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Florida State University College of Law

2018

Constitutional law

Articles 1 - 3 of 3

Full-Text Articles in Law

The Race For Privacy: Technological Evolution Outpacing Judicial Interpretations Of The Fourth Amendment: Playpen, The Dark Web, And Governmental Hacking, Wade Williams Jul 2018

The Race For Privacy: Technological Evolution Outpacing Judicial Interpretations Of The Fourth Amendment: Playpen, The Dark Web, And Governmental Hacking, Wade Williams

Florida State University Law Review

Despite complying with the new amendments to Federal Rule of Criminal Procedure 41, the Federal Bureau of Investigation's (FBI) broad authorization to remotely access computers at anytime and anywhere within the United States is at odds with the reasonableness and particularity requirements of the Fourth Amendment. The exponential growth of technology has made life in the twenty-first century something our ancestors would envy, but the idea of allowing the government to perform unknown and undetected searches across the United States, especially in the hidden world of cyberspace, would have our founding fathers turning in their graves. Recognition is owed to …


The Takings Keepings Clause: An Analysis Of Framing Effects From Labelling Constitutional Rights, Donald J. Kochan Jul 2018

The Takings Keepings Clause: An Analysis Of Framing Effects From Labelling Constitutional Rights, Donald J. Kochan

Florida State University Law Review

Did you know that the "Takings Clause" was not called the "Takings Clause" by any court before 1955? That was the first time that any court of any jurisdiction referred to the provisions regarding takings of private property in either the federal or state constitutions under the label "Takings Clause." Did you know that justices of the U.S. Supreme Court did not use the moniker "Takings Clause" in any opinion before 1978? Given this history, the phrase "Takings Clause," whether an apt descriptor or not, certainly cannot be justified as the dominant way to refer to these provisions by contemporaneous …


Prophylactic Redistricting? Congress's Section 5 Power And The New Equal Protection Right To Vote, Michael T. Morley Apr 2018

Prophylactic Redistricting? Congress's Section 5 Power And The New Equal Protection Right To Vote, Michael T. Morley

Scholarly Publications

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