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Full-Text Articles in Law

Escaping Circularity: The Fourth Amendment And Property Law, João Marinotti Jan 2022

Escaping Circularity: The Fourth Amendment And Property Law, João Marinotti

Articles by Maurer Faculty

The Supreme Court’s “reasonable expectation of privacy” test under the Fourth Amendment has often been criticized as circular, and hence subjective and unpredictable. The Court is presumed to base its decisions on society’s expectations of privacy, while society’s expectations of privacy are themselves presumed to be based on the Court’s judgements. As a solution to this problem, property law has been repeatedly propounded as an allegedly independent, autonomous area of law from which the Supreme Court can glean reasonable expectations of privacy without falling back into tautological reasoning.

Such an approach presupposes that property law is not itself circular. If …


Girls, Assaulted, India Thusi Jan 2022

Girls, Assaulted, India Thusi

Articles by Maurer Faculty

Girls who are incarcerated share a common trait: They have often experienced multiple forms of sexual assault, at the hands of those close to them and at the hands of the state. The #MeToo movement has exposed how powerful people and institutions have facilitated pervasive sexual violence. However, there has been little attention paid to the ways that incarceration perpetuates sexual exploitation. This Article focuses on incarcerated girls and argues that the state routinely sexually assaults girls by mandating invasive, nonconsensual searches. Unwanted touching and display of private parts are common features of life before and after incarceration—from the sexual …


Widening The Aperture On Fourth Amendment Interests: A Comment On Orin Kerr's The Fourth Amendment And The Global Internet, David G. Delaney Jan 2015

Widening The Aperture On Fourth Amendment Interests: A Comment On Orin Kerr's The Fourth Amendment And The Global Internet, David G. Delaney

Articles by Maurer Faculty

Physical-world law may not be suitable for cyberspace. For example, the Supreme Court's "sufficient connection" test in U.S. v. Verdugo-Urquidez (1990) is inconsistent with the century-long trend for courts to find greater constitutional protections for those subject to U.S. jurisdiction outside the United States. Courts must maintain flexibility to conceive of a Fourth Amendment that does not depend exclusively on territory to fulfill its twin aims of ordering government and enabling redress of liberty infringements. Federal and state courts and legislatures addressing searches, seizures, and surveillance in cyberspace should seek simple rules that can easily adapt as cyberspace and government …


Rehnquist's Fourth Amendment: Be Reasonable, Craig M. Bradley Jan 2013

Rehnquist's Fourth Amendment: Be Reasonable, Craig M. Bradley

Articles by Maurer Faculty

"The Fourth Amendment: Be Reasonable," is a chapter in a book, The Rehnquist Legacy, published by Cambridge University Press in 2006. The book is a comprehensive legal biography of the Chief Justice in which leading scholars examine his legacy in diverse areas of constitutional law, including criminal procedure. This chapter examines Rehnquist's voluminous Fourth Amendment jurisprudence. While Rehnquist has not authored any single path-breaking case in this area, the chapter shows his success, across the board, in achieving his stated goal of calling a halt to the pro-defendant rulings of the Warren Court in the criminal procedure area. However, Rehnquist …


Is The Exclusionary Rule Dead?, Craig M. Bradley Jan 2012

Is The Exclusionary Rule Dead?, Craig M. Bradley

Articles by Maurer Faculty

In three recent decisions, Hudson v. Michigan, Herring v. United States, and last Term's Davis v. United States, the Supreme Court has indicated a desire to severely restrict the Fourth Amendment exclusionary rule. A majority of the Justices wants to limit its application to cases where the police have violated the Fourth Amendment purposely, knowingly, or recklessly, but not where they have engaged in "simple, isolated negligence" or where negligence is "attenuated" from the discovery of the evidence. They have further suggested that evidence should not be excluded where the police have behaved as reasonable policemen, using the approach from …


Reconceiving The Fourth Amendment And The Exclusionary Rule, Craig M. Bradley Jan 2010

Reconceiving The Fourth Amendment And The Exclusionary Rule, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.


Warrantless Location Tracking, Ian Samuel Jan 2008

Warrantless Location Tracking, Ian Samuel

Articles by Maurer Faculty

The ubiquity of cell phones has transformed police investigations. Tracking a suspect's movements by following her phone is now a common but largely unnoticed surveillance technique. It is useful, no doubt, precisely because it is so revealing; it also raises significant privacy concerns. In this Note, I consider what the procedural requirements for cell phone tracking should be by examining the relevant statutory and constitutional law. Ultimately, the best standard is probable cause; only an ordinary warrant can satisfy the text of the statutes and the mandates of the Constitution.


Government Data Mining: The Need For A Legal Framework, Fred H. Cate Jan 2008

Government Data Mining: The Need For A Legal Framework, Fred H. Cate

Articles by Maurer Faculty

The article examines the government's growing appetite for collecting personal data. Often justified on the basis of protecting national security, government data mining programs sweep up data collected through hundreds of regulatory and administrative programs, and combine them with huge datasets obtained from industry. The result is an aggregation of personal data - the "digital footprints" of individual lives - never before seen. These data warehouses are then used to determine who can work and participate in Social Security programs, who can board airplanes and enter government buildings, and who is likely to pose a threat in the future, even …


The Middle Class Fourth Amendment, Craig M. Bradley Jan 2003

The Middle Class Fourth Amendment, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.


The Court's "Two Model" Approach To The Fourth Amendment: Carpe Diem!, Craig M. Bradley Jan 1994

The Court's "Two Model" Approach To The Fourth Amendment: Carpe Diem!, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.


Are State Courts Enforcing The Fourth Amendment? A Preliminary Study, Craig M. Bradley Jan 1988

Are State Courts Enforcing The Fourth Amendment? A Preliminary Study, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.


Two Models Of The Fourth Amendment, Craig M. Bradley Jan 1985

Two Models Of The Fourth Amendment, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.


Constitutional Protection For Private Papers, Craig M. Bradley Jan 1981

Constitutional Protection For Private Papers, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.


Criminal Law Notes: Fourth Amendment Developments And Their Impact Upon The Criminal Process In Indiana, F. Thomas Schornhorst Jan 1974

Criminal Law Notes: Fourth Amendment Developments And Their Impact Upon The Criminal Process In Indiana, F. Thomas Schornhorst

Articles by Maurer Faculty

No abstract provided.


Criminal Law Notes: The Preliminary Hearing As A Constitutional Requirement, F. Thomas Schornhorst Jan 1974

Criminal Law Notes: The Preliminary Hearing As A Constitutional Requirement, F. Thomas Schornhorst

Articles by Maurer Faculty

No abstract provided.


Book Review. The History And Development Of The Fourth Amendment To The Constitution Of The United States By Nelson B. Lasson, Framl Horack Jr. Jan 1937

Book Review. The History And Development Of The Fourth Amendment To The Constitution Of The United States By Nelson B. Lasson, Framl Horack Jr.

Articles by Maurer Faculty

No abstract provided.