Browsing Vanderbilt Law School Faculty Works by Subject "United States. Constitution. 4th Amendment"

Now showing items 1-12 of 12

    • Capacity to Contest a Search and Seizure: the Passing of Old Rules and Some Suggestions for New Ones 
      Slobogin, Christopher, 1951- (American Criminal Law Review, 1981)
      Professor Slobogin examines recent Supreme Court decisions involving standing to challenge search and seizure violations, and argues that the Court's commitment to a "totality of the circumstances" approach has permitted ...
    • Cause to Believe What? The Importance of Defining a Search's Object--Or, How the ABA Would Analyze the NSA Metadata Surveillance Program 
      Slobogin, Christopher, 1951- (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 ...
    • Government Data Mining and the Fourth Amendment 
      Slobogin, Christopher, 1951- (University of Chicago Law Review, 2008)
      The government's ability to obtain and analyze recorded information about its citizens through the process known as data mining has expanded enormously over the past decade. Although the best-known government data mining ...
    • The Liberal Assault on the Fourth Amendment 
      Slobogin, Christopher, 1951- (2007)
      As construed by the Supreme Court, the Fourth Amendment's reasonableness requirement regulates overt, non-regulatory government searches of homes, cars, and personal effects-and virtually nothing else. This essay is primarily ...
    • Making the Most of United States v. Jones in a Surveillance Society: A Statutory Implementation of Mosaic Theory 
      Slobogin, Christopher, 1951- (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 ...
    • The Poverty Exception to the Fourth Amendment 
      Slobogin, Christopher, 1951- (Florida Law Review, 2003)
      This essay, written for the Sixth Annual LatCrit conference, explores the subterranean motifs of current rules regulating searches and seizures by the police. More specifically, it investigates whether and to what extent ...
    • Public Privacy: Camera Surveillance of Public Places and the Right to Anonymity 
      Slobogin, Christopher, 1951- (Mississippi Law Journal, 2002)
      Government-sponsored camera surveillance of public streets and other public places is pervasive in the United Kingdom and is increasingly popular in American urban centers, especially in the wake of 9/11. Yet legal regulation ...
    • Reasonable Expectations of Privacy and Autonomy in Fourth Amendment Cases: An Empirical Look at "Understandings Recognized and Permitted by Society" 
      Slobogin, Christopher, 1951-; Schumacher, Joseph E. (Duke Law Journal, 1993)
      This Article reports an attempt to investigate empirically important aspects of the Fourth Amendment to the United States Constitution, as construed by the United States Supreme Court. In the course of doing so, it ...
    • Rehnquist and Panvasive Searches 
      Slobogin, Christopher, 1951- (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 ...
    • Surveillance and the Constitution 
      Slobogin, Christopher, 1951- (Wayne Law Review, 2009)
      My focus will be on the extent to which the Constitution limits government surveillance activities. The details of regulation should be statutory, but the basis for that statutory regulation must be founded on constitutional ...
    • What is the Essential Fourth Amendment? 
      Slobogin, Christopher, 1951- (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 ...
    • World Without a Fourth Amendment 
      Slobogin, Christopher, 1951- (UCLA Law Review, 1991)
      The subject of this Article is suggested by a single question: How would we regulate searches and seizures if the Fourth Amendment did not exist? This question is a useful one to ask even leaving aside the possibility of ...