Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 13 of 13
Full-Text Articles in Law
Police As Community Caretakers: Caniglia V. Strom, Christopher Slobogin
Police As Community Caretakers: Caniglia V. Strom, Christopher Slobogin
Vanderbilt Law School Faculty Publications
What is the proper role of the police? That question has been at the forefront of debates about policing for quite some time, but especially in the past year. One answer, spurred by countless news stories about black people killed by law enforcement officers, is that the power of the police should be reduced to the bare minimum, with some in the Defund the Police movement calling for outright abolition of local police departments. Toward the other end of the spectrum is the notion that the role of the police in modern society is and must be capacious. Police should …
A World Of Difference? Law Enforcement, Genetic Data, And The Fourth Amendment, Christopher Slobogin, J. W. Hazel
A World Of Difference? Law Enforcement, Genetic Data, And The Fourth Amendment, Christopher Slobogin, J. W. Hazel
Vanderbilt Law School Faculty Publications
Law enforcement agencies are increasingly turning to genetic databases as a way of solving crime, either through requesting the DNA profile of an identified suspect from a database or, more commonly, by matching crime scene DNA with DNA profiles in a database in an attempt to identify a suspect or a family member of a suspect. Neither of these efforts implicates the Fourth Amendment, because the Supreme Court has held that a Fourth Amendment "search" does not occur unless police infringe "expectations of privacy society is prepared to recognize as reasonable" and has construed that phrase narrowly, without reference to …
Policing, Databases, And Surveilance: Five Regulatory Categories, Christopher Slobogin
Policing, Databases, And Surveilance: Five Regulatory Categories, Christopher Slobogin
Vanderbilt Law School Faculty Publications
Databases are full of personal information that law enforcement might find useful. Government access to these databases can be divided into five categories: suspect-driven; profile-driven; event-driven; program-driven and volunteer-driven. This chapter recommends that, in addition to any restrictions imposed by the Fourth Amendment (which currently are minimal), each type of access should be subject to its own regulatory regime. Suspect-driven access should depend on justification proportionate to the intrusion. Profile-driven access should likewise abide by a proportionality principle but should also be subject to transparency, vetting, and universality restrictions. Event-driven access should be cabined by the time and place of …
Is It Time For A Universal Genetic Forensic Database?, J. W. Hazel, Ellen Wright Clayton, B. A. Malin, Christopher Slobogin
Is It Time For A Universal Genetic Forensic Database?, J. W. Hazel, Ellen Wright Clayton, B. A. Malin, Christopher Slobogin
Vanderbilt Law School Faculty Publications
The ethical objections to mandating forensic profiling of newborns and/or compelling every citizen or visitor to submit to a buccal swab or to spit in a cup when they have done nothing wrong are not trivial. But newborns are already subject to compulsory medical screening, and people coming from foreign countries to the United States already submit to fingerprinting. It is also worth noting that concerns about coercion or invasions of privacy did not give pause to legislatures (or, for that matter, even the European Court) when authorizing compelled DNA sampling from arrestees, who should not forfeit genetic privacy interests …
Rehnquist And Panvasive Searches, Christopher Slobogin
Rehnquist And Panvasive Searches, Christopher Slobogin
Vanderbilt Law School Faculty Publications
In the history of the Supreme Court, William Rehnquist may have been the least friendly justice toward the view that the Fourth Amendment should be read expansively. Even he, however, might have interpreted the amendment to place more restrictions on modern law enforcement techniques than current caselaw does. Relying on a 1974 article authored by Rehnquist, this essay, written for a symposium on Rehnquist and the Fourth Amendment, describes his views on the types of requirements the Fourth Amendment imposes on the police, how decriminalization can protect privacy, and most importantly, why Rehnquist might have been willing to regulate surveillance …
Government Data Mining And The Fourth Amendment, Christopher Slobogin
Government Data Mining And The Fourth Amendment, Christopher Slobogin
Vanderbilt Law School Faculty Publications
The government's ability to obtain and analyze recorded information about its citizens through the process known as data mining has expanded enormously over the past decade. Although the best-known government data mining operation (Total Information Awareness, more recently dubbed Terrorism Information Awareness) supposedly no longer exists, large-scale data mining by federal agencies devoted to enforcing criminal and counter-terrorism laws has continued unabated. This paper addresses three puzzles about data mining. First, when data mining is undertaken by the government, does it implicate the Fourth Amendment? Second, does the analysis change when data mining is undertaken by private entities which then …
The Liberal Assault On The Fourth Amendment, Christopher Slobogin
The Liberal Assault On The Fourth Amendment, Christopher Slobogin
Vanderbilt Law School Faculty Publications
As construed by the Supreme Court, the Fourth Amendment's reasonableness requirement regulates overt, non-regulatory government searches of homes, cars, and personal effects-and virtually nothing else. This essay is primarily about how we got to this point. It is fashionable to place much of the blame for today's law on the Warren Court's adoption of the malleable expectation of privacy concept as the core value protected by the Fourth Amendment. But this diagnosis fails to explain why even the more liberal justices have often gone along with many of the privacy-diminishing holdings of the Court. This essay argues that three other …
Subpoenas And Privacy, Christopher Slobogin
Subpoenas And Privacy, Christopher Slobogin
Vanderbilt Law School Faculty Publications
This symposium article, the first of two on regulation of government's efforts to obtain paper and digital records of our activities, analyzes the constitutional legitimacy of subpoenas. Whether issued by a grand jury or an administrative agency, subpoenas are extremely easy to enforce, merely requiring the government to demonstrate that the items sought pursuant to the subpoena are "relevant" to a investigation. Yet today subpoenas and pseudo-subpoenas are routinely used not only to obtain business records and the like, but also documents containing significant amounts of personal information about individuals, including medical, financial, and email records. Part I provides an …
Beyond Elegance: A Testable Typology Of Social Norms In Corporate Environmental Compliance, Michael P. Vandenbergh
Beyond Elegance: A Testable Typology Of Social Norms In Corporate Environmental Compliance, Michael P. Vandenbergh
Vanderbilt Law School Faculty Publications
Social norms scholarship faces the challenge of becoming a mature discipline. Norms theorists have proposed several elegant, widely applicable theories of the origin, evolution and function of norms. For the most part, these theories have suggested that social norms can be viewed as a refinement to the behavioral assumptions of rational choice theory. Although this approach at least implicitly suggests that accounting for norms will improve the predictive capacity of rational choice models, the work must overcome substantial hurdles if it is to do so. The wide range of norms and mechanisms of norm influence on behavior complicate the 'formal …
Deceit, Pretext, And Trickery: Investigative Lies By The Police, Christopher Slobogin
Deceit, Pretext, And Trickery: Investigative Lies By The Police, Christopher Slobogin
Vanderbilt Law School Faculty Publications
This Article has been a preliminary effort at identifying those limitations in connection with one specific type of lie-investigative lies, or lies told to people in an effort to gather evidence against them. The extrapolation of Bok's analysis developed in this Article suggests that once an individual has been identified as a suspect through the public proxy of a judge, noncoercive deception in the investigative setting is often permissible. On the other hand, in the absence of such an identification, or when deception leads the dupe to believe he has no choice but to provide the soughtafter evidence, investigative lying …
Testilying: Police Perjury And What To Do About It, Christopher Slobogin
Testilying: Police Perjury And What To Do About It, Christopher Slobogin
Vanderbilt Law School Faculty Publications
Police, like people generally, lie in all sorts of contexts for all sorts of reasons. This article has focused on police lying designed to convict individuals the police think are guilty. Strong measures are needed to reduce the powerful incentives to practice such testilying and the reluctance of prosecutors and judges to do anything about it. Among them might be the adoption of rewards for truth telling, the redefinition of probable cause, and the elimination of the exclusionary rule and its insidious effect on the resolve of legal actors to implement the commands of the Constitution. Ultimately, however, the various …
The Structure And Enforcement Of Job Safety Regulation, W. Kip Viscusi
The Structure And Enforcement Of Job Safety Regulation, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
For more than a decade, the Occupational Safety and Health Administration (OSHA) has been regulating the technology and work practices of employers. This governmental function is relatively new and is quite different from the usual governmental involvement in labor market policies. Some government efforts, such as job training and unemployment compensation, involve no direct impact on workplace operations, except that which may be induced indirectly through the incentives these policies generate. Even the minimum wage law does not directly lead to any governmental intrusion into the nature of the work relationship. In contrast, OSHA regulations specify what safety guards must …
The Risks And Rewards Of Criminal Activity: A Comprehensive Test Of Criminal Deterrence, W. Kip Viscusi
The Risks And Rewards Of Criminal Activity: A Comprehensive Test Of Criminal Deterrence, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
Whereas previous analyses of criminal deterrence have focused on the effect of criminal enforcement on crime rates, this study analyzes the existence of compensating differentials for criminal pursuits. By analyzing the risk-rewards trade-off, this approach represents a more comprehensive test of the criminal deterrence hypothesis. The sample consisted of black inner-city youths who reported their crime participation, crime income, and self-assessed risks from crime. The risk premiums for the three principal adverse outcomes (arrest, conviction, and prison) constituted between one-half and two-thirds of all crime income on the average, providing strong support for the criminal deterrence hypothesis