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Duke Law

Law and Contemporary Problems

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Full-Text Articles in Law

What Is Probable Cause, And Why Should We Care?: The Costs, Benefits, And Meaning Of Individualized Suspicion, Andrew E. Taslitz Jul 2010

What Is Probable Cause, And Why Should We Care?: The Costs, Benefits, And Meaning Of Individualized Suspicion, Andrew E. Taslitz

Law and Contemporary Problems

Taslitz defines probable cause as having four components: one quantitative, one qualitative, one temporal, and one moral. He focuses on the last of these components. "Individualized suspicion," the US Supreme Court has suggested, is perhaps the most important of the four components of probable cause. That is a position with which he heartily agree. The other three components each play only a supporting role. But individualized suspicion is the beating heart that gives probable cause its vitality.


Open Secrets: The Widespread Availability Of Information About The Health And Environmental Effects Of Chemicals, James W. Conrad Jr. Jul 2006

Open Secrets: The Widespread Availability Of Information About The Health And Environmental Effects Of Chemicals, James W. Conrad Jr.

Law and Contemporary Problems

Conrad discusses the point of view of the chemical industry concerning when and how access to health effects information may be affected by financial interests. He argues that no qualitative distinction can be drawn between the financial and other incentives that might affect disclosure by for-profit entities and the incentives that might affect disclosure by other entities that may conduct, sponsor, or opine on scientific research.


The Fourth Amendment In The Twenty-First Century: Technology, Privacy, And Human Emotions, Andrew E. Taslitz Apr 2002

The Fourth Amendment In The Twenty-First Century: Technology, Privacy, And Human Emotions, Andrew E. Taslitz

Law and Contemporary Problems

Police and local political officials in Tampa FL argued that the FaceIt system promotes safety, but privacy advocates objected to the city's recording or utilizing facial images without the victims' consent, some staging protests against the FaceIt system. Privacy objects seem to be far more widely shared than this small protest might suggest.


Rights In Conflict: The First Amendment’S Third Century, Robert M. O'Neil Apr 2002

Rights In Conflict: The First Amendment’S Third Century, Robert M. O'Neil

Law and Contemporary Problems

O'Neil has witnesses the resolution, or at least the clarification, of many free speech and press issues. There are, however, persistent issues that deserve particularly close scrutiny. Three such issues are tensions between free expression and privacy, civility, and equality.


State-Interest Analysis In Fourteenth Amendment Privacy Law: An Essay On The Constitutionalization Of Social Issues, Carl E. Schneider Jan 1988

State-Interest Analysis In Fourteenth Amendment Privacy Law: An Essay On The Constitutionalization Of Social Issues, Carl E. Schneider

Law and Contemporary Problems

No abstract provided.


Liberalism, Public Morality, And Constitutional Law: Prolegomenon To A Theory Of The Constitutional Right To Privacy, David A. J. Richards Jan 1988

Liberalism, Public Morality, And Constitutional Law: Prolegomenon To A Theory Of The Constitutional Right To Privacy, David A. J. Richards

Law and Contemporary Problems

No abstract provided.


Eros, Civilization And The Burger Court, Thomas C. Grey Jul 1980

Eros, Civilization And The Burger Court, Thomas C. Grey

Law and Contemporary Problems

No abstract provided.