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Articles 1 - 11 of 11

Full-Text Articles in Law

The Balance Between Fighting Street Gangs And Adhering To The Constitution In Southern California, D. Cameron Beck, Jr. Apr 1995

The Balance Between Fighting Street Gangs And Adhering To The Constitution In Southern California, D. Cameron Beck, Jr.

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Reply, William J. Stuntz Mar 1995

Reply, William J. Stuntz

Michigan Law Review

A Reply to Louis Michael Seidman's Response


Privacy's Problem And The Law Of Criminal Procedure, William J. Stuntz Mar 1995

Privacy's Problem And The Law Of Criminal Procedure, William J. Stuntz

Michigan Law Review

Part I of this article addresses the connection between privacy-based limits on police authority and substantive limits on government power as a general matter. Part II briefly addresses the effects of that connection on Fourth and Fifth Amendment law, both past and present. Part ID suggests that privacy protection has a deeper problem: it tends to obscure more serious harms that attend police misconduct, harms that flow not from information disclosure but from the police use of force. The upshot is that criminal procedure would be better off with less attention to privacy, at least as privacy is defined in …


Response: The Problems With Privacy's Problem, Louis Michael Seidman Mar 1995

Response: The Problems With Privacy's Problem, Louis Michael Seidman

Michigan Law Review

A Response to William J. Stuntz's "Privacy's Problem and the Law of Criminal Procedure"


The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil Jan 1995

The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil

LLM Theses and Essays

Under the American approach to criminal justice, freedom of the individual is of the utmost importance. The American criminal justice system reflects a distrust of abuse of power and an emphasis on protection of personal freedom. However, the French take a contrary approach; under French law, freedom is achieved through the State. This paper examines the protection of individuals’ rights in American and French criminal procedure. Focus will be given to tracking the police investigatory powers in each country through searches and seizures, and the impact that those powers have on individuals’ rights. This paper will assert that the police …


Search & Seizure Jan 1995

Search & Seizure

Touro Law Review

No abstract provided.


Search & Seizure Jan 1995

Search & Seizure

Touro Law Review

No abstract provided.


Calmer Seas: The Supreme Court's Major Criminal Law Rulings Of The 1993-94 Term, William E. Hellerstein Jan 1995

Calmer Seas: The Supreme Court's Major Criminal Law Rulings Of The 1993-94 Term, William E. Hellerstein

Touro Law Review

No abstract provided.


Search & Seizure Jan 1995

Search & Seizure

Touro Law Review

No abstract provided.


Confusion In The Courts: What To Do With Hiv-Positive And Aids-Infected Public Employees , Erika J. Crandall Jan 1995

Confusion In The Courts: What To Do With Hiv-Positive And Aids-Infected Public Employees , Erika J. Crandall

Journal of Law and Health

This paper is divided into five sections. Part one deals with background information on AIDS. Part two discusses current federal legislation. Part three examines how AIDS falls under federal legislation and case law, including the resulting impact of hiring AIDS-infected individuals. Part four evaluates possible violations of the Fourth Amendment resulting from the federal legislation and from an employer's mandatory testing of employees for the HIV virus. The last section discusses the government's liability when a public employee transmits AIDS to another individual during the course of employment.


Vampires Among Us--Does A Grand Jury Subpoena For Blood Violate The Fourth Amendment?, Floralynn Einesman Dec 1994

Vampires Among Us--Does A Grand Jury Subpoena For Blood Violate The Fourth Amendment?, Floralynn Einesman

Floralynn Einesman

The integrity of an individual's person is a cherished value of our society. That we today hold that the Constitution does not forbid the States minor intrusions into an individual's body under stringently limited conditions in no way indicates that it permits more substantial intrusions, or intrusions under other conditions