Constitutional Law & Criminal Procedure

December 23, 2024 EDT

WHY THE RULE OF LAW PROJECT DEMANDS EXTRALEGAL CHANGE

Alani Golanski

This article explores whether the rule of law project can evaluate conditions in society distinct from attributes of the legal system or sources rooted in power.

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.

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.

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.

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.

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

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.

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.

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.