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Articles 1 - 11 of 11
Full-Text Articles in Law
The Fourth Amendment And The "Legitimate Expectation Of Privacy", Gerald G. Ashdown
The Fourth Amendment And The "Legitimate Expectation Of Privacy", Gerald G. Ashdown
Vanderbilt Law Review
This Article does not endeavor to engage in a debate over the efficacy or deterrent effect of the exclusionary rule.' Nevertheless, it should be noted that these decisions appear questionable. It seems clear that a refusal to apply the rule in cases of particular fourth amendment transgressions will produce no incremental deterrence of unlawful police conduct, and inconsistent application of the rule arguably could diminish whatever deterrent value does exist.Therefore, if deterrence is viewed as the primary--if not only-function of the exclusionary rule, that goal should be promoted through thorough and consistent application of the rule.The Supreme Court, however, has …
The Adoptee's Right To Know: In Re Adoption Of A Female Infant, Zvi Greismann
The Adoptee's Right To Know: In Re Adoption Of A Female Infant, Zvi Greismann
Antioch Law Journal
Among the most difficult questions arising out of an adoption is whether a record should be reopened at the request of an adult adoptee seeking information about his or her biological parents. In most jurisdictions an adoptee seeking this information must obtain a court order.'Adoption proceedings are statutory and, therefore, proceedings to unseal records are governed by state adoption laws. However,existing statutory standards are vague. Ultimately the decision to grant or deny access is a discretionary one lying with the courts.Further, in exercising their discretion, courts are faced with the difficult problem of resolving potentially conflicting interests of the adoptee, …
Telecommunications Regulations As Barriers To The Transborder Flow Of Information, Joseph P. Markoski
Telecommunications Regulations As Barriers To The Transborder Flow Of Information, Joseph P. Markoski
Cornell International Law Journal
No abstract provided.
Europe Responds To The Challenge Of The New Information Technologies: A Teleinformatics Strategy For The 1980’S, Thomas J. Ramsey
Europe Responds To The Challenge Of The New Information Technologies: A Teleinformatics Strategy For The 1980’S, Thomas J. Ramsey
Cornell International Law Journal
No abstract provided.
Criminal Law–Arrest Without A Warrant–A Man's Home Is His Castle, Nancy Marian Epperson
Criminal Law–Arrest Without A Warrant–A Man's Home Is His Castle, Nancy Marian Epperson
University of Arkansas at Little Rock Law Review
No abstract provided.
Fourth Amendment Protection For The Juvenile Offender: State, Parent, And The Best Interests Of The Minor, Kenneth T. Hanley
Fourth Amendment Protection For The Juvenile Offender: State, Parent, And The Best Interests Of The Minor, Kenneth T. Hanley
Fordham Law Review
No abstract provided.
Aerial Surveillance: Overlooking The Fourth Amendment , Susan A. Higgins
Aerial Surveillance: Overlooking The Fourth Amendment , Susan A. Higgins
Fordham Law Review
No abstract provided.
Standing Up For Fourth Amendment Rights: Salvucci, Rawlings, And The Reasonable Expectation Of Privacy (Comment), Elizabeth Brandt
Standing Up For Fourth Amendment Rights: Salvucci, Rawlings, And The Reasonable Expectation Of Privacy (Comment), Elizabeth Brandt
Articles
The initial inquiry a court must make before considering a motion to suppress evidence based on an unreasonable search and seizure is whether the individual has standing under the fourth amendment. This Note examines the historical development of the standing doctrines leading to the reasonable expectation of privacy test adopted by the Supreme Court in Rakas v. Illinois. The Note also identifies the problems created by the Court's far-reaching application of this test. The author concludes that the overall effect of recent decisions may be to limit the number of defendants able to assert fourth amendment claims, since suppression hearing …
The Right To Privacy In Nineteenth Century America, David J. Seipp
The Right To Privacy In Nineteenth Century America, David J. Seipp
Faculty Scholarship
On December 15, 189o, Samuel D. Warren and Louis D. Brandeis, two young Boston law partners, published an article in the Harvard Law Review entitled The Right to Privacy. In that article, they proposed a remedy for invasions of personal privacy by the press. More than ninety years later, protection of privacy has become a major concern of the law. Legal scholars have organized the extensive body of case law into a coherent common law of privacy; the Supreme Court has enshrined the right to privacy in the "penumbra" of the Bill of Rights; and Congress has enacted additional safeguards.
Right Of Publicity: Survivability Reconsidered, Andrew B. Sims
Right Of Publicity: Survivability Reconsidered, Andrew B. Sims
Fordham Law Review
No abstract provided.
Capacity To Contest A Search And Seizure: The Passing Of Old Rules And Some Suggestions For New Ones, Christopher Slobogin
Capacity To Contest A Search And Seizure: The Passing Of Old Rules And Some Suggestions For New Ones, Christopher Slobogin
Vanderbilt Law School Faculty Publications
Professor Slobogin examines recent Supreme Court decisions involving standing to challenge search and seizure violations, and argues that the Court's commitment to a "totality of the circumstances" approach has permitted erosion of fourth amendment protections. After concluding that these decisions provide little guidance to lower courts, Professor Slobogin offers a set of principles which will aid in analyzing the Court's direction.