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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 Oct 1981

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 Sep 1981

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 Jul 1981

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 Jul 1981

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 Jan 1981

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 Jan 1981

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 Jan 1981

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 Jan 1981

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 Jan 1981

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 Jan 1981

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 Jan 1981

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.