In the other two incidents, the court found that police had acted properly. This term, the Supreme Court is considering a relatively large number of cases involving Fourth Amendment protections against unreasonable searches and seizures. In addition to the three cited above, the court is also ...
fourth amendmentWhat makes a dissent "great"? Depending on one's point of view, there are many candidates for such designation, ranging from Justice Brandies' dissent in Olmstead, which first proposed privacy as a centralizing principle and offered a broad view of the applicability of the ...
This book uses the term "high-technology crime" to identify two types of crime associated with high technology. First, the term includes new crimes created by society's widespread use of computers; for example, the crime of breaking and entering into computers flourished after businesses began co...
The Demise of § 1983 Malicious Prosecution: Separating Tort Law from the Fourth Amendment derives from the use of the language of malicious prosecution tort law to describe what really amounts to a Fourth Amendment seizure claim under 搂 1983... McMannon,Erin,E - 《Notre Dame Law Review》 ...
The naked truth: Fourth Amendment lessons from the U.S. Supreme Court: a review of recent home-search cases from the U.S. Supreme Court, including the Rettele case from May, where the Court ruled that police didn't act unreasonably when they forced search subjects of a different race ...
"It is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people. And so, while we are concerned here with a shabby defrauder, we must deal with his case in the context of what are really the great themes...
The political branches also receive great deference in situations involving national security, especially in wartime. During World War II, for example, the Supreme Court upheld the Japanese-American internment policy in one of its most infamous decisions. However, a group of cases during the war on...
A preponderance of the evidence standard applies in most civil cases, including those involving a personal injury and violations of civil liberty. This burden of persuasion is a lower burden than both the: clear and convincing standard, and beyond a reasonable doubt standard. 2. Are there other...
Fourth AmendmentForeign NationalVerdugoCross-border searchcomputer searchlaw enforcementThis Article examines the current legal framework governing Fourth Amendment rights for foreign nationals accused of committing crimes within the United States.Young, Stewart M...
2. Improving the administrative litigation system The SPC’s Administrative Division is promoting several measures to promote better administrative dispute resolution. One aspect is better involving specialist administrative judges at the case filing phase to ensure that only cases that meet statutory standa...