Law Commons^™

Technology And The Right To Privacy: The Convergence Of Surveillance And Information Privacy Concerns, Thomas B. Kearns

William & Mary Bill of Rights Journal

While the privacy concerns raised by advances in surveillance and information technologies are widely recognized, recent developments have led to a convergence of these technologies in many situations, presenting new challenges to the right to privacy. This Note examines this convergence of surveillance and information technologies and its potential impact on individual privacy interests.

The Note first discusses the right to privacy, personal information, and surveillance technology separately, noting ways that new technologies create privacy concerns. The Note then describes the merging of surveillance and information technologies and the resulting convergence of two formerly distinct privacy issues. Finally, the Note …

Explaining The Controversy Surrounding United States V. Smithfield Foods, Inc., Robert H. Fuhrman, Patrick D. Traylor

William & Mary Environmental Law and Policy Review

No abstract provided.

United States V. Smithfield: A Paradigmatic Example Of Lax Enforcement Of The Clean Water Act By The Commonwealth Of Virginia, Derek A. Yeo, Roy A. Hoagland

William & Mary Environmental Law and Policy Review

No abstract provided.

State Permitting: United States V. Smithfield Foods, Inc. And Federal Overfiling Under The Clean Water Act, Stephen C. Robertson

William & Mary Environmental Law and Policy Review

No abstract provided.

Crimes Against Autonomy: Gerald Dworkin On The Enforcement Of Morality, Lawrence C. Becker

William & Mary Law Review

No abstract provided.

Waiver Of The Right To Appeal Sentencing In Plea Agreements With The Federal Government, David E. Carney

William & Mary Law Review

No abstract provided.

Devlin Was Right: Law And The Enforcement Of Morality, Gerald Dworkin

William & Mary Law Review

No abstract provided.

Reflections On Coercing Privacy, Neal Devins

William & Mary Law Review

No abstract provided.

Expressive Liberty, Moral Pluralism, Political Pluralism: Three Sources Of Liberal Theory, William A. Galston

William & Mary Law Review

No abstract provided.

Wireless Facilities Are A Towering Problem: How Can Local Zoning Boards Make The Call Without Violating Section 704 Of The Telecommunications Act Of 1996?, Kevin M. O'Neill

William & Mary Law Review

No abstract provided.

Shame On You: An Analysis Of Modern Shame Punishment As An Alternative To Incarceration, Aaron S. Book

William & Mary Law Review

No abstract provided.

Access Denied: Incarcerated Juveniles And Their Right Of Access To Courts, Amy E. Webbink

William & Mary Bill of Rights Journal

In the current flux of an increasingly punitive juvenile justice system, one of the system's great injustices receives little attention. Unconstitutional conditions of confinement for juveniles do not receive appropriate legal exposure. Challenges to these conditions are more difficult in light of the Supreme Court's recent restriction of a prisoner's right of access to the courts. This Note will analyze why a different standard of "meaningful access" is necessary to protect juveniles.

The Hatefulness Of Protected Speech: A Comparison Of The American And European Approaches, Sionaidh Douglas-Scott

William & Mary Bill of Rights Journal

In its First Amendment jurisprudence, the United States Supreme Court has construed very broadly the constitutional protection of free speech. Similarly democratic governments in Europe, however, have adopted laws restricting certain types of speech-particularly hate speech-based on the view that the human rights of oppressed groups cannot be protected fully if hate speech is permitted In this provocative Article, Professor Douglas-Scott briefly examines the American approach and contrasts it with the rationale underpinning European, especially German, law. Focusing on hate speech and the denial of the Holocaust voiced largely by neo-Nazi and other right-wing groups, she argues that such speech …

Tench Coxe And The Right To Keep And Bear Arms, 1787-1823, Stephen P. Halbrook, David B. Kopel

William & Mary Bill of Rights Journal

Tench Coxe, a member of the second rank of this nation's Founders and a leading proponent of the Constitution and the Bill of Rights, wrote prolifically about the right to keep and bear arms. In this Article, the authors trace Coxe 's story, from his early writings in support of the Constitution, through his years of public service, to his political writings in opposition to the presidential campaigns of John Adams and John Quincy Adams. The authors note that Coxe described the Second Amendment as guaranteeing an individual right, and believed that an individual right to bear arms was necessary …

The Loss Of Privacy Is Just A Heartbeat Away: An Exploration Of Government Heartbeat Detection Technology And Its Impact On Fourth Amendment Protections, George M. Dery Iii

William & Mary Bill of Rights Journal

The Department of Energy has developed the "Enclosed Space Detection System" (ESDS), a search tool that enables officials to identify persons hidden inside vehicles at certain sensitive sites, such as nuclear facilities. ESDS operates by measuring the movements in vehicles generated by the beating of an occupant's heart. This Article considers the Fourth Amendment privacy implications caused by the advent of a technology so advanced that it can probe all the way to one's heart. Specifically, this Article critically examines the Supreme Court's Fourth Amendment precedent concerning the definition of a "search" and the application of the "special needs" doctrine …

Can Congress Regulate Firearms?: Printz V. United States And The Intersection Of The Commerce Clause, The Tenth Amendment, And The Second Amendment, Kevin T. Streit

William & Mary Bill of Rights Journal

The recent U.S. Supreme Court decision in Printz v. United States restricted congressional legislative authority by striking down the interim provisions of the Brady Handgun Violence Prevention Act. The decision followed United States v. Lopez, in which the Court struck down the Gun-Free School Zones Act. In both cases, the Court restricted the congressional Commerce Power and renewed the strength of the Tenth Amendment in protecting states' rights from federal intrusion.

Because both cases involved statutes regulating firearms, however, they also raised important questions regarding the Second Amendment. Following the Lopez decision, some commentators argued that both the Tenth and …

Tyranny Of The Judiciary: Judicial Dilution Of Consent Under Section 2 Of The Voting Rights Act, James Thomas Tucker

William & Mary Bill of Rights Journal

"Every man takes the arm of the law for his protections as more effectual than his own, and therefore every man has an equal right in the formation of the government and of the laws by which he is to be governed and judged "' When Thomas Paine wrote these words over two hundred years ago, he captured the essence of American democracy. Having a voice in government means more than merely casting a ballot. Instead, the basic right of all qualified citizens to grant or withhold their consent mandates 'fair and effective representation ": a right to elect representatives …

The Brandeis Gambit: The Making Of America's "First Freedom," 1909-1931, Bradley C. Bobertz

William & Mary Law Review

No abstract provided.

Getting From Here To There: The Rebirth Of Constitutional Constraints On The Special Interest State, Lynn A. Baker, Samuel H. Dinkin

William & Mary Law Review

No abstract provided.

Boyle V. United Technologies Corp. And The Government Contractor Defense: An Analysis Based On The Current Circuit Split Regarding The Scope Of The Defense, Sean Watts

William & Mary Law Review

No abstract provided.