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2,493 full-text articles. Page 55 of 76.

Baker V. Nelson: Flotsam In The Tidal Wave Of Windsor's Wake, David B. Cruz 2015 University of Southern California

Baker V. Nelson: Flotsam In The Tidal Wave Of Windsor's Wake, David B. Cruz

Indiana Journal of Law and Social Equality

Part I of this Article sketches the virtually unbroken string of pro-marriage decisions in the lower federal and state courts since the U.S. Supreme Court’s 2013 ruling in United States v. Windsor to give a sense of the size and magnitude of this “tidal wave” of precedent. Next, Part II briefly explores some of the reasons that might help account for the flood of litigation and overwhelmingly positive outcomes. Part III tentatively suggests one way this flow of decisions in favor of marriage equality might influence the Supreme Court as it returns to the issue. Part II then at some …


Fernandez V. California And The Expansion Of Third-Party Consent Searches, Anna P. Hayes 2015 University of Florida Levin College of Law

Fernandez V. California And The Expansion Of Third-Party Consent Searches, Anna P. Hayes

Florida Law Review

Imagine a day when the police come knocking at your door: you open the door, and the police ask you if they may conduct a warrantless search of your residence. As any good constitutional law student would, you explain to them that you are well aware of your rights under the Fourth Amendment, and that they should come back with a warrant. Because the dutiful officers believe that you have committed a crime, they arrest you on the spot, rather than obtaining a search warrant for the premises. After arresting you and removing you from the premises the officers then …


The Snowden Effect: The Conflict In A Free Society, Who Values Privacy Versus Who Values Security?, Matthew C. Blake 2015 Bemidji State University

The Snowden Effect: The Conflict In A Free Society, Who Values Privacy Versus Who Values Security?, Matthew C. Blake

Political Science Theses and Capstones

The Obama Administration has come under scrutiny by both the public and Congress, since former National Security Agency (NSA) contractor Edward Snowden made known the scope of government surveillance programs being utilized by the U.S. government to gather intelligence on domestic citizens. Snowden’s disclosures about the government’s surveillance practices to the mainstream media began in June 2013. I focus on how public opinion towards the government’s surveillance practices and an individual’s reasonable right to privacy has shifted after revelations made by Edward Snowden on the practices of the NSA. Individuals may show support for more government surveillance in the name …


In The Wake Of Florida V. J.L. - When Anonymous Tips Give Police Reasonable Suspicion, Robyn Silvermintz 2015 Touro University Jacob D. Fuchsberg Law Center

In The Wake Of Florida V. J.L. - When Anonymous Tips Give Police Reasonable Suspicion, Robyn Silvermintz

Touro Law Review

No abstract provided.


Judge Levine: A Survey Of His Most Influential Court Of Appeals Decisions - 1993-2002, Jean D'Alessandro 2015 Touro University Jacob D. Fuchsberg Law Center

Judge Levine: A Survey Of His Most Influential Court Of Appeals Decisions - 1993-2002, Jean D'Alessandro

Touro Law Review

No abstract provided.


Supreme Court, Bronx County, People V. Nieto, Jean D'Alessandro 2015 Touro University Jacob D. Fuchsberg Law Center

Supreme Court, Bronx County, People V. Nieto, Jean D'Alessandro

Touro Law Review

No abstract provided.


Appellate Division, Fourth Department, People V. Taylor, Aileen R. Kavanagh 2015 Touro University Jacob D. Fuchsberg Law Center

Appellate Division, Fourth Department, People V. Taylor, Aileen R. Kavanagh

Touro Law Review

No abstract provided.


Appellate Division, Fourth Department, People V. Park, Marcia Miller 2015 Touro University Jacob D. Fuchsberg Law Center

Appellate Division, Fourth Department, People V. Park, Marcia Miller

Touro Law Review

No abstract provided.


Appellate Division, Third Department, Landsman V. Village Of Hancock, Joaquin Orellana 2015 Touro University Jacob D. Fuchsberg Law Center

Appellate Division, Third Department, Landsman V. Village Of Hancock, Joaquin Orellana

Touro Law Review

No abstract provided.


Appellate Division, First Department, Morris V. Port Authority Of New York And New Jersey, Brooke Lupinacci 2015 Touro University Jacob D. Fuchsberg Law Center

Appellate Division, First Department, Morris V. Port Authority Of New York And New Jersey, Brooke Lupinacci

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Wright, Melanie Hendry 2015 Touro University Jacob D. Fuchsberg Law Center

Court Of Appeals Of New York, People V. Wright, Melanie Hendry

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. William Ii, Brooke Lupinacci 2015 Touro University Jacob D. Fuchsberg Law Center

Court Of Appeals Of New York, People V. William Ii, Brooke Lupinacci

Touro Law Review

No abstract provided.


Applying The 'Cuffs: Consistency And Clarity In A Bright-Line Rule For Arrest-Like Restraints Under Miranda Custody, Luis Then 2015 Florida State University College of Law

Applying The 'Cuffs: Consistency And Clarity In A Bright-Line Rule For Arrest-Like Restraints Under Miranda Custody, Luis Then

Florida State University Law Review

No abstract provided.


Spies In The Skies: Dirtboxes And Airplane Electronic Surveillance, Brian L. Owsley 2015 Indiana Tech Law School

Spies In The Skies: Dirtboxes And Airplane Electronic Surveillance, Brian L. Owsley

Michigan Law Review First Impressions

Electronic surveillance in the digital age is essentially a cat-and-mouse game between governmental agencies that are developing new techniques and technologies for surveillance, juxtaposed against privacy rights advocates who voice concerns about such technologies. In November 2014, there was a discovery of a new twist on a relatively old theme. Recently, the Wall Street Journal reported that the U.S. Marshals Service was running a surveillance program employing devices—dirtboxes—that gather all cell phone numbers in the surrounding area. Other federal agencies, including the Drug Enforcement Agency, Immigration and Custom Enforcement, and the Department of Homeland Security, are also documented to have …


Aclu V. Clapper: The Fourth Amendment In The Digital Age, Erin E. Connare 2015 Buffalo Law Review

Aclu V. Clapper: The Fourth Amendment In The Digital Age, Erin E. Connare

Buffalo Law Review

No abstract provided.


The Emergency Aid Doctrine And 911 Hang-Ups: The Modern General Warrant, Alexander C. Ellman 2015 Vanderbilt University Law School

The Emergency Aid Doctrine And 911 Hang-Ups: The Modern General Warrant, Alexander C. Ellman

Vanderbilt Law Review

The phone rings. A 911 dispatcher starts to answer, but the line goes dead. The dispatcher calls back. No one answers. Was it a misdial or a cry for help cut short? Because callers often expect help to arrive when intentionally calling 911, the police respond to the address from which the call likely originated.' Police approach the house and knock on the door. Again, no one answers. There may be an emergency inside, so the police enter the house without a warrant and without consent. If they find a heart attack victim lying on the floor, they might save …


A Contagion Of Fear: Post-9/11 Alarm Expands Executive Branch Authority And Sanctions Prosecutorial Exploitation Of America's Privacy, Carol M. Bast, Cynthia A. Brown 2015 University of Central Florida

A Contagion Of Fear: Post-9/11 Alarm Expands Executive Branch Authority And Sanctions Prosecutorial Exploitation Of America's Privacy, Carol M. Bast, Cynthia A. Brown

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.


Trespass And Deception, Laurent Sacharoff 2015 Brigham Young University Law School

Trespass And Deception, Laurent Sacharoff

BYU Law Review

Police routinely use deception to get into people’s homes without warrant or probable cause. They may pose as UPS delivery persons or homebuyers, or they may say they are looking for a kidnapping victim or a pedophile, when really they are looking for drugs or guns. Recent years have brought hundreds of reported decisions concerning such police ruses.

When the police lie about their identity or their purpose to enter a home, as when they pose as a homebuyer, the courts surprisingly, but routinely, approve these deceptions under the Fourth Amendment. Such intrusions, the courts reason, do not violate a …


The Privacies Of Life: Automatic License Plate Recognition Is Unconstitutional Under The Mosaic Theory Of Fourth Amendment Privacy Law, Jessica Gutierrez-Alm 2015 Winthrop & Weinstine, Associate Attorney

The Privacies Of Life: Automatic License Plate Recognition Is Unconstitutional Under The Mosaic Theory Of Fourth Amendment Privacy Law, Jessica Gutierrez-Alm

Hamline Law Review

Abstract


The 4th Amendment To The U.S. Constitution, Article 3 Of The Ala Code Of Ethics, And Section 215 Of The Usa Patriot Act: Squaring The Triangle, Sue Ann Gardner 2015 University of Nebraska - Lincoln

The 4th Amendment To The U.S. Constitution, Article 3 Of The Ala Code Of Ethics, And Section 215 Of The Usa Patriot Act: Squaring The Triangle, Sue Ann Gardner

University of Nebraska-Lincoln Libraries: Presentations

Librarians in the United States have many professional guideposts to inform their work. A patron's right to privacy is one tenet that tends to be upheld tenaciously, and is informed first by the 4th Amendment to the U.S. Constitution, among other Amendments, as well as Article III of the American Library Association Code of Ethics. Section 215 of the USA PATRIOT Act, the so-called "library provision," contradicts both the 4th Amendment and Article III of the ALA Code of Ethics, making it a weak third leg of a triangle of guideposts. The speaker explains how Section 215 allows for confiscation …


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