Bibliografie tematiche / Fourth Amendment rights

Letteratura scientifica selezionata sul tema "Fourth Amendment rights"

Autore: Grafiati
Pubblicato: 27 luglio 2024
Ultima modifica: 29 luglio 2024

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Articoli di riviste sul tema "Fourth Amendment rights"

1

Re, Richard. "Fourth Amendment Fairness". Michigan Law Review, n. 116.8 (2018): 1409. http://dx.doi.org/10.36644/mlr.116.8.fourth.

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Fourth Amendment doctrine is attentive to a wide range of interests, including security, informational privacy, and dignity. How should courts reconcile these competing concerns when deciding which searches and seizures are “unreasonable”? Current doctrine typically answers this question by pointing to interest aggregation: the various interests at stake are added up, placed on figurative scales, and compared, with the goal of promoting overall social welfare. But interest aggregation is disconnected from many settled doctrinal rules and leads to results that are unfair for individuals. The main alternative is originalism; but historical sources themselves suggest that the Fourth Amendment calls for new moral reasoning. This Article argues that the Fourth Amendment’s prohibition on “unreasonable searches and seizures” is best understood, at least in large part, as a requirement that police investigation be fair in the sense of being authorized by principles that no rights holder could reasonably reject. This approach is inspired by “contractualist” moral philosophy and has several advantages. It tracks widely held moral intuitions, comports with the Fourth Amendment’s historical meaning, and resonates with underappreciated currents in extant case law. In attending to the perspectives of individuals, contractualism generates rights that are not subject to interest aggregation. At the same time, contractualism suggests a principled way to address new Fourth Amendment questions, consistent with courts’ institutional role. A contractualist approach to Fourth Amendment fairness suggests many ways to refine or reform current doctrine. In terms of refinements, the contractualist approach gives moral content to the notion of “individualized suspicion” by showing when searches and seizures can be justified by a principle of individual responsibility. Contractualism also draws attention to other justifying principles, such as a protection principle, and so explains how and when suspicionless searches and seizures are reasonable. Finally, the contractualist approach identifies areas where current Fourth Amendment doctrine is decidedly unfair and ripe for reform, such as when courts limit rights to avoid diffuse litigation costs, overemphasize “reasonable expectations of privacy,” and ignore the unreasonableness of racial discrimination.
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Walen, Alec. "Fourth Amendment Rights for Nonresident Aliens". German Law Journal 16, n. 5 (ottobre 2015): 1131–62. http://dx.doi.org/10.1017/s2071832200021064.

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AbstractThe U.S. National Security Agency has nearly unlimited authority to spy upon citizens of foreign countries while they are outside the United States. It goes almost without saying that such targeting of U.S. citizens, without any hint of individualized suspicion either of criminal wrongdoing or of being a threat to national security, would be constitutionally prohibited under the Fourth Amendment. However, the dominant view in the American legal community is that there is nothing constitutionally wrong, or even suspect, about such targeting of nonresident aliens.This article argues that the dominant view of the law is wrong both descriptively and normatively. It is wrong with regard to the proper interpretation of the relevant constitutional case law, because that case law is more open ended and unclear than the dominant view represents it as being. And it is wrong with regard to the underlying legal and moral principles that should guide the interpretation and development of constitutional law. Those principles call for recognizing that nonresident aliens enjoy constitutional protection against unjust harms—a point argued for in a companion paper, “Constitutional Rights for Nonresident Aliens.” And those same principles imply that nonresident aliens enjoy the Fourth Amendment's prohibition on unreasonable searches and seizures.
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Mordechai-Strongin, Ben. "Giving the Fourth Amendment Meaning: Creating an Adversarial Warrant Proceeding to Protect From Unreasonable Searches and Seizures". University of Michigan Journal of Law Reform, n. 56.3 (2023): 951. http://dx.doi.org/10.36646/mjlr.56.3.giving.

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For at least the past 40 years, police and prosecutors have had free reign in conducting illegal searches and seizures nominally barred by the Fourth Amendment. The breadth of exceptions to the warrant requirement, the lax interpretation of probable cause, and especially the “good faith” doctrine announced in U.S. v. Leon have led to severe violations of privacy rights, trauma to those wrongly searched or seized, and a court system overburdened by police misconduct cases. Most scholars analyzing the issue agree that the rights guaranteed by the Fourth Amendment—to be free from unreasonable search and seizure—have been severely eroded or even eviscerated by the Supreme Court. Some suggest that in order to revitalize the Fourth Amendment, the United States should make it easier to secure civil damages after Fourth Amendment rights have been violated. Others have argued that the United States must guarantee stronger ex ante protections to uphold fundamental privacy rights before they are violated. This Note argues that, while warrant requirements do need to be more stringent to safeguard Fourth Amendment rights, warrant requirements cannot on their own sufficiently protect such a sacred right. This Note proposes the adoption of adversarial warrant proceedings, designed to ensure police and prosecutors meet their probable cause burden and to ensure that any lies or sloppy investigative work are rooted out from a warrant application before a warrant is granted. False searches and arrests can be deeply traumatizing and have excruciating and long-term impacts. For the Fourth Amendment to have any meaningful affect, the People must have an advocate—a Warrants Counsel— fighting for their right to be free from unreasonable searches before that right is violated. The Roberts Court’s destruction of the Fourth Amendment leaves little reason to expect protection from unreasonable search and seizure through litigation. Instead, Congress must create the Warrants Counsel program legislatively. Congress should look to the major success of the Federal Defenders program as a blueprint for zealous advocacy and protection of rights. A Warrants Counsel, like a public defender, would be a government paid attorney, present to argue against probable cause before a magistrate whenever police or prosecutors seek a warrant. Like the Sixth Amendment before the public defender system, the Fourth Amendment desperately needs some structure to give its language meaning; the Warrants Counsel system would counterbalance over-powered police and prosecutors in favor of the People.
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Stefkovich, Jacqueline A., e G. Michaele O'Brien. "Students 'Fourth Amendment Rights and School Safety". Education and Urban Society 29, n. 2 (febbraio 1997): 149–61. http://dx.doi.org/10.1177/0013124597029002003.

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Nusbaum, Abigail. "The Modern Border: The Government Can Search . . . Anything?" FIU Law Review 18, n. 2 (2024): 483–520. http://dx.doi.org/10.25148/lawrev.18.2.13.

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The evolution of modern technology has introduced new obstacles in interpreting the Fourth Amendment’s application to searches of peoples’ effects. Specifically, the longstanding exception to the Fourth Amendment permitting searches at the international border in the absence of probable cause does not so neatly apply to forensic searches of cell phones. Consequently, a circuit split has emerged on two aspects of the issue: the scope of the border exception and the requisite level of suspicion within that exception. The Supreme Court should find that forensic cell phone searches at the international border implicate Fourth Amendment privacy interests, requiring the border exception’s scope to be limited to searches for ongoing or imminent criminal border activity. Even within that scope, officials must have reasonable suspicion of such ongoing or imminent criminal activity before conducting a forensic cell phone search. Doing so ensures both security at the international border and individuals’ rights under the Fourth Amendment.
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Zirkel, Perry A., e Ivan B. Gluckman. "Fourth Amendment Privacy Rights in Employee Papers and Desks". NASSP Bulletin 71, n. 500 (settembre 1987): 113–17. http://dx.doi.org/10.1177/019263658707150018.

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Charles, Jacob. "Securing Gun Rights by Statute: The Right to Keep and Bear Arms Outside the Constitution". Michigan Law Review, n. 120.4 (2022): 581. http://dx.doi.org/10.36644/mlr.120.4.securing.

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In popular and professional discourse, debate about the right to keep and bear arms most often revolves around the Second Amendment. But that narrow reference ignores a vast and expansive nonconstitutional legal regime privileging guns and their owners. This collection of nonconstitutional gun rights confers broad powers and immunities on gun owners that go far beyond those required by the Constitution, like rights to bring guns on private property against an owner’s wishes and to carry a concealed firearm in public with no training or background check. This Article catalogues this set of expansive laws and critically assesses them. Unlike the formal constitutional guarantee, this broad collection is not solely libertarian, concerned only with guaranteeing noninterference with a negative right. Instead, it is also aggressively interventionist, countermanding contrary policy judgments by employers, universities, property owners, and local government officials, conferring robust rights and privileges, and shifting the distribution of violence in society. This Article underscores the rhetorical and legal connection between this gun-rights expansionism and the formal Second Amendment guarantee. These laws do not derive from a judicial interpretation of the scope of the Constitution, but they are expressed and advocated for in constitutional terms. The Article also highlights how broad gun rights can create unique harm to the body politic and to marginalized groups by fostering fear and mistrust and empowering sometimes-problematic private actors to proactively police their own communities. Finally, the Article shows how gun-rights expansionism influences constitutional doctrine in the context of the Second Amendment, as well as of the First, Fourth, and Fourteenth Amendments.
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Khalil, Randall. "Aerial Trespass and the Fourth Amendment". Michigan Law Review, n. 121.7 (2023): 1269. http://dx.doi.org/10.36644/mlr.121.7.aerial.

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Since 1973, courts have analyzed aerial surveillance under the Fourth Amendment by applying the test from Katz v. United States, which states that a search triggers the Fourth Amendment when a government actor violates a person’s “reasonable expectation of privacy.” The Supreme Court applied Katz to aerial surveillance three times throughout the 1980s, yet this area of the law remains unsettled and outcomes are unpredictable. In 2012, the Supreme Court recognized an alternative to the Katz test in Jones v. United States, which held that a search triggers the Fourth Amendment when a government actor physically intrudes into a constitutionally protected space with the intent to obtain information. Courts have largely avoided applying the Jones intrusion test to aerial surveillance. This Note explores the intersection of the Fourth Amendment, aerial property rights, and government use of drones. It argues that the Jones intrusion test can be a useful doctrinal tool for analyzing aerial surveillance under the Fourth Amendment. This issue will only grow in importance as law enforcement expands its use of use of drone technology.
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Schulhofer, Stephen J. "On the Fourth Amendment Rights of the Law-Abiding Public". Supreme Court Review 1989 (gennaio 1989): 87–163. http://dx.doi.org/10.1086/scr.1989.3109632.

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Braverman, Irus. "Rights of Passage: On Doors, Technology, and the Fourth Amendment". Law, Culture and the Humanities 12, n. 3 (agosto 2016): 669–92. http://dx.doi.org/10.1177/1743872114520893.

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Tesi sul tema "Fourth Amendment rights"

1

Cantón, Federico Alberto. "The Fourth Amendment and Cyberspace: Conflict or Cohesion?" PDXScholar, 2011. https://pdxscholar.library.pdx.edu/open_access_etds/336.

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The purpose of the study was to determine how the Fourth Amendment is treated in the age of the internet. To determine the degree of the significance of this relationship a comparative approach is used. Court opinions from cases involving other technological innovations and the Fourth Amendment were examined and their reasoning was compared to that of cases involving the internet and the Fourth Amendment. The results indicated that contrary to some fears that the internet would require a different approach with respect to the law it actually did not present many novel barriers to its application. The principle conclusion was that the reasoning used in cases involving older technologies, namely the test outlined in Katz v. United States, was consistently applied even in the age of the internet.
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2

Nowak, Benjamin Adam. "Students' First and Fourth Amendment Rights in the Digital Age: An Analysis of Case Law". Diss., Virginia Tech, 2014. http://hdl.handle.net/10919/47729.

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In January, 2012, the Supreme Court of the United States refused to hear three cases involving student online speech, or cyberspeech. This indicates that the Court is content with lower courts applying First Amendment jurisprudence developed over 40 years ago to a rapidly advancing digital environment where students carry the equivalent of personal computers in their pockets, have an ever-growing telepresence, and rely on cyberspeech as their primary means of communicating with the world around them. Lower courts also are beginning to grapple with challenges to students Fourth Amendment right to be free from unreasonable search and seizure as it relates to the digital environment described above. Recently, lower courts in Mississippi, Texas, Minnesota, and Kentucky have applied standards set forth decades ago to decide cases involving searches of students mobile devices and Web 2.0 applications. Given the absence of guidance from the Supreme Court, this study aims to: (1) identify and analyze trends in the current application of legal standards related to student cyberspeech and search and seizure in the digital age; (2) synthesize these findings into a set of essential guidelines for school officials to use as they navigate a legal landscape that has yet to be well defined; and (3) make recommendations to further develop the body of law. Findings indicate that school officials have the legal authority to restrict off-campus student cyberspeech when certain conditions are met, and Tinker governs cases in this area. Seriously threatening, slanderous, or obscene cyberspeech is not constitutionally protected and can be restricted prior to an actual disruption. Off-campus student cyberspeech that reaches the school can legally be restricted so long as evidence shows that it caused a material and substantial disruption. In addition, students possess reasonable expectations of privacy in their personal mobile devices and password-protected private Web 2.0 communications. T.L.O governs searches of students personal mobile devices and Vernonia appears to govern cases involving searches of students Web 2.0 applications. Substantive suspicion at the outset, carefully tailored searches, and a clear governmental interest will keep school officials from violating students Fourth Amendment protections.
Ed. D.
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Lineburg, Mark Young. "An Analysis of Random Student Drug Testing Policies and Patterns of Practice In Virginia Public Schools". Diss., Virginia Tech, 2005. http://hdl.handle.net/10919/26340.

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There were two purposes to this study. First, the study was designed to determine which Virginia public school districts have articulated policies that govern random drug testing of students and if school districts' policies aligned with U.S. Supreme Court standards and Virginia statutes. The second purpose was to ascertain the patterns of practice in selected Virginia school districts that currently conduct random drug testing of students. This included identifying which student groups were being tested and for which drugs. It was also of interest to learn how school districts monitor the testing program and if drug testing practices were aligned with the policies that govern them. Data were gathered by examining student handbooks and district policies in order to determine which school districts had drug testing policies. These policies then were analyzed using a legal framework constructed from U.S. Supreme Court standards that have emerged from case law governing search and seizure in schools. Finally, data on patterns of practice were collected through in-depth interviewing and observation of those individuals responsible for implementing student drug testing in those districts that have such programs. The analyses revealed that the current policies and patterns of practice in random drug testing programs in Virginia public schools comply with Supreme Court standards and state statutes. Student groups subject to testing in Virginia public schools include student athletes and students in extracurricular activities in grades eight through twelve. Monitoring systems in the school districts implementing random drug testing were not consistent. There is evidence that the school districts implementing random drug testing programs have strong community support for the program.
Ed. D.
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Bedden, Dana T. "Public School Law: Student Search and Seizure in K-12 Public Schools". Diss., Virginia Tech, 2006. http://hdl.handle.net/10919/26409.

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School officials are constantly challenged to perform a myriad of duties in an extremely complex and demanding job with numerous responsibilities. They are expected to work with a variety of students, faculty and parents under difficult circumstances. â Faced with multiple needs, with the necessity of making fast decisions in an atmosphere of fragmented time, administrators are liable for everything they do.â School administrators need to understand the rights guaranteed to students by the Fourth Amendment and how it applies to the school setting. This document will provide an overview of student search and seizure in kindergarten to 12th grade (K-12) public schools in a non-traditional dissertation (non-experimental design) format by providing an historical review of the relevant case law. Specifically, based upon legal research, it will review relevant Supreme Court cases, post-New Jersey v. T.L.O. federal, Pennsylvania and other state court cases related to search and seizure in K-12 public schools. The conclusion and summary will provide answers to the guiding questions, provide a conceptual model, outline what is a reasonable search, and provide a short practical school law exercise to test the readerâ s understanding of search and seizure in public schools.
Ed. D.
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Gaillard, Nancy Baugh. "Balancing school safety and K-12 public school students' fourth and fifth amendment rights| Court cases from 2004 to 2015". Thesis, The University of Alabama, 2016. http://pqdtopen.proquest.com/#viewpdf?dispub=10127908.

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This study examines how the state and federal courts have made decisions regarding public school students’ Fourth and Fifth Amendment rights in 105 cases during the years 2004 to 2015 when school resource officers were involved. Since the Supreme Court’s decision in New Jersey v. T.L.O. (1985), the requirement of only reasonable suspicion, as opposed to the more stringent Constitutional standard of probable cause in school searches and seizures, has resulted in conflicting decisions how school resource officers should work with school officials. This research found that both state and federal courts tend to decide for the school rather than the student in these types of incidents except in cases of egregious violations of students’ rights and dignity. The number and the nature of court cases suggest the need for improved training and communication among students, school personnel and school resource officers.

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Moller, Kerry. "The Right to Digital Privacy: Advancing the Jeffersonian Vision of Adaptive Change". Scholarship @ Claremont, 2014. http://scholarship.claremont.edu/cmc_theses/936.

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The relationship between privacy, technology, and law is complex. Thomas Jefferson’s prescient nineteenth century observation that laws and institutions must keep pace with the times offers a vision for change. Statutory law and court precedents help to define our right to privacy, however, the development of new technologies has complicated the application of old precedents and statutes. Third party organizations, such as Google, facilitate new methods of communication, and the government can often collect the information that third parties receive with a subpoena or court order, rather than a Fourth Amendment-mandated warrant. Privacy promotes fundamental democratic freedoms, however, under current law, the digital age has diminished the right to privacy in our electronic communications data. This work explores the statutory and constitutional law protecting our right to privacy, as well as the inadequacies that have developed with the digital revolution. With commonplace use of third parties to facilitate electronic communication, our courts and lawmakers must amend current laws and doctrines to protect the privacy of communications in the digital age. To provide clarity and appropriate data privacy protections, the following clarifications and amendments should be made to the third party doctrine and the Stored Communications Act (SCA): 1) third party doctrine should only apply to context data, 2) content data should be protected by the Fourth Amendment, 3) the SCA should eliminate the distinction between Remote Computing Services (RCS) data and Electronic Communication Services (ECS) data, and 4) the SCA should require warrants for all content data acquisition.
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Watt, James Robert. "Electronic workplace surveillance and employee privacy : a comparative analysis of privacy protection in Australia and the United States". Thesis, Queensland University of Technology, 2009. https://eprints.qut.edu.au/26536/1/James_Watt_Thesis.pdf.

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More than a century ago in their definitive work “The Right to Privacy” Samuel D. Warren and Louis D. Brandeis highlighted the challenges posed to individual privacy by advancing technology. Today’s workplace is characterised by its reliance on computer technology, particularly the use of email and the Internet to perform critical business functions. Increasingly these and other workplace activities are the focus of monitoring by employers. There is little formal regulation of electronic monitoring in Australian or United States workplaces. Without reasonable limits or controls, this has the potential to adversely affect employees’ privacy rights. Australia has a history of legislating to protect privacy rights, whereas the United States has relied on a combination of constitutional guarantees, federal and state statutes, and the common law. This thesis examines a number of existing and proposed statutory and other workplace privacy laws in Australia and the United States. The analysis demonstrates that existing measures fail to adequately regulate monitoring or provide employees with suitable remedies where unjustifiable intrusions occur. The thesis ultimately supports the view that enacting uniform legislation at the national level provides a more effective and comprehensive solution for both employers and employees. Chapter One provides a general introduction and briefly discusses issues relevant to electronic monitoring in the workplace. Chapter Two contains an overview of privacy law as it relates to electronic monitoring in Australian and United States workplaces. In Chapter Three there is an examination of the complaint process and remedies available to a hypothetical employee (Mary) who is concerned about protecting her privacy rights at work. Chapter Four provides an analysis of the major themes emerging from the research, and also discusses the draft national uniform legislation. Chapter Five details the proposed legislation in the form of the Workplace Surveillance and Monitoring Act, and Chapter Six contains the conclusion.
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Watt, James Robert. "Electronic workplace surveillance and employee privacy : a comparative analysis of privacy protection in Australia and the United States". Queensland University of Technology, 2009. http://eprints.qut.edu.au/26536/.

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Abstract (sommario):
More than a century ago in their definitive work “The Right to Privacy” Samuel D. Warren and Louis D. Brandeis highlighted the challenges posed to individual privacy by advancing technology. Today’s workplace is characterised by its reliance on computer technology, particularly the use of email and the Internet to perform critical business functions. Increasingly these and other workplace activities are the focus of monitoring by employers. There is little formal regulation of electronic monitoring in Australian or United States workplaces. Without reasonable limits or controls, this has the potential to adversely affect employees’ privacy rights. Australia has a history of legislating to protect privacy rights, whereas the United States has relied on a combination of constitutional guarantees, federal and state statutes, and the common law. This thesis examines a number of existing and proposed statutory and other workplace privacy laws in Australia and the United States. The analysis demonstrates that existing measures fail to adequately regulate monitoring or provide employees with suitable remedies where unjustifiable intrusions occur. The thesis ultimately supports the view that enacting uniform legislation at the national level provides a more effective and comprehensive solution for both employers and employees. Chapter One provides a general introduction and briefly discusses issues relevant to electronic monitoring in the workplace. Chapter Two contains an overview of privacy law as it relates to electronic monitoring in Australian and United States workplaces. In Chapter Three there is an examination of the complaint process and remedies available to a hypothetical employee (Mary) who is concerned about protecting her privacy rights at work. Chapter Four provides an analysis of the major themes emerging from the research, and also discusses the draft national uniform legislation. Chapter Five details the proposed legislation in the form of the Workplace Surveillance and Monitoring Act, and Chapter Six contains the conclusion.
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Medwed, Eric. "The "special needs" doctrine and the erosion of Fourth Amendment rights in the public school system". 2007. http://purl.galileo.usg.edu/uga%5Fetd/medwed%5Feric%5Fb%5F200705%5Fedd.

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Libri sul tema "Fourth Amendment rights"

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Institute, Pennsylvania Bar, a cura di. Successful and strategic First and Fourth amendment litigation. Mechanicsburg, PA (5080 Ritter Rd., Mechanicsburg 17055-6903): Pennsylvania Bar Institute, 2004.

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2

United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution. Anti-terrorism investigations and the Fourth Amendment after September 11, 2001: Hearing before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Eighth Congress, first session, May 20, 2003. Washington: U.S. G.P.O., 2003.

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3

United States. Congress. Senate. Committee on the Judiciary. A proposed constitutional amendment to establish a bill of rights for crime victims: Hearing before the Committee on the Judiciary, United States Senate, One Hundred Fourth Congress, second session, on S.J. Res. 52 ... April 23, 1996. Washington: U.S. G.P.O., 1997.

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4

United States. Congress. Senate. Committee on Governmental Affairs. S. 1629--the Tenth Amendment Enforcement Act of 1996: Hearings before the Committee on Governmental Affairs, United States Senate, One Hundred Fourth Congress, second session, on S. 1629 ... March 21, 1996--Washington, DC, June 3, 1996--Nashville, Tennessee, July 16, 1996--Washington, DC. Washington: U.S. G.P.O., 1996.

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Smith, Rich. Fourth Amendment: The right to privacy. Edina, Minn: ABDO Pub. Co., 2008.

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Franklin, Paula Angle. The Fourth Amendment. Morristown, NJ: Silver Burdett Press, 1991.

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Franklin, Paula Angle. The Fourth Amendment. Englewood Cliffs, N.J: Silver Burdett Press, 1991.

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8

Investigations, United States Congress Senate Committee on Energy and Natural Resources Subcommittee on Oversight and. First amendment activities on public lands: Hearing before the Subcommittee on Oversight and Investigations of the Committee on Energy and Natural Resources, United States Senate, One Hundred Fourth Congress, first session ... July 18, 1995. Washington: U.S. G.P.O., 1995.

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9

Cline, Ray S. Domestic security: First and fourth amendments. Washington, D.C. (1333 New Hampshire Ave., NW, Suite 910, Washington 20036): Washington Institute for Values in Public Policy, 1985.

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10

United States. Congress. House. Committee on the Judiciary. Proposals for a constitutional amendment to provide rights for victims of crime: Hearing before the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, second session, on H.J. Res. 173 and H.J. Res. 174 ... July 11, 1996. Washington: U.S. G.P.O., 1996.

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Capitoli di libri sul tema "Fourth Amendment rights"

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Blokhuis, J. C., Jonathan Feldman, Michael Imber e Tyll van Geel. "The Fourth Amendment Rights of Students". In Education Law, 169–221. Routledge, 2020. http://dx.doi.org/10.4324/9780429202926-5.

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"SEVEN The Fourth Amendment: Search and Seizure". In Origins of the Bill of Rights, 150–79. Yale University Press, 2017. http://dx.doi.org/10.12987/9780300129021-009.

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3

"Third-Party Consent Searches, the Supreme Court, and the Fourth Amendment". In The Rights of the Accused: The Justices and Criminal Justice, 11–43. Routledge, 2000. http://dx.doi.org/10.4324/9781315053622-7.

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4

Collins, Richard B., Dale A. Oesterle e Lawrence Friedman. "Bill of Rights". In The Colorado State Constitution, 35–84. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190907723.003.0002.

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This chapter examines the Colorado Bill of Rights. It focuses on situations in which Colorado rights have significance independent of the federal Bill of Rights. This occurs when a Colorado provision has no federal counterpart or is interpreted to limit state government more strictly than its federal equivalent. An important provision protects privacy against government searches and seizures somewhat more than the federal Fourth Amendment. Others provide protection against retroactive civil laws and provide for condemnation of easements to serve mining and agriculture interests. Explicit provisions protect property rights of alien residents and require owners’ consent to municipal annexations. The chapter also explains Colorado’s unique path to constitutional protection of equal protection of the laws.
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"4. Building the Floor: Preserving the Fourth Amendment Rights of Undocumented Migrants". In Alienated, 69–91. New York University Press, 2022. http://dx.doi.org/10.18574/nyu/9780814708040.003.0008.

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"The Third-Party Doctrine Dilemma and the Outsourcing of Our Fourth Amendment Rights". In Smart Surveillance, 141–61. Cambridge University Press, 2019. http://dx.doi.org/10.1017/9781108692939.008.

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Woodward-Burns, Robinson. "Progressive Experimentation, 1878–1931". In Hidden Laws, 90–144. Yale University Press, 2021. http://dx.doi.org/10.12987/yale/9780300248692.003.0005.

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This chapter discusses progressive-era politics in five roughly chronological steps. The first and second sections recount how most states, in the absence of federal action, implemented the income tax and direct election of senators in the 1890s and 1910s, aiding the later passage of the matching Sixteenth and Seventeenth Amendments to the federal Constitution in 1913. The third section describes the long fight for female suffrage through state constitutional reform in the 1900s and 1910s, eventually yielding the accompanying federal Nineteenth Amendment. The fourth section concerns prohibition, a case of national deference to the states, failed dictation of national liquor law, and state convergence around repeal between the 1910s and 1930s. The chapter concludes with an explanation of how state constitution-making pre-empted federal amendments on parochial schooling, polygamy, child labor, and civil and voting rights in these years.
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Strandmark, Matthew. "The War on Drugs, the Militia, and the Fourth of July". In Gatewood, 99–126. University Press of Kentucky, 2023. http://dx.doi.org/10.5810/kentucky/9780813198415.003.0007.

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This chapter begins by following the death of Gary Shepherd and the impact that the federal "War on Drugs" had on Kentucky. It also introduces Kim Eisner, Gatewood's longtime partner, and the "Science & Truth Hearings" organized by Gatewood following the 1991 election that focused on medical marijuana. The chapter includes Gatewood's engagement with militia groups in Kentucky, his increased interest in second amendment rights, and his cooperation with Norm Davis, a leading voice in this area. It concludes by covering his 1995 run for Governor with running mate Jerry Hammond, his electoral defeat, and finally his arrest during a protest of Lexington's 4th of July parade.
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9

Margulis, Chloe S., e Brian J. Galli. "GPS Patents and Their Effects on Our Future and Rights". In Cyber Warfare and Terrorism, 671–84. IGI Global, 2020. http://dx.doi.org/10.4018/978-1-7998-2466-4.ch041.

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The interest in GPS technology has led to the filing of many GPS patents. Although not all the filed patents result in the production of final products, there has been a rise in the question of GPS Technology and its ethical values in relation to privacy, rights, and government surveillance. Aside from covering the above issue, this paper will also discuss the branching of from GPS technology, development, and ethical implications to GIS mapping and RFID tagging in modern society. The main dilemma addressed will focus on the legality of taking people's locations in patented applications, devices, and programs, and using them for various needs, whether the user is aware or unaware of this. Will this be considered an infringement on personal rights and liberties, specifically pertaining to the Fourth Amendment?
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10

Valasik, Matthew, e P. Jeffrey Brantingham. "“Somebody’s Watching Me”". In The Oxford Handbook of Gangs and Society, 809–31. Oxford University Press, 2024. http://dx.doi.org/10.1093/oxfordhb/9780197618158.013.38.

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Abstract Tension remains between how gangs are policed by law enforcement and whether such practices are overtly invading the privacy of citizens or infringing their Fourth Amendment rights. Such concerns have risen in the era of big data and predictive analytics. This chapter discusses the policing of gangs, both conventionally and through data-driven approaches. As the implementation and use of data-driven policing across the 18,000 police jurisdictions in the United States remains inconsistent and uneven, the Los Angeles Police Department’s (LAPD) anti-gang policing strategies will be the focus given their longstanding engagement with street gangs and their employment of a variety of innovative approaches over the years. Overall, this chapter concludes that the policing of gangs remains a low-tech process focused primarily on reaction to and investigation of crimes.
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Atti di convegni sul tema "Fourth Amendment rights"

1

Krug, Lindsey. "Corpus Comunis: precedent, privacy, and the United States Supreme Court, in seven architectural case studies". In 111th ACSA Annual Meeting Proceedings. ACSA Press, 2023. http://dx.doi.org/10.35483/acsa.am.111.57.

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Following World War II, as America grappled with the cultural revolution of the 1950s and 60s and defining its identity domestically and on the world stage, a core tenet of American life bubbled to the surface of political, social, and aesthetic discourse: privacy. Once the revelry of the Allies’ win in the World War cooled into the precarity of the Cold War, American democracy and the culture it afforded its citizens were positioned and advertised, first and foremost, in opposition to the totalitarian government and culture of the Soviet Union. In her book Pursuing Privacy in Cold War America (2002), American literature scholar Deborah Nelson attributes the eulogizing of privacy that emerged in Cold War America to heightened national security discourse and the accompanying fear of the Eastern Bloc.1 The trajectory of American life would be forever shaped by this discourse, and nowhere is its lasting influence more evident than in two layers of American infrastructure: law and the built environment. Conceptually, privacy presents a straightforward notion, so much so that it’s often defined and understood in a binary condition: that which is not public. However, the public versus private dichotomy quickly dissolves when presented in legal and architectural contexts. Perhaps surprisingly, the word privacy does not appear in the United States Constitution and, thus, has not always been a guar-anteed, fundamental right. Privacy was first acknowledged as a right bestowed in America’s founding documents in the U.S. Supreme Court (SCOTUS) case of Griswold v. Connecticut (1965). This case granted married couples the right to use contraception on the grounds that this was within the confines of their private lives and not to be meddled with by the government. Justice William Douglas wrote for the Court’s majority: “Specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance. Various guarantees create zones of privacy.”2 Exceedingly spatial in this description, these shadowy zones of implied privacy rights can be located in the First, Third, Fourth, Ninth, or Fourteenth Amendments, or some combination therein, depending on constitutional interpretation. In the discipline of architecture, where we construct and delineate private and public spaces, it’s worth mapping the evolution of legal privacy with the evolution of private space. Where do these zones of privacy exist spatially, and how are they occupied? How can we begin to characterize the role of architecture, past and present, as good or bad, antagonistic or protective, and as an active player in this discourse? Using digital modeling and imaging tools, Corpus Comunis assembles and excavates material from a lineage of seven Supreme Court cases from 1965 to 2022 to establish a cohesive visual language through which we can speculate on how law and architecture together have, and may continue to, define the extents of our private, interior lives.
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2

Sarhan Abud Al-Azawi, Faisal, e Sali Ibrahim Ahmad. "The Contemporary Government Accounting System And Its Role In Achieving The Requirements Of The External Environment Of The Tax System In Iraq, A Study Of Concepts And Application Mechanism". In 11th International Conference of Economic and Administrative Reform: Necessities and Challenges. University of Human Development, 2022. http://dx.doi.org/10.21928/icearnc/26.

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The issue of accountability is one of the most important foundations of a healthy society that seeks to build a generation that is committed to its national and moral responsibilities. And that any defect in the accounting system in a society will negatively affect the credibility of the law and the individual's loyalty to his society because it will properly regulate the relationship between the law and its actual application, Accountability has a role in all areas of life, including tax, where the importance of accounting converges with the importance of taxes since ancient times, because tax is a legitimate right of the state, society and citizen. This importance of accounting lies in the integrity of the procedures followed in collecting funds correctly by the employees working to collect them in accordance with the established tax laws and regulations, and accordingly, cadres must be armed with knowledge and full knowledge of the laws, regulations and accounting methods. Hence the importance of research by providing accounting programs for employees working in this field to help them and raise their efficiency. The first topic of the study showed the concept of government accounting, its most important functions and characteristics, while the second topic included the external tax system environment, which was represented by tax legislation in Iraq, taxpayers, the level of tax awareness, informants, supporting administrations, the tax judiciary, the accounting profession, technological progress, General budget statements, the media, and the constitution. The third topic showed the practical aspect through hypothesis testing. The fourth topic came with the most important conclusions, which is that the taxpayer has the right to choose the appropriate measurement method provided that it is not changed from year to year except with the approval of the tax administration, meaning that the accepted measurement procedures are tax-acceptable unless such a procedure is prohibited or specified a method in its own right. Measurement methods. We also recommend that in order to calculate the tax profit, amendments must be made to its financial legislation and instructions
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3

Sarhan Abud Al-Azawi, Faisal, e Sali Ibrahim Ahmad. "The Contemporary Government Accounting System And Its Role In Achieving The Requirements Of The External Environment Of The Tax System In Iraq, A Study Of Concepts And Application Mechanism". In 11th International Conference of Economic and Administrative Reform: Necessities and Challenges. University of Human Development, 2022. http://dx.doi.org/10.21928/uhdicearnc/26.

Testo completo
Abstract (sommario):
The issue of accountability is one of the most important foundations of a healthy society that seeks to build a generation that is committed to its national and moral responsibilities. And that any defect in the accounting system in a society will negatively affect the credibility of the law and the individual's loyalty to his society because it will properly regulate the relationship between the law and its actual application, Accountability has a role in all areas of life, including tax, where the importance of accounting converges with the importance of taxes since ancient times, because tax is a legitimate right of the state, society and citizen. This importance of accounting lies in the integrity of the procedures followed in collecting funds correctly by the employees working to collect them in accordance with the established tax laws and regulations, and accordingly, cadres must be armed with knowledge and full knowledge of the laws, regulations and accounting methods. Hence the importance of research by providing accounting programs for employees working in this field to help them and raise their efficiency. The first topic of the study showed the concept of government accounting, its most important functions and characteristics, while the second topic included the external tax system environment, which was represented by tax legislation in Iraq, taxpayers, the level of tax awareness, informants, supporting administrations, the tax judiciary, the accounting profession, technological progress, General budget statements, the media, and the constitution. The third topic showed the practical aspect through hypothesis testing. The fourth topic came with the most important conclusions, which is that the taxpayer has the right to choose the appropriate measurement method provided that it is not changed from year to year except with the approval of the tax administration, meaning that the accepted measurement procedures are tax-acceptable unless such a procedure is prohibited or specified a method in its own right. Measurement methods. We also recommend that in order to calculate the tax profit, amendments must be made to its financial legislation and instructions
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