Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (17)
- Fourth Amendment (14)
- Criminal Law (9)
- Criminal Procedure (8)
- Privacy Law (4)
-
- Civil Rights and Discrimination (3)
- Supreme Court of the United States (3)
- Courts (2)
- Law Enforcement and Corrections (2)
- Computer Law (1)
- Evidence (1)
- Family Law (1)
- First Amendment (1)
- Immigration Law (1)
- International Law (1)
- Judges (1)
- Jurisprudence (1)
- Law and Psychology (1)
- Law and Society (1)
- Legal Remedies (1)
- Military, War, and Peace (1)
- Science and Technology Law (1)
- Torts (1)
- Institution
-
- Selected Works (8)
- American University Washington College of Law (4)
- Vanderbilt University Law School (3)
- Boston University School of Law (2)
- George Washington University Law School (2)
-
- SelectedWorks (2)
- University of Colorado Law School (2)
- University of Maryland Francis King Carey School of Law (2)
- Columbia Law School (1)
- Florida State University College of Law (1)
- Georgetown University Law Center (1)
- Maurer School of Law: Indiana University (1)
- Mitchell Hamline School of Law (1)
- Penn State Law (1)
- Saint Louis University School of Law (1)
- Seattle University School of Law (1)
- St. Mary's University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Arkansas, Fayetteville (1)
- University of Baltimore Law (1)
- University of Florida Levin College of Law (1)
- University of Oklahoma College of Law (1)
- University of Richmond (1)
- University of South Carolina (1)
- Washington and Lee University School of Law (1)
- Publication
-
- Faculty Scholarship (5)
- Articles in Law Reviews & Other Academic Journals (3)
- GW Law Faculty Publications & Other Works (2)
- Geoffrey S. Corn (2)
- Martin A. Schwartz (2)
-
- Vanderbilt Journal of Entertainment & Technology Law (2)
- All Faculty Scholarship (1)
- American University Journal of Gender, Social Policy & the Law (1)
- Brian Gallini (1)
- Faculty Publications (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Hariqbal Basi (1)
- Indiana Law Journal (1)
- Journal Articles (1)
- Justin Dickerson (1)
- Law Faculty Publications (1)
- Oklahoma Law Review (1)
- Publications (1)
- Robert M. Bloom (1)
- Saint Louis University Public Law Review (1)
- Samuel T Bernier (1)
- Scholarly Publications (1)
- School of Law Faculty Publications and Presentations (1)
- Seattle University Law Review (1)
- Student Articles and Papers (1)
- The Scholar: St. Mary's Law Review on Race and Social Justice (1)
- Timothy D Martin (1)
- Touro Law Review (1)
- UF Law Faculty Publications (1)
- University of Colorado Law Review (1)
- Publication Type
Articles 31 - 42 of 42
Full-Text Articles in Law
Full-Body Scanners: Tsa's New "Optional" System For Airport Searches, Stuart A. Hindman
Full-Body Scanners: Tsa's New "Optional" System For Airport Searches, Stuart A. Hindman
Student Articles and Papers
While the world of commercial air transportation has seen major improvements in many technologies over the last decade, nothing has caused a stir quite like the implementation of full-body scanners (FBS) as a one of the first lines of defense in aviation security at U.S. airports. FBS and “enhanced” pat-downs have been the source of much debate and scrutiny among passengers, flight crews, privacy rights groups, and federal authorities in charge of airport screening. The paper begins with a general overview of the law as it pertains to airport searches and privacy rights. In Part II, the technology behind the …
Big Brother Is Watching: The Reality Show You Didn't Audition For, Amy Dillard
Big Brother Is Watching: The Reality Show You Didn't Audition For, Amy Dillard
Oklahoma Law Review
No abstract provided.
Randomization And The Fourth Amendment, Bernard Harcourt, Tracey L. Meares
Randomization And The Fourth Amendment, Bernard Harcourt, Tracey L. Meares
Faculty Scholarship
Randomized checkpoint searches are generally taken to be the exact antithesis of reasonableness under the Fourth Amendment. In the eyes of most jurists checkpoint searches violate the central requirement of valid Fourth Amendment searches – namely, individualized suspicion. We disagree. In this Article, we contend that randomized searches should serve as the very lodestar of a reasonable search. The notion of "individualized" suspicion is misleading; most suspicion in the modem policing context is group based and not individual specific. Randomized searches by definition are accompanied by a certain level of suspicion. The constitutional issue, we maintain, should not turn on …
The Need To Overrule Mapp V. Ohio, William T. Pizzi
The Need To Overrule Mapp V. Ohio, William T. Pizzi
University of Colorado Law Review
This Article argues that it is time to overrule Mapp v. Ohio. It contends that the exclusionary rule is outdated because a tough deterrent sanction is difficult to reconcile with a criminal justice system where victims are increasingly seen to have a stake in criminal cases. The rule is also increasingly outdated in its epistemological assumption which insists officers act on "reasons" that they can articulate and which disparages actions based on "hunches" or "feelings." This assumption runs counter to a large body of neuroscience research suggesting that humans often "feel" or "sense" danger, sometimes even at a subconscious level, …
Crime Mapping And The Fourth Amendment: Redrawing 'High Crime Areas', Andrew Ferguson
Crime Mapping And The Fourth Amendment: Redrawing 'High Crime Areas', Andrew Ferguson
Articles in Law Reviews & Other Academic Journals
This article addresses how “crime mapping” technology has the potential to reshape Fourth Amendment protections in designated “high crime areas.” In the past few years, the ability of police administrators to identify and officially label “high crime areas” has rapidly expanded. Geographic Information Systems (GIS) and crime mapping technology has simplified the collection and analysis of crime statistics. These GIS crime mapping technologies can produce almost perfect information about the level, rate, and geographic location of crimes in any given area.While effective policing tools, these technologies have constitutional consequences that are only now being considered. Under existing Supreme Court precedent, …
Framing The Fourth, Tracey Maclin, Julia Mirabella
Framing The Fourth, Tracey Maclin, Julia Mirabella
UF Law Faculty Publications
Book Review of "The Fourth Amendment: Origins and Original Meaning", 602-1791. By William J. Cuddihy. Oxford and New York: Oxford Press. 2009. Pp. lxviii, 940. $165. History is again an important element of the Supreme Court’s Fourth Amendment analysis. In Wyoming v. Houghton, Justice Scalia’s opinion for the Court announced that a historical inquiry is the starting point for every Fourth Amendment case. William Cuddihy’s book on the origins and original meaning of the Fourth Amendment will undoubtedly assist the Justices (and everyone else) in understanding the history of search and seizure law. Cuddihy’s historical analysis is unprecedented. As Justice …
Arrest Efficiency And The Fourth Amendment, Song Richardson
Arrest Efficiency And The Fourth Amendment, Song Richardson
Articles in Law Reviews & Other Academic Journals
In recent years, legal scholars have utilized the science of implicit social cognition to reveal how unconscious biases affect perceptions, behaviors, and judgments. Employing this science, scholars critique legal doctrine and challenge courts to take accurate theories of human behavior into account or to explain their failure to do so. Largely absent from this important conversation, however, are Fourth Amendment scholars. This void is surprising because the lessons of implicit social cognition can contribute much to understanding police behavior, especially as it relates to arrest efficiency or hit rates - the rates at which police find evidence of criminal activity …
Package Bombs, Footlockers, And Laptops: What The Disappearing Container Doctrine Can Tell Us About The Fourth Amendment, Cynthia Lee
GW Law Faculty Publications & Other Works
In the 1970s, the Court announced in a series of cases that police officers with probable cause to believe contraband or evidence of a crime is within a container must obtain a warrant from a neutral, detached judicial officer before searching that container. In requiring a search warrant, the Container Doctrine put portable containers on an almost equal footing with houses, which enjoy unquestioned Fourth Amendment protection.
This Article demonstrates that the Container Doctrine is fast becoming a historical relic as the Court expands the ways in which law enforcement officers can search containers without first obtaining a warrant issued …
Nothing To Hide: The False Tradeoff Between Privacy And Security (Introduction), Daniel J. Solove
Nothing To Hide: The False Tradeoff Between Privacy And Security (Introduction), Daniel J. Solove
GW Law Faculty Publications & Other Works
"If you've got nothing to hide," many people say, "you shouldn't worry about government surveillance." Others argue that we must sacrifice privacy for security. But as Daniel J. Solove argues in this book, these arguments and many others are flawed. They are based on mistaken views about what it means to protect privacy and the costs and benefits of doing so.
In addition to attacking the "Nothing-to Hide Argument," Solove exposes the fallacies of pro-security arguments that have often been used to justify government surveillance and data mining. These arguments - such as the "Luddite Argument,"the "War-Powers Argument," the "All-or-Nothing …
Notes On Borrowing And Convergence, Robert Tsai, Nelson Tebbe
Notes On Borrowing And Convergence, Robert Tsai, Nelson Tebbe
Articles in Law Reviews & Other Academic Journals
his is a response to Jennifer E. Laurin, "Trawling for Herring: Lessons in Doctrinal Borrowing and Convergence," 111 Colum. L. Rev. 670 (2011), which analyzes the Supreme Court's resort to tort-based concepts to limit the reach of the Fourth Amendment's exclusionary rule. We press three points. First, there are differences between a general and specific critique of constitutional borrowing. Second, the idea of convergence as a distinct phenomenon from borrowing has explanatory potential and should be further explored. Third, to the extent convergence occurs, it matters whether concerns of judicial administration or political reconstruction are driving doctrinal changes.
School Children And Parolees: Not So Special Anymore, Edwin Butterfoss
School Children And Parolees: Not So Special Anymore, Edwin Butterfoss
Faculty Scholarship
The Fourth Amendment special needs exception may be one of the Court’s most puzzling doctrines. Since its origin, the Court has struggled to define its limits and its place in the Court’s suspicionless search and seizure jurisprudence. At times the Court has suggested that the exception is the only route to upholding a search or seizure in the absence of individualized suspicion, while at other times it has stated that it is just one of a limited number of exceptions to the requirement of individualized suspicion. Historically, while the application of the special needs exception has been unpredictable, one thing …
The Fourth Amendment Rights Of Children At Home: When Parental Authority Goes Too Far, Kristin N. Henning
The Fourth Amendment Rights Of Children At Home: When Parental Authority Goes Too Far, Kristin N. Henning
Georgetown Law Faculty Publications and Other Works
Although it is virtually undisputed that children have some Fourth Amendment rights independent of their parents, it is equally clear that youth generally receive less constitutional protection than adults. In a search for continuity and coherence in Fourth Amendment jurisprudence involving minors, Professor Henning identifies three guiding principles—context, parental authority, and the minor’s capacity—that weave together children’s rights cases. She argues that parental authority too often prevails over children’s rights, even when context and demonstrated capacity would support affirmation of those rights. Context involves both the physical setting in which Fourth Amendment protections are sought and the nature of the …