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Constitutional Law & Criminal Procedure

The Mosaic Theory: How the Intersection of Mass Surveillance and Facial Recognition is Provoking an Orwellian Future
November 05, 2023 EDT
The Mosaic Theory: How the Intersection of Mass Surveillance and Facial Recognition is Provoking an Orwellian Future
Samantha L. Shamhart

This comment examines the mosaic theory and its invasive use of technology that violates Fourth Amendment rights.

Justice Alito and the Government Speech Doctrine
November 05, 2023 EDT
Justice Alito and the Government Speech Doctrine
David L. Hudson, Jr.

This article discusses the significant contributions Justice Alito has made to the government speech doctrine by examining four of his opinions.

Protecting the Miranda Rights of Vulnerable Suspects: The Hidden Disability of Language Impairment
November 13, 2022 EDT
Protecting the Miranda Rights of Vulnerable Suspects: The Hidden Disability of Language Impairment
Lindsay L. Miller

This article discusses the effect a language impairment has on vulnerable suspects and proposes a practical assessment tool in order to provide greater protections.

Ears in the Sky: How the Technology of ShotSpotter is Eroding Fourth Amendment Protections
November 13, 2022 EDT
Ears in the Sky: How the Technology of ShotSpotter is Eroding Fourth Amendment Protections
Gage Righter

This note explores the constitutional implications of the emerging technology, ShotSpotter, on individual rights and communities as a whole. Is the sound of a gun shot reasonable suspicion?

November 08, 2022 EDT
Aiming for Safety: Implementing Firearm Training Statutes, Balanced by Second Amendment Jurisprudence
Emily D. Asher

This note provides model firearm training provisions while discussing the policy reasons for implementing required firearm training, constitutional firearm regulations, and the need for firearm training.

November 04, 2021 EDT
Striking Marijuana Residency Requirements is Sweeter with Tennessee Wine
Olivia Mirich

This comment analyzes marijuana residency requirements and their shaky constitutional footing.

Data at The Border: Resolving the Circuit Split and Proposing New Procedural Standards for Warrantless Border Searches of Cell Phones
April 09, 2021 EDT
Data at The Border: Resolving the Circuit Split and Proposing New Procedural Standards for Warrantless Border Searches of Cell Phones
Rebecca Hill

This note argues that it is necessary for the Supreme Court to resolve the current circuit split on warrantless searches of cell phones at the United States Border

Compulsory Disclosure of Contributions to Political Nonprofits: A Safeguard Against Corruption, or a Slippery Slope to Political Disinvolvement?
March 04, 2021 EDT
Compulsory Disclosure of Contributions to Political Nonprofits: A Safeguard Against Corruption, or a Slippery Slope to Political Disinvolvement?
Ryan Stewart

This note argues against the expansion of disclosure laws and proposes neutral solutions to uphold the integrity of American elections while promoting the individual’s freedom to express their views.

Now You See Me: An Examination of the Legality of Police Use of Utility Pole Surveillance Cameras
April 21, 2020 EDT
Now You See Me: An Examination of the Legality of Police Use of Utility Pole Surveillance Cameras
Taylor Cutteridge

This comment explores the legality of police use of utility pole surveillance cameras without a warrant.

The Possible Lingering Effects of Mini-DOMAs
December 01, 2019 EDT
The Possible Lingering Effects of Mini-DOMAs
Mark Strasser

If a couple celebrates a marriage elsewhere notwithstanding their domicile’s refusal to recognize such a marriage, certain federal benefits would be accorded to the couple whereas others would not.

December 01, 2019 EDT
Ohio’s 2004 Super-DOMA: Popular Constitutionalism and Normalization in the Marriage. Equality Debate
William N. Eskridge Jr.

In the early part of this century, traditional family value organizations and their political allies were pressing for DOMA in Congress.

June 12, 2019 EDT
Presidential Residual Power in Foreign Affairs
Louis Fisher

As with other branches of government, the President has access to a combination of enumerated and implied powers.