Add to ORKGFourth Amendment doctrines created in the 1970s and 1980s no longer reflect how the world works. The formal legal distinctions on which they rely—(a) private versus public space, (b) personal information versus third party data, (c) content versus non-content, and (d) domestic versus international—are failing to protect the privacy interests at stake. Simultaneously, reduced resource constraints are accelerating the loss of rights. The doctrine has yet to catch up with the world in which we live. A necessary first step for the Court is to reconsider the theoretical underpinning of the Fourth Amendment, to allow for the evolution of a more effective normative framing. Failure to do so will mean the continued retraction of Fourth Amendment pr...
The Supreme Court\u27s Fourth Amendment jurisprudence is often critiqued, particularly the Court\u27...
The text of the Fourth Amendment provides no guidance about what makes a search unreasonable or when...
For fifty years, courts have used a “reasonable expectation of privacy” standard to define “searches...
Fourth Amendment doctrines created in the 1970s and 1980s no longer reflect how the world works. The...
Fourth Amendment rules must be rethought for the facts of digital evidence collection. Traditional F...
Society has long struggled with the meaning of privacy in a modern world. This struggle is not new. ...
The expansion of computers in American society has led to new developments in Fourth Amendment doctr...
The Fourth Amendment protects people’s reasonable expectations of privacy when there is an actual, s...
Perhaps no Constitutional amendment gets tried and tested more than the Fourth Amendment. Each year,...
Physical-world law may not be suitable for cyberspace. For example, the Supreme Court\u27s sufficie...
Technology has transformed government surveillance and opened traditionally private information to o...
The goal of this paper is to examine the future of the third-party doctrine with the proliferation o...
This Article argues that federal courts should seize the opportunity presented by the Snowden leaks ...
To one who values federalism, federal preemption of state law may significantly threaten the autonom...
Communications technology is continuously advancing in today’s society. Over the last few decades, t...
The Supreme Court\u27s Fourth Amendment jurisprudence is often critiqued, particularly the Court\u27...
The text of the Fourth Amendment provides no guidance about what makes a search unreasonable or when...
For fifty years, courts have used a “reasonable expectation of privacy” standard to define “searches...
Fourth Amendment doctrines created in the 1970s and 1980s no longer reflect how the world works. The...
Fourth Amendment rules must be rethought for the facts of digital evidence collection. Traditional F...
Society has long struggled with the meaning of privacy in a modern world. This struggle is not new. ...
The expansion of computers in American society has led to new developments in Fourth Amendment doctr...
The Fourth Amendment protects people’s reasonable expectations of privacy when there is an actual, s...
Perhaps no Constitutional amendment gets tried and tested more than the Fourth Amendment. Each year,...
Physical-world law may not be suitable for cyberspace. For example, the Supreme Court\u27s sufficie...
Technology has transformed government surveillance and opened traditionally private information to o...
The goal of this paper is to examine the future of the third-party doctrine with the proliferation o...
This Article argues that federal courts should seize the opportunity presented by the Snowden leaks ...
To one who values federalism, federal preemption of state law may significantly threaten the autonom...
Communications technology is continuously advancing in today’s society. Over the last few decades, t...
The Supreme Court\u27s Fourth Amendment jurisprudence is often critiqued, particularly the Court\u27...
The text of the Fourth Amendment provides no guidance about what makes a search unreasonable or when...
For fifty years, courts have used a “reasonable expectation of privacy” standard to define “searches...