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Articles 1 - 14 of 14
Full-Text Articles in Law
Library Guide: National Library Week: April 8-12, 2024, Roger Williams University School Of Law Library
Library Guide: National Library Week: April 8-12, 2024, Roger Williams University School Of Law Library
Law Library Guide
No abstract provided.
Law Library Blog (February 2024): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (February 2024): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Law School News: Rwu Law Professors Win Release For Two Immigrants At Risk For Covid-19 04-24-2020, Roger Williams University School Of Law
Law School News: Rwu Law Professors Win Release For Two Immigrants At Risk For Covid-19 04-24-2020, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Fourth Amendment Constraints On The Technological Monitoring Of Convicted Sex Offenders, Ben A. Mcjunkin, J. J. Prescott
Fourth Amendment Constraints On The Technological Monitoring Of Convicted Sex Offenders, Ben A. Mcjunkin, J. J. Prescott
Articles
More than forty U.S. states currently track at least some of their convicted sex offenders using GPS devices. Many offenders will be monitored for life. The burdens and expense of living indefinitely under constant technological monitoring have been well documented, but most commentators have assumed that these burdens were of no constitutional moment because states have characterized such surveillance as ‘‘civil’’ in character—and courts have seemed to agree. In 2015, however, the Supreme Court decided in Grady v. North Carolina that attaching a GPS monitoring device to a person was a Fourth Amendment search, notwithstanding the ostensibly civil character of …
Cybersecurity And The New Era Of Space Activities, David P. Fidler
Cybersecurity And The New Era Of Space Activities, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
Mass Monitoring, Avlana Eisenberg
Mass Monitoring, Avlana Eisenberg
Scholarly Publications
Business is booming for criminal justice monitoring technology: these days “ankle bracelet” refers as often to an electronic monitor as to jewelry. Indeed, the explosive growth of electronic monitoring (“EM”) for criminal justice purposes—a phenomenon which this Article terms “mass monitoring”—is among the most overlooked features of the otherwise well-known phenomenon of mass incarceration.
This Article addresses the fundamental question of whether EM is punishment. It finds that the origins and history of EM as a progressive alternative to incarceration—a punitive sanction—support characterization of EM as punitive, and that EM comports with the goals of dominant punishment theories. Yet new …
The Fourth Amendment In A Digital World, Laura K. Donohue
The Fourth Amendment In A Digital World, Laura K. Donohue
Georgetown Law Faculty Publications and Other Works
Fourth Amendment doctrines created in the 1970s and 1980s no longer reflect how the world works. The formal legal distinctions on which they rely—(a) private versus public space, (b) personal information versus third party data, (c) content versus non-content, and (d) domestic versus international—are failing to protect the privacy interests at stake. Simultaneously, reduced resource constraints are accelerating the loss of rights. The doctrine has yet to catch up with the world in which we live. A necessary first step for the Court is to reconsider the theoretical underpinning of the Fourth Amendment, to allow for the evolution of a …
Warrantless Access To Cell Site Location Information Takes A Hit In The Fourth Circuit: The Implications Of United States V. Graham For Law Enforcement, Wesley Cheng
Center for the Advancement of Public Integrity (Inactive)
On August 5, 2015 the Fourth Circuit created a major ripple in Fourth Amendment law by ruling that warrantless access to cell site location information (CSLI) over a lengthy period amounted to an unconstitutional search in United States v. Graham. While the Fourth Court ultimately upheld the defendants’ convictions by applying the Fourth Amendment’s “Good Faith” exception, the ruling created a clear split from the Fifth and Eleventh Circuits, making consideration of the issue by the Supreme Court much more likely.
This article focuses on the facts and the Fourth Amendment arguments of the majority, concurring and dissenting opinions …
Systematic Ict Surveillance By Employers: Are Your Personal Activities Private?, Arlene J. Nicholas
Systematic Ict Surveillance By Employers: Are Your Personal Activities Private?, Arlene J. Nicholas
Faculty and Staff - Articles & Papers
This paper reviews the various methods of information and communications technology (ICT) that is used by employers to peer into the work lives and, in some cases, private lives of employees. Some of the most common methods – such as computer and Internet monitoring, video surveillance, and global positioning systems (GPS) – have resulted in employee disciplines that have been challenged in courts. This paper provides background information on United States (U.S.) laws and court cases which, in this age of easily accessible information, mostly support the employer. Assessments regarding regulations and policies, which will need to be continually updated …
Slides: Thoughts On Regulatory Mechanisms For Natural Resource Development: Alternatives To Command And Control, Including A Look At Open Source Approaches, Stanley Dempsey
Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)
Presenter: Stanley Dempsey, Chairman, Royal Gold
17 slides
From Bricks And Mortar To Mega-Bytes And Mega-Pixels: The Changing Landscape Of The Impact Of Technology And Innovation On Urban Development, Patricia E. Salkin
From Bricks And Mortar To Mega-Bytes And Mega-Pixels: The Changing Landscape Of The Impact Of Technology And Innovation On Urban Development, Patricia E. Salkin
Scholarly Works
This article reflects upon the impact that technology and innovation has had on urban development. From NASA's Landstat program, to Google maps and GPS, technology has had a significant impact on urban planning and land use law. The article begins with a discussion of the impact of the elevator and steel technologies on urban architecture and density, and then moves to changes in transportation such as the automobile and the development of public transportation systems. Green buildings, GIS, satellite data, online mapping, personal computers, the Internet and cell phones are all examined.
Slides: America's Redrock Wilderness, Scott Groene
Slides: America's Redrock Wilderness, Scott Groene
The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)
Presenter: Scott Groene, Executive Director, Southern Utah Wilderness Alliance (Moab, UT)
23 slides
Privacy Revisited: Gps Tracking As Search And Seizure, Bennett L. Gershman
Privacy Revisited: Gps Tracking As Search And Seizure, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Part I of this Article discusses the facts in People v. Weaver, the majority and dissenting opinions in the Appellate Division, Third Department, and the majority and dissenting opinions in the Court of Appeals. Part II addresses the question that has yet to be decided by the U.S. Supreme Court – whether GPS tracking of a vehicle by law enforcement constitutes a search under the Fourth Amendment. Part III addresses the separate question that the Court of Appeals did not address - whether the surreptitious attachment of a GPS device to a vehicle constitutes a seizure under the Fourth Amendment. …
No Direction Home: Will The Law Keep Pace With Human Tracking Technology To Protect Individual Privacy And Stop Geoslavery, William A. Herbert
No Direction Home: Will The Law Keep Pace With Human Tracking Technology To Protect Individual Privacy And Stop Geoslavery, William A. Herbert
Publications and Research
Increasingly, public and private employers are utilizing human tracking devices to monitor employee movement and conduct. Due to the propensity of American labor law to give greater weight toemployer property interests over most employee privacy expectations, there are currently few limitations on the use of human tracking in employment. The scope and nature of current legal principles regarding individual privacy are not sufficient to respond to the rapid development and use of human tracking technology. The academic use of the phrase “geoslavery” to describe the abusive use of such technology underscores its power. This article examines the use of such …