concern about safe working conditions. The purpose of OSHA is to assure safe and healthful working conditions and to preserve our human resources. To effectuate its goal of promoting industrial safety, OSHA authorizes the Secretary of Labor to establish mandatory occupational safety and health standards applicable to businesses affecting interstate commerce. It also authorizes the Secretary to enter and inspect any work place during regular working hours and at other reasonable times to ensure compliance with the health and safety standards. The inspection provision …