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Articles 1 - 9 of 9

Full-Text Articles in Law

Fourth Amendment And Statutory Limitations On Entry And Inspection Of Commercial Property In Environmental Enforcement, Steven A.G. Davison Oct 1982

Fourth Amendment And Statutory Limitations On Entry And Inspection Of Commercial Property In Environmental Enforcement, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.


Civil Rights—42 U.S.C. Section 1983: Statute Of Limitations—Eighth Circuit Rejects Tort Analogy, Martha Gilpatrick Jul 1982

Civil Rights—42 U.S.C. Section 1983: Statute Of Limitations—Eighth Circuit Rejects Tort Analogy, Martha Gilpatrick

University of Arkansas at Little Rock Law Review

No abstract provided.


Search And Seizure, William R. Wilson Jr. Jul 1982

Search And Seizure, William R. Wilson Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.


Colloquy, Mr. Wiseman, Professor Uviller, Ms. Rosen, Professor Zeisel, Professor Reiss, Mr. Washington, Mr/ Carrington, Ms. Collins, Professor Tonry, Mr. Hishta Apr 1982

Colloquy, Mr. Wiseman, Professor Uviller, Ms. Rosen, Professor Zeisel, Professor Reiss, Mr. Washington, Mr/ Carrington, Ms. Collins, Professor Tonry, Mr. Hishta

Vanderbilt Law Review

At present, our system of criminal law administration has a considerable Rube Goldberg quality to it. Once the system decides to imprison a particular defendant--if we except from the generalization the couple of states that recently changed their laws in fundamental respects--the judge naturally asks himself what will happen when this man goes to prison. The answer is that the convicted offender will sit in prison for as long as the parole board wants him to. The judge must next consider whether any constraints exist on the parole board's decisions on when to release people from prison. In a third …


Warrantless Aerial Surveillance: A Constitutional Analysis, Kurt L. Schmalz Mar 1982

Warrantless Aerial Surveillance: A Constitutional Analysis, Kurt L. Schmalz

Vanderbilt Law Review

This Recent Development endorses the qualified open view approach, but proposes a new list of considerations to be applied when evaluating an aerial surveillance case. This proposed analysis rejects the open fields doctrine. Instead, courts should apply the Katz test to aerial surveillance. The per se open view approach,however, which holds that no reasonable expectation of privacy can exist in any open area visible from the air, is too narrow to ensure protection of the public's privacy rights. A broader view of the open view approach, which will subject government air surveillance to the warrant requirement in certain circumstances, strikes …


Admissibility Of Evidence In Probation/Parole Revocation Proceedings And In Criminal Prosecutions: Applying A Single Standard, Steven Monteforte Jan 1982

Admissibility Of Evidence In Probation/Parole Revocation Proceedings And In Criminal Prosecutions: Applying A Single Standard, Steven Monteforte

Fordham Law Review

No abstract provided.


Robbins, Belton And Ross: Reconsideration Of Bright Line Rules For Warrantless Container Searches, Christopher J. St. John Jan 1982

Robbins, Belton And Ross: Reconsideration Of Bright Line Rules For Warrantless Container Searches, Christopher J. St. John

Cleveland State Law Review

This Note analyzes the development of these warrantless container search and seizure exceptions to furnish a comprehensive review of their justifications. The major focus is on the underlying rationale of Belton and Ross and the possible ramifications of such far-reaching warrant exceptions. The Note recommends that state courts interpret their state constitutions to allow the less drastic alternative of warrantless seizures of certain containers rather than warrantless searches as permitted by Belton and Ross under the federal Constitution. In addition, an analytic methodology for isolating interrelated yet distinct search and seizure questions is proposed. Initially, a general background of fourth …


Reverse Freedom Of Information Act Litigation In A Non-Commercial Setting: The Case Of Professor Doe, Lawrence A. Silver Jan 1982

Reverse Freedom Of Information Act Litigation In A Non-Commercial Setting: The Case Of Professor Doe, Lawrence A. Silver

Cleveland State Law Review

So complex are the questions of what the right of privacy is, and when and how it can be invoked, that special precautions must be taken to prevent an article dealing with it from drifting off into the fascinating but misty realms of metaphysical speculation. This Article will deal with an important issue raised but not answered by the Federal Freedom of Information and Privacy Acts: the rights of a private party who seeks to prevent the federal government from releasing information concerning him.


Search And Seizure—Administrative Law—Warrantless Inspection Provision Of The Federal Mine Safety And Health Act Of 1977 Held Constitutional, Bruce D. Maloch Jan 1982

Search And Seizure—Administrative Law—Warrantless Inspection Provision Of The Federal Mine Safety And Health Act Of 1977 Held Constitutional, Bruce D. Maloch

University of Arkansas at Little Rock Law Review

No abstract provided.