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Warshak: A Test Case For The Intersection Of Law Enforcement And Cyber Security, Michael C. Mcnerney
Warshak: A Test Case For The Intersection Of Law Enforcement And Cyber Security, Michael C. Mcnerney
Michael C McNerney
Often times, the lines between criminal investigations and intelligence activities can become blurred. How far can a government agency go in gathering electronic information on an American citizen suspected of a crime? What implications are there for Americans suspected of terrorist activities? The American people want their government to have the tools to keep them safe but they also want to be free from unreasonable searches and seizures. There are many difficult questions but very little settled law on the subject. Although only a small piece of the puzzle, a recent decision by the Sixth Circuit in a case called …
Trust Or Profit: How Military Officers Are Bound By The Constitution, Michael C. Mcnerney
Trust Or Profit: How Military Officers Are Bound By The Constitution, Michael C. Mcnerney
Michael C McNerney
This paper examines the ability of reserve and active duty military officers to serve in certain political offices, such as Congress and the Electoral College. The seminal case on this issue, U.S. v. Lane, dealt with a U.S. senator who served as a reserve military judge. In deciding the case, the Court of Appeals for the Armed Forces only stated that a member of Congress may not also serve as a judge, but did not reach the ultimate issue of concurrent military service. This paper will attempt to show in exactly which political offices military officers may serve. In making …
Trust Or Profit: How Both Active Duty And Reserve Military Officers Are Bound By The Constitution, Michael C. Mcnerney
Trust Or Profit: How Both Active Duty And Reserve Military Officers Are Bound By The Constitution, Michael C. Mcnerney
Michael C McNerney
This Comment examines the constitutional barriers that constrain military officers from holding certain public offices. Included is an examination of the Emoluments Clause, Incompatability Clause, and several seminal cases.