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Articles 871 - 900 of 1233
Full-Text Articles in Constitutional Law
Constitutional Standards For Suspicionless Student Drug Testing: A Moving Target, Benjamin Gerald Dusing
Constitutional Standards For Suspicionless Student Drug Testing: A Moving Target, Benjamin Gerald Dusing
Kentucky Law Journal
No abstract provided.
The Bill Of Rights And The Constitution: Facing The Challenge Of The Future, Stephen Wermiel
The Bill Of Rights And The Constitution: Facing The Challenge Of The Future, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Public School Officials' Use Of Physical Force As A Fourth Amendment Seizure: Protecting Students From The Constitutional Chasm Between The Fourth And Fourteenth Amendments, Kathryn R. Urbonya
Public School Officials' Use Of Physical Force As A Fourth Amendment Seizure: Protecting Students From The Constitutional Chasm Between The Fourth And Fourteenth Amendments, Kathryn R. Urbonya
Faculty Publications
No abstract provided.
Transparent Adjudication And Social Science Research In Constitutional Criminal Procedure, Tracey L. Meares, Bernard Harcourt
Transparent Adjudication And Social Science Research In Constitutional Criminal Procedure, Tracey L. Meares, Bernard Harcourt
Faculty Scholarship
The October 1999 Term was a year of consolidation in the law of police investigations in constitutional criminal procedure. In four short and compact opinions – three supported by sizeable majorities and three written by the Chief Justice – the Supreme Court synthesized and consolidated its criminal procedure jurisprudence, and offered clear guidance to law enforcement officers and private citizens alike. Miranda warnings are required by the Fifth Amendment, and the police must continue to "Mirandize" citizens before conducting any custodial interrogations. Reasonable suspicion under the Fourth Amendment calls for a totality-of-the-circumstances test, and a citizen's flight from the police …
Search And Seizure – Police Searches On Public School Campuses In New Mexico – State V. Tywayne H., Michael W. Doyle
Search And Seizure – Police Searches On Public School Campuses In New Mexico – State V. Tywayne H., Michael W. Doyle
Faculty Scholarship
In State v. Tywayne H. the New Mexico Court of Appeals held that the lowered standard of reasonable suspicion that the United States Supreme Court applied to school officials in New Jersey v. T.L.O. would not apply to police officers invited onto a public school campus if the police officers conducted the search solely at their own discretion. Thus, the court held that a police officer will be held to the standard of probable causefor searches on public school campuses. Prior to Tywayne H., New Mexico courts had not addressed the standard to which police would be held when …
Recovering The Original Fourth Amendment, Thomas Y. Davies
Recovering The Original Fourth Amendment, Thomas Y. Davies
Michigan Law Review
Claims regarding the original or intended meaning of constitutional texts are commonplace in constitutional argument and analysis. All such claims are subject to an implicit validity criterion - only historically authentic assertions should matter. The rub is that the original meaning commonly attributed to a constitutional text may not be authentic. The historical Fourth Amendment is a case in point. If American judges, lawyers, or law teachers were asked what the Framers intended when they adopted the Fourth Amendment, they would likely answer that the Framers intended that all searches and seizures conducted by government officers must be reasonable given …
It Is Not Right Under The Constitution To Stop And Frisk Minority People Because They Don't Look Right, L. Darnell Weeden
It Is Not Right Under The Constitution To Stop And Frisk Minority People Because They Don't Look Right, L. Darnell Weeden
University of Arkansas at Little Rock Law Review
No abstract provided.
Fourth Amendment Issues In Section 1983 Litigation, Kathryn R. Urbonya
Fourth Amendment Issues In Section 1983 Litigation, Kathryn R. Urbonya
Faculty Publications
No abstract provided.
Third-Party Consent Under The United States And Utah Constitutions: Should Utah Adopt The Federal Standard?, S. Matthew Cook
Third-Party Consent Under The United States And Utah Constitutions: Should Utah Adopt The Federal Standard?, S. Matthew Cook
BYU Law Review
No abstract provided.
Federal Bribery Statute And The Ethics Of Purchasing Testimony, 33 J. Marshall L. Rev. 209 (1999), Camille Knight
Federal Bribery Statute And The Ethics Of Purchasing Testimony, 33 J. Marshall L. Rev. 209 (1999), Camille Knight
UIC Law Review
No abstract provided.
Consensual Searches, The Fairytale That Became A Nightmare: Fargo Lessons Concerning Police Initiated Encounters, Robert V. Ward Jr.
Consensual Searches, The Fairytale That Became A Nightmare: Fargo Lessons Concerning Police Initiated Encounters, Robert V. Ward Jr.
Touro Law Review
No abstract provided.
Crimes And Errors Impossible To Commit: Defining Away The Fourth Amendment - Wyoming V. Houghton, Rachel Gader-Shafran
Crimes And Errors Impossible To Commit: Defining Away The Fourth Amendment - Wyoming V. Houghton, Rachel Gader-Shafran
Cleveland State Law Review
This Note contends that the Court's decision to adopt the Houghton approach to the automobile warrant exception is problematic for three reasons. First, the Court has erroneously interpreted the historical evidence behind the creation of the Fourth Amendment. Second, the Court, by chipping away at stare decisis, is disrupting the foundations of American jurisprudence and the development of the law. Third, by creating a new lexicon, changing the meanings of the words, the Court is trying to define away the protections afforded by the Fourth Amendment. This Note will briefly summarize the facts of Houghton and review the historical purpose …
Enforcing Family Promises: Reliance, Reciprocity, And Relational Contract, Melanie B. Leslie
Enforcing Family Promises: Reliance, Reciprocity, And Relational Contract, Melanie B. Leslie
Articles
Courts are willing, in commercial contexts, to enforce promises even without consideration when enforcement supports a norm of reciprocity-a norm which recognizes that promises are seldom totally gratuitous, but are often made in furtherance of reciprocal, long-term, trust-based relationships. In this article, Professor Leslie argues that relational contract principles are firmly embedded in wills law. Courts enforce the reciprocity norm in the family context just as they do in commercial contexts; this enforcement is seen, however, not in breach of promise suits, which occur rarely between family members, but rather in will contests. Despite the prevalent ideology of wills law, …
Suspicionless Drug Testing And Chandler V. Miller: Is The Supreme Court Making The Right Decisions, Ross H. Parr
Suspicionless Drug Testing And Chandler V. Miller: Is The Supreme Court Making The Right Decisions, Ross H. Parr
William & Mary Bill of Rights Journal
During the last decade, the United States Supreme Court has rendered four major decisions regarding the validity of suspicionless drug testing policies. Such drug testing policies have become a common way for employers and other interested parties-including the government-both to deter the use of drugs and to determine who is acting under the influence of illegal narcotics. Because government officials often randomly select individuals for drug testing, some of these individuals have charged that a governmental drug testing policy violates the Fourth Amendment. The Supreme Court found this argument unconvincing in three cases decided between 1989 and 1997, but in …
The Qualitative Dimension Of Fourth Amendment "Reasonableness", Sherry F. Colb
The Qualitative Dimension Of Fourth Amendment "Reasonableness", Sherry F. Colb
Cornell Law Faculty Publications
Supreme Court doctrine protects two seemingly distinct kinds of interests under the heading of privacy rights: one "substantive," the other "procedural." The Fourth Amendment guarantee against "unreasonable searches and seizures" has been generally interpreted to protect procedural privacy. Searches are typically defined as governmental inspections of activities and locations in which an individual has a reasonable expectation of privacy from observation. In the typical case, this reasonable expectation of privacy may be breached only where the government has acquired a quantitatively substantial objective basis for believing that the search would uncover evidence of a crime. Substantive privacy rights have not …
"We The People" And Our Enduring Values, Susan Bandes
"We The People" And Our Enduring Values, Susan Bandes
Michigan Law Review
Akhil Amar chides legal scholars for believing that the current system of criminal procedure, both substantive and remedial, is constitutionally compelled. He writes, "Scholars should know better, but too few of those who write in criminal procedure do serious, sustained scholarship in constitutional law generally, or in fields like federal jurisdiction and remedies" (p. 115). Amar believes, as I do, that criminal procedure has been impoverished by its failure to connect to "larger themes of constitutional, remedial and jurisdictional theory" (p. 115). But as one who has done serious, sustained scholarship in all the areas Amar mentions - or so …
Ad Hoc Adjudication: People V. Champion, Another Confusing Element In The Turmoil Following Minnesota V. Dickerson, Audra A. Dial
Ad Hoc Adjudication: People V. Champion, Another Confusing Element In The Turmoil Following Minnesota V. Dickerson, Audra A. Dial
William & Mary Law Review
No abstract provided.
Off Broadway: The Supreme Court's Criminal Law Decisions In The 1996 Term Take Second Stage In An Historic Term, William E. Hellerstein
Off Broadway: The Supreme Court's Criminal Law Decisions In The 1996 Term Take Second Stage In An Historic Term, William E. Hellerstein
Touro Law Review
No abstract provided.
Claims For Damages For Violations Of State Constitutional Rights - Analysis Of The Recent Court Of Appeals Decision In Brown V. New York; The Resolved And Unresolved Issues, Martin A. Schwartz
Claims For Damages For Violations Of State Constitutional Rights - Analysis Of The Recent Court Of Appeals Decision In Brown V. New York; The Resolved And Unresolved Issues, Martin A. Schwartz
Touro Law Review
No abstract provided.
Search And Seizure, Supreme Court, Appellate Division, First Department: People V. Lafontaine
Search And Seizure, Supreme Court, Appellate Division, First Department: People V. Lafontaine
Touro Law Review
No abstract provided.
Search And Seizure, Supreme Court, Appellate Division, First Department: People V. Smith
Search And Seizure, Supreme Court, Appellate Division, First Department: People V. Smith
Touro Law Review
No abstract provided.
Search And Seizure, Supreme Court, Bronx County: People V. Johnson
Search And Seizure, Supreme Court, Bronx County: People V. Johnson
Touro Law Review
No abstract provided.
Search And Seizure, Supreme Court, Queens County: People V. Brewer
Search And Seizure, Supreme Court, Queens County: People V. Brewer
Touro Law Review
No abstract provided.
Passenger Profiling: A Greater Terror Than Terrorism Itself, 32 J. Marshall L. Rev. 167 (1998), Donna Smith
Passenger Profiling: A Greater Terror Than Terrorism Itself, 32 J. Marshall L. Rev. 167 (1998), Donna Smith
UIC Law Review
No abstract provided.
New York Vs. "The Rest Of The Country": State Constitutional Criminal Procedure, Barry Latzer
New York Vs. "The Rest Of The Country": State Constitutional Criminal Procedure, Barry Latzer
Touro Law Review
No abstract provided.
Search And Seizure, Court Of Appeals: People V. Funches
Search And Seizure, Court Of Appeals: People V. Funches
Touro Law Review
No abstract provided.
Search And Seizure, Supreme Court, Appellate Division, Second Department: People V. Hichez
Search And Seizure, Supreme Court, Appellate Division, Second Department: People V. Hichez
Touro Law Review
No abstract provided.
What's In A Word? A Comparative Analysis Of Article I, § 12 Of The New York State Constitution And The Fourth Amendment To The United States Constitution As Interpreted By The New York Court Of Appeals And The United States Supreme Court, Douglas Holden Wigdor
Touro Law Review
No abstract provided.
Search And Seizure, Court Of Appeals: People V. Turriago
Search And Seizure, Court Of Appeals: People V. Turriago
Touro Law Review
No abstract provided.
Search And Seizure, Supreme Court, Appellate Division, Second Department: People V. King
Search And Seizure, Supreme Court, Appellate Division, Second Department: People V. King
Touro Law Review
No abstract provided.