Now showing items 1-4 of 4
What is the Essential Fourth Amendment?
(Texas Law Review, 2012)
In More Essential Than Ever: The Fourth Amendment in the Twenty-First Century, Stephen Schulhofer provides a strong, popularized brief for interpreting the Fourth Amendment as a command that judicial review precede all ...
Rehnquist and Panvasive Searches
(Mississippi Law Journal, 2013)
In the history of the Supreme Court, William Rehnquist may have been the least friendly justice toward the view that the Fourth Amendment should be read expansively. Even he, however, might have interpreted the amendment ...
Making the Most of United States v. Jones in a Surveillance Society: A Statutory Implementation of Mosaic Theory
(Duke Journal of Constitutional Law & Public Policy, 2012)
In the Supreme Court's recent decision in United States v. Jones, a majority of the Justices appeared to recognize that under some circumstances aggregation of information about an individual through governmental surveillance ...
Cause to Believe What? The Importance of Defining a Search's Object--Or, How the ABA Would Analyze the NSA Metadata Surveillance Program
(Oklahoma Law Review, 2014)
Courts and scholars have devoted considerable attention to the definition of probable cause and reasonable suspicion. Since the demise of the “mere evidence rule” in the 1960s, however, they have rarely examined how these ...