Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Captive Markets, Leah A. Plunkett
Captive Markets, Leah A. Plunkett
Law Faculty Scholarship
Today, inmates in county jails nationwide are billed for some or all of the costs of their room-and-board behind bars. Statutes authorizing counties to implement these “pay-to-stay” programs are on the books in roughly 70% of states, yet the financial mechanism on which these programs typically rely is not well understood. Although the pay-to-stay obligation bears some resemblance to familiar citizen-state financial transactions — such as fines and penalties, restitution, taxes, and fees — it in fact usually belongs to a distinct model that this Article calls the “government-imposed-loan.” This Article provides an overview of the landscape of pay-to-stay programs …
Genetic Privacy And The Fourth Amendment: Unregulated Surreptitious Dna Harvesting, Albert E. Scherr
Genetic Privacy And The Fourth Amendment: Unregulated Surreptitious Dna Harvesting, Albert E. Scherr
Law Faculty Scholarship
Genetic privacy and police practices have come to the fore in the criminal justice system. Case law and stories in the media document that police are surreptitiously harvesting the DNA of putative suspects. Some sources even indicate that surreptitious data banking may also be in its infancy. Surreptitious harvesting of out-of-body DNA by the police is currently unregulated by the Fourth Amendment. The few courts that have addressed the issue find that the police are free to harvest DNA abandoned by a putative suspect in a public place. Little in the nascent surreptitious harvesting case law suggests that surreptitious data …