Law Commons^™

Surveillance, State Secrets, And The Future Of Constitutional Rights, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

The Supreme Court’s 2022 decision in Federal Bureau of Investigation v. Fazaga heralds a worrying trend. Over the past 15 years, as more information about how the government wields its foreign intelligence collection authorities on U.S. soil has become available, it has become clear that the government has repeatedly acted outside its constitutional and statutory limits, and at times, in flagrant disregard for judicial orders. As a result, dozens of cases challenging surveillance have been making their way through the courts. Unlike in prior eras, in certain cases it has become easier for litigants to establish an injury-in-fact in light …

Searching For Accountability Under Fisa: Internal Separation Of Powers And Surveillance Law, Peter Margulies

Law Faculty Scholarship

No abstract provided.

A Career With The Federal Bureau Of Investigation (Fbi), Katherine Ellard

Criminology Student Work

No abstract provided.

Pepperdine University School Of Law Legal Summaries, Analise Nuxoll

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Failed Protectors: The Indian Trust And Killers Of The Flower Moon, Matthew L.M. Fletcher

Michigan Law Review

Review of David Grann's Killers of the Flower Moon: The Osage Murders and the Birth of the FBI.

The Inspector General On The Fbi In Fall 2016: How A Fateful Delay Set The Stage For The Ultimate October Surprise, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Pepperdine University School Of Law Legal Summaries, Armando Lopez

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Of Principle And Prudence: Analyzing The F.B.I.'S Reluctance To Electronically Record Interrogations, Kristian Bryant Rose

Oklahoma Journal of Law and Technology

No abstract provided.

Shedding Light On The "Going Dark" Problem And The Encryption Debate, John Mylan Traylor

University of Michigan Journal of Law Reform

In an effort to protect the enormous volume of sensitive and valuable data that travels across the Internet and is stored on personal devices, private companies have created encryption software to secure data from criminals, hackers, and terrorists who wish to steal it. The greatest benefit of encryption also creates the biggest problem: Encryption software has become so secure that often not even the government can bypass it. The “Going Dark” problem—a scenario in which the government has obtained the legal authority to search a suspected criminal’s encrypted device but lacks the technical ability to do so—is becoming increasingly common. …

Revelations On Fbi Spy Fleet Cloud Surveillance Reform, Lauren Carasik

Media Presence

No abstract provided.

Drones At Home: Domestic Drone Legislation -- A Survey, Analysis And Framework, Colonel Dawn M.K. Zoldi

University of Miami National Security & Armed Conflict Law Review

Can the government employ drones domestically without running roughshod over personal privacy? In an effort to preemptively rein in potential government overreach, most states have proposed legislation that restricts or forbids government drone use. The intent is to prevent drone use for warrantless information and evidence collection. Ironically, many of these proposals will have the opposite affect intended. State-­‐by-­‐state drone legislation may lead to consequences such as the erosion of Fourth Amendment jurisprudential principles, losses of life and property, procedural windfalls to criminals, and deleterious effects on the military.

Lawmakers should take a nuanced approach to government drone use rather …

Grounding Drones: Big Brother’S Tool Box Needs Regulation Not Elimination, Melanie Reid

Richmond Journal of Law & Technology

The Ford Model A was advertised as “the latest and best” in the world in 1903 and sparked global interest to design and create better, faster, and more complex machines than had ever traveled on land. Fast forward to the 21st century and creating machines that can travel around the world’s airspace appears to be the latest fascination. Until relatively recently, only airplanes and helicopters dominated the friendly skies. But now, the public is catching on to the idea that building an aircraft is easier that one might expect. In fact, a pilot is no longer necessary. Drones, also referred …

Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole

Touro Law Review

Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.

February 4, 2008: The Demonization Of Islam, Bruce Ledewitz

Hallowed Secularism

The Demonization of Islam

The Usa Patriot Act: A Policy Of Alienation, Kam C. Wong

Michigan Journal of Race and Law

This Article provides a brief overview of how Muslims were treated after 9/11. It documents how the USAPA and related measures have been used to monitor, investigate, detain, and deport Muslim U.S. citizens in violation of their civil rights. Of particular importance, is how the life circumstances of the Muslims in America have changed for the worse as a result of zealous enforcement and discriminatory application of the USAPA. In so doing, this Article seeks to provide concrete facts and a rich context to ascertain the implications of 9/11 on American society.

Ghosts Of Alabama: The Prosecution Of Bobby Frank Cherry For The Bombing Of The Sixteenth Street Baptist Church, Donald Q. Cochran

Michigan Journal of Race and Law

Perhaps no other crime in American history has shocked the conscience of America like the 1963 bombing of the Sixteenth Street Baptist Church in Birmingham, Alabama. In May of 2002- almost thirty-nine years after the bombing- Bobby Frank Cherry was brought to trial for the murders of Addie, Carole, Cynthia, and Denise. He was the last person to be tried for the bombing. As an Assistant United States Attorney in Birmingham, Alabama it was my privilege to be a part of the prosecution team that brought Cherry to justice. This Article tells the story of that prosecution and explores the …

Trends. The Federal Bureau Of Investigation Reform Act Of 2003 (S.1440): A Polygraph Update, Ibpp Editor

International Bulletin of Political Psychology

This Trends article discusses The Federal Bureau of Investigation Reform Act of 2003 (S.1440), and the continuing popularity of the polygraph with security bureaucracies.

Encryption Regulation In The Wake Of September 11, 2001: Must We Protect National Security At The Expense Of The Economy?, Matthew Parker Voors

Federal Communications Law Journal

This Note argues that although privacy and economic concerns have ruled the encryption debate during the past decade, the move toward increased privacy on the Internet and relaxed encryption regulation, designed to promote electronic commerce, comes at the expense of national security and the protection of Americans' safety. The Article begins with historical information about encryption and an examination of how businesses use encryption to secure their communications and financial transactions on the Internet. This Section also observes that this technology is employed by terrorist organizations to accomplish the same goal: to send private communications. The Author next details the …

Marking Carnivore's Territory: Rethinking Pen Registers On The Internet, Anthony E. Orr

Michigan Telecommunications & Technology Law Review

"Carnivore" entered the online world's collective consciousness in June 2000 when the Federal Bureau of Investigation unveiled the Internet surveillance software program to telecommunications industry specialists. The FBI claims the program allows agents to scan the traffic of an Internet Service Provider (ISP) for messages or commands to or from a criminal suspect and then intercept only those messages, capturing copies of e-mails, web site downloads and other file transfers[...] A central issue in the controversy surrounding Carnivore is whether current law permits the FBI to employ the program in the Internet context. Bureau officials claim statutory authority for deployments …

Fbi Internet Surveillance: The Need For A Natural Rights Application Of The Fourth Amendment To Insure Internet Privacy, Catherine M. Barrett

Richmond Journal of Law & Technology

Last year, the Federal Bureau of Investigation (“FBI”) acknowledged that it used an Internet electronic surveillance system called Carnivore to investigate and prosecute criminal suspects in more than two dozen cases. Carnivore is a software program developed by the FBI that can be installed on the network of an Internet Service Provider (“ISP”), such as America Online, to monitor, intercept and collect e-mail messages and other Internet activity made and received by individuals suspected of criminal activity. To date, the full capability of Carnivore remains a secret—the FBI refuses to disclose the source code (computer language) that would reveal how …

Organizational Demonization: The Fbi As Sinner, Ibpp Editor

International Bulletin of Political Psychology

This article describes several descriptive attributions that might "explain" the Federal Bureau of Investigation (FBI) not providing all available information relevant to criminal cases to parties legally authorized to receive such information.

Putting The Brakes On Carjacking Or Accelerating It? The Anti Car Theft Act Of 1992, F. Georgann Wing

University of Richmond Law Review

"We cannot put up with this kind of animal behavior. These people have no place in decent society, and ... they can go to jail and they can stay in jail and they can rot in jail for crimes like that." Soon after speaking those words, on October 25, 1992, President George Bush signed the Anti Car Theft Act of 1992 in Detroit, Michigan. For the citizens of Detroit, it was a fitting response to the crime that was coined "carjacking" and popularized in the same city-the Motor City-in the heat of the summer of 1991. Earlier federal legislation, the …

Waco Tragedy Product Of Groupthink, Aubrey Immelman

Psychology Faculty Publications

This opinion column employs the eight symptoms of groupthink specified by Irving Janis to evaluate whether the tragic end to the 1993 FBI siege of David Koresh’s Branch Davidian compound near Waco, Texas — which culminated in deaths of 76 civilians — could have been the product of groupthink.

J. Edgar Hoover: The Man And The Secrets, Kurt A. Schmautz

Michigan Law Review

A Review of J. Edgar Hoover: The Man and the Secrets by Curt Gentry

Constitutional Protections In Fbi Investigations, William Sessions

Kentucky Law Journal

No abstract provided.

Threshold Requirements For The Fbi Under Exemption 7 Of The Freedom Of Information Act, Richard A. Kaba

Michigan Law Review

This Note examines Exemption 7 of the FOIA as it relates to FBP0 information and seeks to determine the appropriate rule for the first prong of the Abramson test. Part I of this Note examines Exemption 7 in the 1966, 1974, and 1986 FOIAs, the judicial opinions interpreting this exemption, and the legislative histories of the 1966, 1974, and 1986 FOIAs as they relate to Exemption 7. Part II compares the per se and threshold tests in view of their practical effects and concludes that neither test is clearly superior. Part III proposes adoption of a per se rule with …

Spouse Abuse: Proposal For A New Rule Of Thumb, Cheryl A. Wilkerson

University of Richmond Law Review

Since the mid-1970's, the nation has been giving increased attention to the problem of spouse abuse. This increased attention arose a decade after the nation became acutely aware that child abuse was a problem in this country. Heightened awareness of the fact that violence occurs between family members was accompanied by recognition that available legal remedies were inadequate. The remedies available to the abused spouse in most states other than Virginia include not only prosecution through the criminal justice system but also civil protective orders which may be obtained by victims either as an alternative to or in conjunction with …

Remarks Delivered At The Fordham-Stein Award Ceremony, William H. Webster

Fordham Urban Law Journal

William H. Webster, Director, Federal Bureau of Investigation, delivered remarks upon presentation of the Fordham-Stein Award on October 28, 1982.

Uniform Crime Reports, Peter P. Lejins

Michigan Law Review

The Uniform Crime Reports are-both nationally and internationally- an extremely important statistical series, and an invitation by the Michigan Law Review to comment on this annual compilation is very much appreciated: This writer has felt for some time that the recent frequent statements on the Uniform Crime Reports in the daily press and some professional journals have created a considerable amount of unnecessary confusion. This opportunity to analyze the issues involved is therefore most gratifying.

A Critical View Of The Uniform Crime Reports, Sophia M. Robison

Michigan Law Review

No one would deny that the FBI performs a vital function in investigating, identifying, and tracking down suspects who may endanger the life, liberty, and property of Americans. However, this writer feels that the Uniform Crime Reports published by the FBI should be subjected to a very critical analysis. Of primary concern are the indiscriminate acceptance of the official data by legislators and social science investigators and the doubtful inferences which a frightened public draws from news releases proclaiming that "the U.S. is sitting on a seething volcano of crime."