Stripped Of Meaning: The Supreme Court And The Government As Educator,
2011
Brigham Young University Law School
Stripped Of Meaning: The Supreme Court And The Government As Educator, Justin R. Chapa
Brigham Young University Education and Law Journal
No abstract provided.
How United States V. Jones Can Restore Our Faith In The Fourth Amendment,
2011
Penn State University Dickinson School of Law
How United States V. Jones Can Restore Our Faith In The Fourth Amendment, Erica Goldberg
Michigan Law Review First Impressions
United States v. Jones, issued in January of this year, is a landmark case that has the potential to restore a property-based interpretation of the Fourth Amendment to prominence. In 1967, the Supreme Court abandoned its previous Fourth Amendment framework, which had viewed the prohibition on unreasonable searches in light of property and trespass laws, and replaced it with a rule protecting the public’s reasonable expectations of privacy. Although the Court may have intended this reasonable expectations test to provide more protection than a test rooted in property law, the new test in fact made the Justices’ subjective views about …
Is Big Brother Watching You? United States V. Pineda-Moreno And The Ninth Circuit’S Dismantling Of The Fourth Amendment’S Protections,
2011
Brigham Young University Law School
Is Big Brother Watching You? United States V. Pineda-Moreno And The Ninth Circuit’S Dismantling Of The Fourth Amendment’S Protections, Phillip R. Sumpter
BYU Law Review
No abstract provided.
Tase Me One More Time: An Analysis Of The Ninth Circuit’S Interpretation Of The Fourth Amendment, Qualified Immunity, And Tasers In Brooks V. City Of Seattle,
2011
Brigham Young University Law School
Tase Me One More Time: An Analysis Of The Ninth Circuit’S Interpretation Of The Fourth Amendment, Qualified Immunity, And Tasers In Brooks V. City Of Seattle, Joseph G. Walker
BYU Law Review
No abstract provided.
Pledge Your Body For Your Bread: Welfare, Drug Testing, And The Inferior Fourth Amendment,
2011
University of New Hampshire School of Law
Pledge Your Body For Your Bread: Welfare, Drug Testing, And The Inferior Fourth Amendment, Jordan C. Budd
Law Faculty Scholarship
Proposals to subject welfare recipients to periodic drug testing have emerged over the last three years as a significant legislative trend across the United States. Since 2007, over half of the states have considered bills requiring aid recipients to submit to invasive extraction procedures as an ongoing condition of public assistance. The vast majority of the legislation imposes testing without regard to suspected drug use, reflecting the implicit assumption that the poor are inherently predisposed to culpable conduct and thus may be subject to class-based intrusions that would be inarguably impermissible if inflicted on the less destitute. These proposals are …
Rethinking The Fourth Amendment: Race, Citizenship, And The Equality Principle,
2011
Brooklyn Law School
Rethinking The Fourth Amendment: Race, Citizenship, And The Equality Principle, Bennett Capers
Faculty Scholarship
No abstract provided.
Schools: Where Fewer Rights Are Reasonable? Why The Reasonableness Standard Is Inappropriate To Measure The Use Of Rfid Tracking Devices On Students, 28 J. Marshall J. Computer & Info. L. 411 (2011),
2011
UIC School of Law
Schools: Where Fewer Rights Are Reasonable? Why The Reasonableness Standard Is Inappropriate To Measure The Use Of Rfid Tracking Devices On Students, 28 J. Marshall J. Computer & Info. L. 411 (2011), Alexandra C. Hirsch
UIC John Marshall Journal of Information Technology & Privacy Law
In an unsuccessful attempt to heighten security, schools are implementing a technology that offers access to children’s personal information and minute-by-minute location. Although not entirely new, Radio Frequency Identification (RFID) technology use has recently been expanding within the school arena. Skeptics knowledgeable about the downfalls of the technology, however, have reason to be concerned. In order to understand the true urgency of this issue, this comment will explain the background of RFID technology, specifically what RFID tags are, how they are used, their purposes, and how they have become unsafe. Included will be an explanation of the reasons that schools …
The U.S. Supreme Court Gets It Right In Arizona V. Gant: Justifications For Rules Protect Constitutional Rights,
2011
Southern University Law Center
The U.S. Supreme Court Gets It Right In Arizona V. Gant: Justifications For Rules Protect Constitutional Rights, Shenequa L. Grey
St. Thomas Law Review
The purpose of this article is to demonstrate how the justifications or rationales for legal principles form the basis for compliance with the Fourth Amendment of the United States Constitution; and that therefore, failure to comply with those justifications leads to unconstitutional searches and seizures. Strict compliance with the underlying justifications prevents the courts from circumventing the Constitution by establishing a rule, then expanding it beyond its intended purpose. This article demonstrates and reiterates that compliance with the underlying justifications for establishing rules is essential to protecting individual constitutional rights. In addressing these issues, Part I of this article gives …
Following You Here, There, And Everywhere; An Investigation Of Gps Technology, Privacy, And The Fourth Amendment, 45 J. Marshall L. Rev. 1 (2011),
2011
UIC School of Law
Following You Here, There, And Everywhere; An Investigation Of Gps Technology, Privacy, And The Fourth Amendment, 45 J. Marshall L. Rev. 1 (2011), Stephanie G. Forbes
UIC Law Review
No abstract provided.
Recognizing The Public Schools' Authority To Discipline Students' Off-Campus Cyberbullying Of Classmates,
2011
University of Missouri School of Law
Recognizing The Public Schools' Authority To Discipline Students' Off-Campus Cyberbullying Of Classmates, Douglas E. Abrams
Faculty Publications
The American Medical Association, the National Institute of Child Health and Human Development, and the U.S. Centers for Disease Control and Prevention have identified bullying in the public elementary and secondary schools as a "public health problem". This article explains the schools' comprehensive authority, consistent with the First Amendment, to impose discipline on cyberbullies, by suspension or expulsion if necessary. Ever since Tinker v. Des Moines Independent Community School District (1969), the Supreme Court's First Amendment decisions have granted the schools authority to discipline student speech that causes, or reasonably threatens, (1) "substantial disruption of or material interference with school …
School Children And Parolees: Not So Special Anymore,
2011
Mitchell Hamline School of Law
School Children And Parolees: Not So Special Anymore, Edwin Butterfoss
Faculty Scholarship
The Fourth Amendment special needs exception may be one of the Court’s most puzzling doctrines. Since its origin, the Court has struggled to define its limits and its place in the Court’s suspicionless search and seizure jurisprudence. At times the Court has suggested that the exception is the only route to upholding a search or seizure in the absence of individualized suspicion, while at other times it has stated that it is just one of a limited number of exceptions to the requirement of individualized suspicion. Historically, while the application of the special needs exception has been unpredictable, one thing …
Cell Phone Searches Incident To Arrest: A New Standard Based On Arizona V. Gant,
2011
University of Kentucky
Cell Phone Searches Incident To Arrest: A New Standard Based On Arizona V. Gant, Ben E. Stewart
Kentucky Law Journal
No abstract provided.
The Shocking Truth: Law Enforcement's Use And Abuse Of Tasers And The Need For Reform,
2011
Villanova University Charles Widger School of Law
The Shocking Truth: Law Enforcement's Use And Abuse Of Tasers And The Need For Reform, Michelle E. Mcstravick
Villanova Law Review (1956 - )
No abstract provided.
Big Brother Is Watching: The Reality Show You Didn't Audition For,
2011
Indiana University Robert H. McKinney School of Law
Big Brother Is Watching: The Reality Show You Didn't Audition For, Amy Dillard
Oklahoma Law Review
No abstract provided.
Framing The Fourth,
2011
University of Florida Levin College of Law
Framing The Fourth, Tracey Maclin, Julia Mirabella
UF Law Faculty Publications
Book Review of "The Fourth Amendment: Origins and Original Meaning", 602-1791. By William J. Cuddihy. Oxford and New York: Oxford Press. 2009. Pp. lxviii, 940. $165. History is again an important element of the Supreme Court’s Fourth Amendment analysis. In Wyoming v. Houghton, Justice Scalia’s opinion for the Court announced that a historical inquiry is the starting point for every Fourth Amendment case. William Cuddihy’s book on the origins and original meaning of the Fourth Amendment will undoubtedly assist the Justices (and everyone else) in understanding the history of search and seizure law. Cuddihy’s historical analysis is unprecedented. As Justice …
Comments: Naturally Shed Dna: The Fourth Amendment Implications In The Trail Of Intimate Information We All Cannot Help But Leave Behind,
2011
University of Baltimore School of Law
Comments: Naturally Shed Dna: The Fourth Amendment Implications In The Trail Of Intimate Information We All Cannot Help But Leave Behind, Mike Silvestri
University of Baltimore Law Review
No abstract provided.
Is There A Doctor In The (Station) House?: Reassessing The Constitutionality Of Compelled Dwi Blood Draws Forty-Five Years After Schmerber,
2011
Jones Day
Is There A Doctor In The (Station) House?: Reassessing The Constitutionality Of Compelled Dwi Blood Draws Forty-Five Years After Schmerber, Michael A. Correll
West Virginia Law Review
The vast majority of Fourth Amendment jurisprudence of the last century has been dedicated to parsing the physical and in- tangible boundaries of the home, developing the expectation of privacy, and, as of late, exploring the constitutional implica- tions of an increasingly electronic society. In the midst of this development, one major area has quietly fallen by the wayside - the preservation of bodily integrity. As technology has ren- dered the human body an ever-increasing source of crucial evi- dence, the Supreme Court has remained largely silent on the government's power to harvest information through medical procedures. Since the Court's …
Inside The Border, Outside The Law: Undocumented Immigrants And The Fourth Amendment,
2011
BYU Law
Inside The Border, Outside The Law: Undocumented Immigrants And The Fourth Amendment, D. Carolina Nuñez
Faculty Scholarship
As states enact immigration-related laws requiring local law enforcement officers to identify and detain undocumented immigrants, the Fourth Amendment rights of aliens are becoming critically important. In United States v. Verdugo-Urquidez, a divided Supreme Court suggested that aliens in the United States do not have Fourth Amendment rights unless they have established "substantial connections" to the United States. Lower courts have relied on Verdugo's holding to categorically deny Fourth Amendment rights to certain classes of undocumented immigrants. Commentators have criticized the "substantial connections" test as an isolated misinterpretation of Court precedent regarding the rights of aliens within the United States. …
The Timely Demise Of The Fourth Amendment Third Party Doctrine,
2011
University of Oklahoma College of Law
The Timely Demise Of The Fourth Amendment Third Party Doctrine, Stephen E. Henderson
Faculty Articles
In what may be a slightly premature obituary, in this response to a forthcoming paper by Matthew Tokson I argue that the Fourth Amendment third party doctrine "has at least taken ill, and it can be hoped it is an illness from which it will never recover." It is increasingly unpopular as a matter of state constitutional law, has long been assailed in scholarship but now thoughtful alternatives are percolating, and it cannot – or at least should not – withstand the pressures which technology and social norms are placing upon it. Even the Supreme Court seems loath to defend …
How United States V. Jones Can Restore Our Faith In The Fourth Amendment,
2011
University of Dayton
How United States V. Jones Can Restore Our Faith In The Fourth Amendment, Erica Goldberg
School of Law Faculty Publications
United States v. Jones, issued in January of this year, is a landmark case that has the potential to restore a property-based interpretation of the Fourth Amendment to prominence. In 1967, the Supreme Court abandoned its previous Fourth Amendment framework, which had viewed the prohibition on unreasonable searches in light of property and trespass laws, and replaced it with a rule protecting the public’s reasonable expectations of privacy. Although the Court may have intended this reasonable expectations test to provide more protection than a test rooted in property law, the new test in fact made the Justices’ subjective views about …
