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Children And The Idea Of Liberty: A Comment On The Civil Commitment Cases, John H. Garvey
Children And The Idea Of Liberty: A Comment On The Civil Commitment Cases, John H. Garvey
Scholarly Articles
Despite all the talk about the rights of children in the past few years, it has not often been necessary to parse conflicting claims by parents and children, and to give independent constitutional content to the latter. Before 1979, the Supreme Court had reached the merits in only one case presenting that issue. The problem will arise whenever the state lends its aid to the parents in a familial dispute, and in time will doubtless provoke litigation in which outnumbered children claim the benefit of most of the Bill of Rights. Until now, debate has focused on the procedural and …
The Minimization Requirement In Electronic Surveillance: Title Iii, The Fourth Amendment, And The Dread Scott Decision, Clifford S. Fishman
The Minimization Requirement In Electronic Surveillance: Title Iii, The Fourth Amendment, And The Dread Scott Decision, Clifford S. Fishman
Scholarly Articles
This article addresses the problems raised by the Title III minimization requirement with particular emphasis on the Supreme Court's decision in Scott. Section I outlines the provisions of Title III that govern the issuance of eavesdropping warrants and the use of derivative evidence. Section II discusses the minimization provision and the definitional problems it presents. Section III analyzes judicial treatment of the minimization provision in light of Scott, and factors that have been held to affect a monitoring agent's ability to minimize interceptions. Section IV discusses judicial approaches to minimization litigation with respect to the problems of standing, guidelines for …