How Privacy Killed Katz: A Tale Of Cognitive Freedom And The Property Of Personhood As Fourth Amendment Norm, 2015 The University of Akron
How Privacy Killed Katz: A Tale Of Cognitive Freedom And The Property Of Personhood As Fourth Amendment Norm, Christian M. Halliburton
Akron Law Review
With each passing day, new technologies push the horizons of official government investigative and surveillance activity deeper and deeper into the mind and consciousness of the surveilled subject. While law enforcement agencies have always relied on observing the behavior and activity of suspicious targets, and there has been little judicial ink spent preserving the confidentiality of such observable activity, the law has been slow to respond to rapid increases in the capacity or scope of official observation that the advance of technologically sophisticated surveillance techniques helped facilitate. The sampling of techniques at the center of this Article allow the operators …
Foreword To The Neuroscience, Law & Government Symposium, 2015 The University of Akron
Foreword To The Neuroscience, Law & Government Symposium, Jane Campbell Moriarty
Akron Law Review
It is with much pleasure that I write the foreword for this Symposium in the Akron Law Review. The authors were each presenters at the Neuroscience, Law & Government Conference, held at The University of Akron School of Law in September, 2008. The articles in this edition of Akron Law Review are as diverse as the presentations themselves, and provide a fascinating glimpse into various ways in which neuroscience is making inroads in both law and government. The explosion of neuroscience and neuroimaging discoveries this decade is nothing short of remarkable, leading one prominent scientist to term the last several …
Carpe Diem: Privacy Protection In Employment Act, 2015 The University of Akron
Carpe Diem: Privacy Protection In Employment Act, Ariana R. Levinson
Akron Law Review
What these employees have in common is that their employers technologically monitored them, invading their privacy, yet their lawsuits were dismissed.6 Indeed, scholars generally agree that the law in the United States fails to adequately protect private sector employees from technological monitoring by their employers.7 This article proposes a solution: federal legislation intended to permit private sector employers to monitor their employees when necessary but to also provide their employees adequate privacy protection.8 Section II reviews the nature and extent of the problem of technological monitoring of employees by their employers. Section III surveys the laws and proposed legislation that …
Bright Lines, Black Bodies: The Florence Strip Search Case And Its Dire Repercussions, 2015 The University of Akron
Bright Lines, Black Bodies: The Florence Strip Search Case And Its Dire Repercussions, Teresa A. Miller
Akron Law Review
Part I is a brief history of Search and Seizure law, focusing on seismic doctrinal shifts that occurred from the 1950s to the present. As a framework for the important cases, the Founders’ concerns about abuse of governmental authority are discussed, as well as the rights protected by the Fourth Amendment. Various governmental programs will also be presented, such as the War on Drugs and its call for a large-scale federal anti-drug policy, first initiated by President Richard Nixon in 1969. Part II is a description of the central reasoning presented in Florence v. Board of Chosen Freeholders, including the …
Factoring The Seriousness Of The Offense Into Fourth Amendment Equations: Strip Searches In Detention Facilities - Atwater Strikes Again, 2015 The University of Akron
Factoring The Seriousness Of The Offense Into Fourth Amendment Equations: Strip Searches In Detention Facilities - Atwater Strikes Again, William A. Schroeder
Akron Law Review
This article suggests, inter alia, that Atwater can and should be limited, or better yet, overruled, by the adoption of reasonableness and probable cause standards that take into account the seriousness of the offense and make custodial arrests of minor offenders, and searches directed at minor offenders, much more difficult to justify than comparable activities directed at serious offenders.
Coming To A Car Dealership Near You: Standardizing Event Data Recorder Technology Use In Automobiles, 2015 IIT Chicago-Kent College of Law
Coming To A Car Dealership Near You: Standardizing Event Data Recorder Technology Use In Automobiles, Kara Ryan
Chicago-Kent Law Review
Event Data Recorders are receiving more attention as owners of automobiles have begun to realize that their driving histories are recorded. Event Data Recorders are the “black boxes” in automobiles that are installed in the vast majority of vehicles currently on the road. In the majority of states, the restrictions on what information can be retrieved from Event Data Recorders and used by police officers, advertising firms, and insurance companies remains a gray area. State laws governing Event Data Recorder technology greatly fluctuates by jurisdiction. If Event Data Recorder information falls into the wrong hands, the possession of the data …
David Felix: Jailed By An Unjust System, Failed By City Services, Killed By Police, 2015 University of the District of Columbia David A Clarke School of Law
David Felix: Jailed By An Unjust System, Failed By City Services, Killed By Police, Brendan M. Conner Esq., Marissa Ram Esq.
Brendan M. Conner
No one claimed the body of David Felix for 21 days; instead, it lay in state at the Office of the Medical Examiner, the blackened and seared edges of the gunpowder’s stippling forming a dark halo on his ebony skin until his grief-stricken parents arrived from Haiti to identify the body of their oldest son. The “Felix David” described by the police and the New York media – none of whom got his name right – is unrecognizable to those of us who knew David Felix. The 24 year-old polyglot, aspiring fashion student and black immigrant with a love for …
Voluntary Disclosure Of Information As A Proposed Standard For The Fourth Amendment's Third-Party Doctrine, 2015 University of Michigan Law School
Voluntary Disclosure Of Information As A Proposed Standard For The Fourth Amendment's Third-Party Doctrine, Margaret E. Twomey
Michigan Telecommunications & Technology Law Review
The third-party doctrine is a long-standing tenant of Fourth Amendment law that allows law enforcement officers to utilize information that was released to a third party without the probable cause required for a traditional search warrant. This has allowed law enforcement agents to use confidential informants, undercover agents, and access bank records of suspected criminals. However, in a digital age where exponentially more information is shared with Internet Service Providers, e-mail hosts, and social media “friends,” the traditional thirdparty doctrine ideas allow law enforcement officers access to a cache of personal information and data with a standard below probable cause. …
State Labs Of Federalism And Law Enforcement "Drone" Use, 2015 SMU Dedman School of Law
State Labs Of Federalism And Law Enforcement "Drone" Use, Chris Jenks
Washington and Lee Law Review
No abstract provided.
Surveillance As Loss Of Obscurity, 2015 Samford University School of Law
Surveillance As Loss Of Obscurity, Woodrow Hartzog, Evan Selinger
Washington and Lee Law Review
No abstract provided.
Does It Stay, Or Does It Go?: Application Of The Good-Faith Exception When The Warrant Relied Upon Is Fruit Of The Poisonous Tree, 2015 Washington and Lee University School of Law
Does It Stay, Or Does It Go?: Application Of The Good-Faith Exception When The Warrant Relied Upon Is Fruit Of The Poisonous Tree, Alyson M. Cox
Washington and Lee Law Review
No abstract provided.
Dangerous Dicta, 2015 University of Maryland School of Law
I Spy: The New Self-Cybersurveillance And The "Internet Of Things", 2015 Elon School of Law
I Spy: The New Self-Cybersurveillance And The "Internet Of Things", Steven I. Friedland
Washington and Lee Law Review
Prior to the digital age, surveillance generally meant a government agent or private investigator engaged in a stakeout or observation detail that involved physical work, expense, and time. The digital age changed surveillance fundamentally. Today, we not only generate mountains of data for others, we also effectively surveil ourselves through digitally-connected, multifunctional smart devices, collectively described as the “Internet of Things.”
Cybersurveillance accessed by the government, even when started as self-surveillance, raises complex and uncertain legal issues, especially when related to the Constitution. In United States v. Kyllo, the Supreme Court was reticent to allow government agents to use …
Rethinking Miranda: Custodial Interrogation As A Fourth Amendment Search And Seizure, 37 U.C. Davis L. Rev. 1109 (2004), 2015 The John Marshall Law School, Chicago
Rethinking Miranda: Custodial Interrogation As A Fourth Amendment Search And Seizure, 37 U.C. Davis L. Rev. 1109 (2004), Timothy P. O'Neill
Timothy P. O'Neill
No abstract provided.
Beyond Privacy, Beyond Probable Cause, Beyond The Fourth Amendment: New Strategies For Fighting Pretext Arrests, 69 U. Colo. L. Rev. 693 (1998), 2015 The John Marshall Law School, Chicago
Beyond Privacy, Beyond Probable Cause, Beyond The Fourth Amendment: New Strategies For Fighting Pretext Arrests, 69 U. Colo. L. Rev. 693 (1998), Timothy P. O'Neill
Timothy P. O'Neill
No abstract provided.
Vagrants In Volvos: Ending Pretextual Traffic Stops And Consent Searches Of Vehicles In Illinois, 40 Loy. U. Chi. L.J. 745 (2009), 2015 The John Marshall Law School, Chicago
Vagrants In Volvos: Ending Pretextual Traffic Stops And Consent Searches Of Vehicles In Illinois, 40 Loy. U. Chi. L.J. 745 (2009), Timothy P. O'Neill
Timothy P. O'Neill
No abstract provided.
Section 1983 Fourth Amendment Cases From The Current Term, 2015 Touro University Jacob D. Fuchsberg Law Center
Section 1983 Fourth Amendment Cases From The Current Term, William E. Hellerstein
Touro Law Review
No abstract provided.
Whatever Happened To The Fourth Amendment: Undocumented Immigrants' Rights After Ins V. Lopenz-Mendoza And United States V. Verdugo-Urquidez, 2015 Penn State Law
Whatever Happened To The Fourth Amendment: Undocumented Immigrants' Rights After Ins V. Lopenz-Mendoza And United States V. Verdugo-Urquidez, Victor Romero
Victor C. Romero
This Note rejects the Court's approach to the Fourth Amendment in Lopez and Verdugo and attempts to redefine the boundaries of Fourth Amendment protections for undocumented immigrants. Part I examines the impact of the Lopez and Verdugo decisions upon undocumented immigrants' Fourth Amendment rights. Part II evaluates the arguments for extending Fourth Amendment protections to undocumented immigrants. Viewing the Fourth Amendment as a restriction on government intrusion, Part III examines the constitutional remedies available to undocumented immigrants. This part rejects the Lopez restrictions on the applicability of the exclusionary rule and concludes that the Fourth Amendment neither draws distinctions among …
The Domestic Fourth Amendment Rights Of Undocumented Immigrants: On Guitterez And The Tort Law/Immigration Law Parallel, 2015 Penn State Law
The Domestic Fourth Amendment Rights Of Undocumented Immigrants: On Guitterez And The Tort Law/Immigration Law Parallel, Victor C. Romero
Victor C. Romero
This Article is composed of three parts. Part I examines the problems raised by the Gutierrez I regime, including the collapse of the protective constitutional floor of immigrants' rights portended by that decision. Part II contends that the current plenary power approach to immigration and immigrants' rights issues would likely support, rather than dismantle, the Gutierrez I approach to undocumented immigrants' Fourth Amendment rights. Part III provides an alternative to the plenary power regime by drawing a parallel between domestic tort law for premises liability and immigrants' rights law. This part concludes by showing that Rowland and its progeny could …
Obscured By Clouds: The Fourth Amendment And Searching Cloud Storage Accounts Through Locally Installed Software, 2015 William & Mary Law School
Obscured By Clouds: The Fourth Amendment And Searching Cloud Storage Accounts Through Locally Installed Software, Aaron J. Gold
William & Mary Law Review
No abstract provided.