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Google+Question: Do Katz and Berger support the concept that a “reasonable expectation of privacy” determines when a “search” or “seizure” has occurred in violation of the Fourth Amendment? In Katz, the majority opinion speaks of justifiable reliance determining what is … Continued
Monthly Archives: March 2007
Gaps Between Teaching and Skills in Law
A large majority of lawyers perceive critical gaps between what they are taught in law schools and the skills they need in the workplace, and appropriate technologies are not being used to help close this gap. — Gene Koo, New … Continued
Reasonable Expectations of Privacy in Civilian and Military Workplaces
United States v. Long, 64 M.J. 57 (2006) Appellee was charged with unlawful drug use violating Unif. Code Mil. Justice art. 112a, 10 U.S.C.S. § 912a. Defense motions to suppress incriminating e-mails seized from appellee’s account on a government computer … Continued
Deference to Congress' Findings
To defer to Congress without sufficient review would ignore the Supreme Court’s constitutional role: “It is emphatically the province and duty of the judicial department to say what the law is.” Marbury v. Madison, 5 U.S. 137, 177 (1803). Allowing … Continued
The Particularity of Paratext
It is important to realize that paratext and other codes and signs in the work do not merely exist (though they may occupy many levels of intentionality, from completely unintentional on the part of the author but intended by the … Continued
New Jersey and the Right to Privacy
[T]he right to privacy of New Jersey citizens under our State Constitution has been expanded to areas not afforded such protection under the Fourth Amendment. . . . [O]nly New Jersey appears to have recognized a right to what has … Continued
Search & Seizure of Stored Email
Can the government conduct secret, warrantless searches and seizures of email stored with a third party? In Warshak v. United States, the 6th U.S. Circuit Court of Appeals is currently considering the issue of government access to stored electronic mail … Continued
Wifi-based Location Determination
A new method of computer-based tracking has recently emerged: wifi. A company has been sending trucks all over the U.S. and Canada mapping access points, addresses and names, and now claims that they have technology to say where you are … Continued
Gifts Bespeak Relationships
One of the specific narrative methods of establishing community, of creating and maintaining shared world-views, is gift exchange. In contrast to the exchange of commodities, the exchange of gifts establishes enduring connections between people. It is the cardinal difference between … Continued
Balance and the 4th Amendment
A fundamental point of contention in a democratic society is the need to balance the enforcement of laws with the rights of citizens. In the United States, the 4th Amendment to the Constitution protects the rights of citizens to be … Continued
Prefaces, Prologues and Paratext
A preface or prologue is a sort of pretext to the writing that follows it; it sets up the reader, as it were, to encounter the text that it introduces. It attempts to mediate then, between the world of the … Continued
