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Full-Text Articles in Law

Schrems And The Faa’S “Foreign Affairs” Prong: The Costs Of Reform, Peter Margulies Oct 2015

Schrems And The Faa’S “Foreign Affairs” Prong: The Costs Of Reform, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Fisa Court And Article Iii, Stephen I. Vladeck Jun 2015

The Fisa Court And Article Iii, Stephen I. Vladeck

Washington and Lee Law Review

No abstract provided.


Defining "Foreign Affairs" In Section 702 Of The Fisa Amendments Act: The Virtues And Deficits Of Post-Snowden Dialogue On U.S. Surveillance Policy, Peter Margulies Jun 2015

Defining "Foreign Affairs" In Section 702 Of The Fisa Amendments Act: The Virtues And Deficits Of Post-Snowden Dialogue On U.S. Surveillance Policy, Peter Margulies

Washington and Lee Law Review

No abstract provided.


Clapper V. Amnesty International Usa: Balancing National Security And Individuals' Privacy, Kristen Choi May 2015

Clapper V. Amnesty International Usa: Balancing National Security And Individuals' Privacy, Kristen Choi

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Corporate Avatars And The Erosion Of The Populist Fourth Amendment, Avidan Cover Jan 2015

Corporate Avatars And The Erosion Of The Populist Fourth Amendment, Avidan Cover

Faculty Publications

The current state of Fourth Amendment jurisprudence leaves it to technology corporations to challenge court orders, subpoenas, and requests by the government for individual users’ information. The third-party doctrine denies people a reasonable expectation of privacy in data they transmit through telecommunications and Internet service providers. Third-party corporations become, by default, the people’s corporate avatars. Corporate avatars, however, do a poor job of representing individuals’ interests. Moreover, vesting the Fourth Amendment’s government-oversight functions in corporations fails to cohere with the Bill of Rights’ populist history and the Framers’ distrust of corporations.

This article examines how the third-party doctrine proves unsupportable …