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Current Issue
Jan. 2013, Vol. 65, No. 1
Articles
David Haddock, Tonja Jacobi, & Matthew Sag, League Structure &Stadium Rent Seeking— the Role of Antitrust Revisited
Steven J. Cleveland, Resurrecting Deference to the Securities and Exchange Commission: Mark Cuban Trading on Inside information
Janai S. Nelson, The First Amendment, Equal Protection and Felon Disenfranchisement: A New Viewpoint
Sergio J. Campos, Erie as a Choice of Enforcement Defaults
Hanah Metchis Volokh, Constitutional Authority Statements in Congress
Sapna Kumar, The Accidental Agency?
Christian Turner, State Action Problems
Tag Archives: Fourth Amendment
Michael J. Hooi, Qualified Immunity: When is a Loss Ultimately a Win?
60 Fla. L. Rev. 979 (2008) | | | | TEXT :: Scott v. Harris, 127 S. Ct. 1769 (2007) A Georgia sheriff’s deputy clocked Victor Harris driving seventy-three miles per hour in a fifty-five mile per hour zone. After … Continue reading
Posted in Civil Procedure, Criminal Law, Criminal Procedure, Fourth Amendment, Uncategorized
Tagged 1983, 42 U.S.C., Airforce, balance, establish a right, Fourth Amendment, Harlow v. Fitzgerald, Hooi, law enforcement, police officers, public policy, Qualified Immunity, shielding officers from liability, Victor Harris
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Peter Koclanes, Unreasonable Seizure: “Stop and Identify” Statutes Create an Illusion of Safety by Sacrificing Real Privacy: Hiibel v. Sixth Judicial District Court, 124 S. Ct. 2451 (2004)
57 Fla. L. Rev. 431 (2005) | | | | TEXT :: In the course of a lawful stop, police asked Petitioner, Larry Hiibel, to identify himself, a demand permissible under Nevada’s “stop and identify” statute. After refusing to give … Continue reading
Posted in Constitutional Law, Criminal Law, Criminal Procedure, Fourth Amendment, Uncategorized
Tagged 124 S. Ct. 2451, arrest, Breyer, Brown v. Texas, coercion, constitutional law, Fifth Amendment, fingerprinting, fingerprints, Fourth Amendment, Ginsberg, Hayes v. Florida, Hiibel v. Sixth Judicial District Court, Illusion of Safety, Justice White, Kennedy, Koclanes, Nevada Law, police questioning, Privacy, probable cause, public interest, rape, Reasonable Suspicion, Souter, Stop and Identify, Terry v. Ohio, Unreasonable Seizure
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William R. Snyder, Jr., Slipping Down the Slope of Probable Cause: An Unreasonable Exception to What Was Once a Reasonable Rule: Hiibel v. Sixth Judicial District Court, 124 S. Ct. 2451 (2004)
57 Fla. L. Rev. 445 (2005) | | | | TEXT :: Upon receiving a call reporting possible domestic violence, a sheriff’s deputy in Humboldt County, Nevada detained Petitioner under the authority of a state statute allowing an officer to … Continue reading
Posted in Constitutional Law, Criminal Law, Criminal Procedure, Fourth Amendment, Uncategorized
Tagged 124 S. Ct. 2451, authority, balancing test, birght-line requirement, diminished standard, efficacy, Fifth Amendment, Fourth Amendment, Hayes v. Florida, Hiibel v. Sixth Judical District Court, Papachristou v. City of Jacksonville, patdown, probable cause, Snyder, suspcicion, traditionally strict limitations, Unreasonable Exception, vagrancy
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Jeffrey A. Bekiares, Constitutional Law: Ratifying Suspicionless Canine Sniffs: Dog Days on the Highways
57 Fla. L. Rev. 963 (2005) | | | | TEXT :: Respondent, a motorist on an Illinois highway, was arrested and charged with one count of cannabis trafficking in contravention of chapter 720, section 550/5.1(a) of the Illinois Code. … Continue reading
Posted in Constitutional Law, Criminal Law, Criminal Procedure, Fourth Amendment, Uncategorized
Tagged Bekiares, cannabis, Chapter 720 section 550/5.1(a), City of indianapolis v. Edmond, constitutionally protected area, Dog Days, drug enforcement, Fourth Amendment, fruit of an illegal search, Highways, Illinois highway, marijuana, Motorist Traffic, narcotics-detection dog, patrol car, physical intrusion, Place Decision, roadblock, special needs, States v. Place, Suspicionless Canine Sniffs, Terry v. Ohio, unreasonable, Warrant
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Daniel J. Steinbock, National Identity Cards: Fourth and Fifth Amendment Issues
56 Fla. L. Rev. 697 (2004) | | | | INTRODUCTION :: In the frenzied days and weeks following September 11, 2001, many observers called for serious consideration of a national identity system, the centerpiece of which would be some … Continue reading
Posted in Constitutional Law, Criminal Law, Criminal Procedure, Evidence, Fourth Amendment, Uncategorized
Tagged 2001, anonymity, biometric identifiers, border control, electoral fraud, Fifth Amendment, Fourth Amendment, fourth amendment scrutiny, freedom of movement, identity checking, identity theft, illegal immigration, liberty, movement, National Identity Cards, passports, Privacy, September 11, Steinbock, surveillance, suspicionless identification checkpoings
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David E. Steinberg, The Original Understanding of Unreasonable Searches and Seizures
56 Fla. L. Rev. 1051 (2004) | | | | INTRODUCTION :: Today, the Fourth Amendment to the United States Constitution covers most government evidence-gathering activities. In search and seizure cases, after determining that the Fourth Amendment applies to an … Continue reading
Posted in Constitutional Law, Criminal Law, Criminal Procedure, Evidence, Fourth Amendment, Governments and Legislation, Uncategorized
Tagged automobile checkpoints, Fourth Amendment, government evidence-gathering activities, historical record, oliver v. united states, open fields, Original understanding, random drug tests, search and seizure, sense-enhanced searches, Steinberg, Unreasonable searches and seizures
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