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Articles 31 - 40 of 40
Full-Text Articles in Fourth Amendment
In The Absence Of Democracy: The Designation And Material Support Provisions Of The Anti-Terrorism Laws, Jennifer Van Bergen
In The Absence Of Democracy: The Designation And Material Support Provisions Of The Anti-Terrorism Laws, Jennifer Van Bergen
Cardozo Public Law, Policy & Ethics Journal
The article argues that post-9/11 laws, particularly the Antiterrorism and Effective Death Penalty Act (AEDPA) and the USA PATRIOT Act (USAPA), have dangerously expanded governmental power at the expense of civil liberties. These laws, through provisions like material support for terrorism and the designation of Foreign Terrorist Organizations (FTOs), enable prosecutions that often violate due process and First Amendment rights. The article contends that sacrificing civil liberties for national security is both unnecessary and harmful, part of a historical pattern that undermines democracy and the rule of law.
Can Police Track Your Wireless Calls? Call Location Information And Privacy Law, Laurie Thomas Lee
Can Police Track Your Wireless Calls? Call Location Information And Privacy Law, Laurie Thomas Lee
Cardozo Arts & Entertainment Law Journal
No abstract provided.
A Constitutional Crisis In The Digital Age: Why The Fbi's "Carnivore" Does Not Defy The Fourth Amendment, Aaron Y. Strauss
A Constitutional Crisis In The Digital Age: Why The Fbi's "Carnivore" Does Not Defy The Fourth Amendment, Aaron Y. Strauss
Cardozo Arts & Entertainment Law Journal
No abstract provided.
True Threats: Evolving Mens Rea Requirements For Violations Of 18 U.S.C. § 875(C), Justin Myer Lichterman
True Threats: Evolving Mens Rea Requirements For Violations Of 18 U.S.C. § 875(C), Justin Myer Lichterman
Cardozo Law Review
No abstract provided.
Drug Tests, Arrests & Fetuses: A Comment On The U.S. Supreme Court's Narrow Opinion In Ferguson V. City Of Charleston, Brigitte M. Nahas
Drug Tests, Arrests & Fetuses: A Comment On The U.S. Supreme Court's Narrow Opinion In Ferguson V. City Of Charleston, Brigitte M. Nahas
Cardozo Journal of Equal Rights & Social Justice
The article examines the Supreme Court's decision in Ferguson v. City of Charleston, where the Court ruled that a hospital's drug-testing policy for pregnant patients violated the Fourth Amendment. The analysis critiques the Court's narrow opinion for failing to provide clear guidance on future drug-testing policies, while emphasizing the unconstitutionality of using such policies primarily for law enforcement purposes. The author argues that the decision leaves unresolved questions about the balance between government interests and women's privacy and reproductive rights, particularly in the context of prenatal care and drug use.
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, …
Condemned By Substance And Process: A Comment On “Doubly Condemned”: Adjustments To The Crime And Punishment Regime In The Late Slavery Period In The British Caribbean Colonies And “Under The Present Mode Of Trial, Improper Verdicts Are Very Often Given”: Criminal Procedure In The Trials Of Slaves In Antebellum Louisiana, Raymond T. Diamond
Cardozo Law Review
The substance of modem criminal law and the procedures through which that law is enforced are a subject of current debate. On the one hand, some call into question the use of criminal sanctions as a means of enforcing schemes of regulation meant to guarantee public welfare. By the same token, violent crime and crime that is otherwise malum in se has caused increasing levels of fear and concomitant calls for more vigorous enforcement of the criminal law. As a result, the rights that protect the accused from intrusions by a potentially tyrannical state and from arbitrary decision making by …
The Exclusionary Rule: A Disputation, Peter Lushing
The Exclusionary Rule: A Disputation, Peter Lushing
Cardozo Law Review
Four-thirty p.m.: the lawyer's decompression hour. Court has just adjourned. The belligerents and (dare we say it) a judge or two recuperate in saloons close by the courthouse; their families can wait. In one tavern, a rear booth is about to be occupied by Mark earnest young county prosecutor. Mark is on the verge of that time when a criminal lawyer begins to doubt the sanity of the system and, perforce, his own integrity. He will be joined by Sam, a born defense counsel. Sam secretly worships America's criminal justice system for its holy commitment to procedural regularity. He has …
Coast Guard Boardings Of Suspected Drug Smuggling Vessels On The High Seas And The Fourth Amendment: United States V. Streifel, Roger A. Stetter
Coast Guard Boardings Of Suspected Drug Smuggling Vessels On The High Seas And The Fourth Amendment: United States V. Streifel, Roger A. Stetter
Cardozo Law Review
Report and Recommendation to the New York State Bar Association by the Committee on Federal Constitution
Full Faith And Credit, More Or Less, To Judgments: Doubts About Thomas V. Washington Gas Light Co., Stewart E. Sterk
Full Faith And Credit, More Or Less, To Judgments: Doubts About Thomas V. Washington Gas Light Co., Stewart E. Sterk
Articles
Workmen's compensation awards, decrees of administrative tribunals rather than courts, present the question of how far the mandate of the full faith and credit clause should reach and whether the clause should bar a claimant from pursuing supplemental compensation in a second state. Recently, in Thomas v. Washington Gas Light Co., the Supreme Court decided that full faith and credit should not prevent a claimant from obtaining supplemental compensation. Professor Sterk criticizes the Court's analysis, demonstrating the Thomas Court's neglect of the federal interests that the clause should protect. After examining the clause and its policy underpinnings, Professor Sterk …