Fourth 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 Fourth Amendment to the U.S. Constitution guarantees freedom from government intrusion into indi...
Part I of this Article briefly discusses the history and origins of the Fourth Amendment and its rel...
Fourth Amendment doctrines created in the 1970s and 1980s no longer reflect how the world works. The...
Technology has transformed government surveillance and opened traditionally private information to o...
In a world in which Americans are tracked on the Internet, tracked through their cell phones, tracke...
Perhaps no Constitutional amendment gets tried and tested more than the Fourth Amendment. Each year,...
The ongoing dragnet communications surveillance programs raise multiple statutory and constitutional...
The Fourth Amendment protects people’s reasonable expectations of privacy when there is an actual, s...
The Fourth Amendment to the Constitution of the United States prohibits unreasonable searches and se...
Technology has always presented itself as a problem for the court system. As the pace of technologic...
Society has long struggled with the meaning of privacy in a modern world. This struggle is not new. ...
We are in the midst of a revolution in information collection and telecommunications. Computer netwo...
Despite complying with the new amendments to Federal Rule of Criminal Procedure 41, the Federal Bure...
This Article seeks to uncover invisible gender, race, and class biases driving modern Fourth Amendme...
The Supreme Court\u27s Fourth Amendment jurisprudence is often critiqued, particularly the Court\u27...
The Fourth Amendment to the U.S. Constitution guarantees freedom from government intrusion into indi...
Part I of this Article briefly discusses the history and origins of the Fourth Amendment and its rel...
Fourth Amendment doctrines created in the 1970s and 1980s no longer reflect how the world works. The...
Technology has transformed government surveillance and opened traditionally private information to o...
In a world in which Americans are tracked on the Internet, tracked through their cell phones, tracke...
Perhaps no Constitutional amendment gets tried and tested more than the Fourth Amendment. Each year,...
The ongoing dragnet communications surveillance programs raise multiple statutory and constitutional...
The Fourth Amendment protects people’s reasonable expectations of privacy when there is an actual, s...
The Fourth Amendment to the Constitution of the United States prohibits unreasonable searches and se...
Technology has always presented itself as a problem for the court system. As the pace of technologic...
Society has long struggled with the meaning of privacy in a modern world. This struggle is not new. ...
We are in the midst of a revolution in information collection and telecommunications. Computer netwo...
Despite complying with the new amendments to Federal Rule of Criminal Procedure 41, the Federal Bure...
This Article seeks to uncover invisible gender, race, and class biases driving modern Fourth Amendme...
The Supreme Court\u27s Fourth Amendment jurisprudence is often critiqued, particularly the Court\u27...
The Fourth Amendment to the U.S. Constitution guarantees freedom from government intrusion into indi...
Part I of this Article briefly discusses the history and origins of the Fourth Amendment and its rel...