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Full-Text Articles in Law

Cell Phones Are Orwell's Telescreen: The Need For Fourth Amendment Protection In Real-Time Cell Phone Location Information, Matthew Devoy Jones May 2019

Cell Phones Are Orwell's Telescreen: The Need For Fourth Amendment Protection In Real-Time Cell Phone Location Information, Matthew Devoy Jones

Cleveland State Law Review

Courts are divided as to whether law enforcement can collect cell phone location information in real-time without a warrant under the Fourth Amendment. This Article argues that Carpenter v. United States requires a warrant under the Fourth Amendment prior to law enforcement’s collection of real-time cell phone location information. Courts that have required a warrant prior to the government’s collection of real-time cell phone location information have considered the length of surveillance. This should not be a factor. The growing prevalence and usage of cell phones and cell phone technology, the original intent of the Fourth Amendment, and United States …


Clear As Mud: Constitutional Concerns With Clear Affirmative Consent, C. Ashley Saferight May 2019

Clear As Mud: Constitutional Concerns With Clear Affirmative Consent, C. Ashley Saferight

Cleveland State Law Review

Rape and sexual assault laws and policies have shifted significantly in recent years, including the introduction of affirmative consent. Unfortunately, both proponents and critics tend to confuse the issues and falsely equate affirmative consent as a substantive social standard versus a procedural standard for adjudication and punishment. Although affirmative consent generally does not represent a significant change in consent law in the United States, statutes and policies requiring a further requirement that affirmative consent be clear and unambiguous (“clear affirmative consent”) are problematic and raise constitutional concerns. When clear affirmative consent policies are used as an adjudicative standard, they increase …


Rights On Publicity As Remarkably Insignificant, R. George Wright Apr 2019

Rights On Publicity As Remarkably Insignificant, R. George Wright

Cleveland State Law Review

This Article introduces the right of publicity through a brief consideration of high-profile cases involving, respectively, Paris Hilton, human cannonball Hugo Zacchini, and the famous actress Olivia de Havilland. With this background understanding, the Article considers the supposed risks to freedom of speech posed by recognizing rights of publicity in a private party. From there, the Article addresses the nagging concern that the publicity rights cases promote a harmful "celebrification" of culture. Finally, the Article considers whether allowing for meaningful damage recoveries in publicity rights cases appropriately compensates victims in ways promoting the broad public interest.