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LAW (713 journals)                  1 2 3 4 | Last

Showing 1 - 200 of 354 Journals sorted alphabetically
ABA Journal Magazine     Full-text available via subscription   (Followers: 20)
Acta Juridica     Full-text available via subscription   (Followers: 9)
Acta Politica     Hybrid Journal   (Followers: 13)
Acta Universitatis Danubius. Juridica     Open Access  
Actualidad Jurídica Ambiental     Open Access   (Followers: 1)
Adelaide Law Review     Full-text available via subscription   (Followers: 20)
Administrative Law Review     Open Access   (Followers: 40)
Aegean Review of the Law of the Sea and Maritime Law     Hybrid Journal   (Followers: 7)
African Journal of Legal Studies     Hybrid Journal   (Followers: 8)
African Journal on Conflict Resolution     Open Access   (Followers: 17)
Afrilex     Open Access   (Followers: 5)
Air and Space Law     Full-text available via subscription   (Followers: 20)
Akron Law Review     Open Access   (Followers: 4)
Alaska Law Review     Open Access   (Followers: 10)
Albany Law Review     Free   (Followers: 6)
Alberta Law Review     Full-text available via subscription   (Followers: 15)
Alternative Law Journal     Hybrid Journal   (Followers: 3)
Alternatives : Global, Local, Political     Hybrid Journal   (Followers: 16)
Amazon's Research and Environmental Law     Open Access   (Followers: 3)
American Journal of Comparative Law     Full-text available via subscription   (Followers: 56)
American Journal of Jurisprudence     Hybrid Journal   (Followers: 17)
American Journal of Law & Medicine     Full-text available via subscription   (Followers: 13)
American Journal of Legal History     Full-text available via subscription   (Followers: 6)
American Journal of Trial Advocacy     Full-text available via subscription   (Followers: 8)
American University Law Review     Open Access   (Followers: 16)
American University National Security Law Brief     Open Access   (Followers: 8)
Amicus Curiae     Open Access   (Followers: 5)
Amsterdam Law Forum     Open Access   (Followers: 9)
Anales de la Cátedra Francisco Suárez     Open Access  
Annales Canonici     Open Access  
Annual Survey of South African Law     Full-text available via subscription   (Followers: 5)
Anuario da Facultade de Dereito da Universidade da Coruña     Open Access  
Anuario de Psicología Jurídica     Open Access   (Followers: 1)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 4)
Appeal : Review of Current Law and Law Reform     Open Access   (Followers: 1)
Arbitration Law Monthly     Full-text available via subscription   (Followers: 2)
Arbitration Law Reports and Review     Hybrid Journal   (Followers: 13)
Arctic Review on Law and Politics     Open Access   (Followers: 1)
Arena Hukum     Open Access  
Argumenta Journal Law     Open Access   (Followers: 1)
Arizona Law Review     Open Access   (Followers: 4)
Arizona State Law Journal     Free   (Followers: 2)
Arkansas Law Review     Free   (Followers: 6)
Ars Aequi Maandblad     Full-text available via subscription   (Followers: 2)
Art + Law     Full-text available via subscription   (Followers: 11)
Article 40     Open Access   (Followers: 2)
Artificial Intelligence and Law     Hybrid Journal   (Followers: 10)
Asian American Law Journal     Open Access   (Followers: 3)
Asian Journal of Legal Education     Full-text available via subscription   (Followers: 5)
Asian Pacific American Law Journal     Open Access   (Followers: 2)
AStA Wirtschafts- und Sozialstatistisches Archiv     Hybrid Journal   (Followers: 5)
Asy-Syir'ah : Jurnal Ilmu Syari'ah dan Hukum     Open Access  
Australasian Law Management Journal     Full-text available via subscription   (Followers: 7)
Australian and New Zealand Sports Law Journal     Full-text available via subscription   (Followers: 8)
Australian Feminist Law Journal     Hybrid Journal   (Followers: 10)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 17)
Australian Journal of Legal History     Full-text available via subscription   (Followers: 18)
Ave Maria Law Review     Free   (Followers: 3)
Badamai Law Journal     Open Access  
Ballot     Open Access  
Baltic Journal of Law & Politics     Open Access   (Followers: 7)
Bar News: The Journal of the NSW Bar Association     Full-text available via subscription   (Followers: 5)
Behavioral Sciences & the Law     Hybrid Journal   (Followers: 24)
Beijing Law Review     Open Access   (Followers: 7)
Berkeley Journal of Entertainment and Sports Law     Open Access   (Followers: 6)
Berkeley Technology Law Journal     Free   (Followers: 11)
Bioethics Research Notes     Full-text available via subscription   (Followers: 14)
Bond Law Review     Open Access   (Followers: 18)
Boston College Environmental Affairs Law Review     Open Access   (Followers: 8)
Boston College Journal of Law & Social Justice     Open Access   (Followers: 10)
Boston College Law Review     Open Access   (Followers: 18)
Boston University Law Review     Free   (Followers: 11)
BRICS Law Journal     Open Access  
Brigham Young University Journal of Public Law     Open Access   (Followers: 8)
Brigham Young University Law Review     Full-text available via subscription   (Followers: 8)
British Journal of American Legal Studies     Open Access   (Followers: 1)
Brooklyn Law Review     Open Access   (Followers: 2)
Bulletin of Legal Medicine     Open Access   (Followers: 1)
Bulletin of Medieval Canon Law     Full-text available via subscription   (Followers: 3)
C@hiers du CRHIDI     Open Access  
Cadernos de Dereito Actual     Open Access   (Followers: 1)
Cadernos do Programa de Pós-Graduação em Direito - PPGDir./UFRGS     Open Access   (Followers: 1)
Cadernos Ibero-Americanos de Direito Sanitário     Open Access  
Cahiers, Droit, Sciences et Technologies     Open Access  
California Law Review     Open Access   (Followers: 20)
California Lawyer     Free  
California Western Law Review     Open Access   (Followers: 3)
Cambridge Law Journal     Hybrid Journal   (Followers: 150)
Campbell Law Review     Open Access   (Followers: 5)
Campus Legal Advisor     Hybrid Journal   (Followers: 2)
Case Western Reserve Law Review     Open Access   (Followers: 2)
Časopis pro právní vědu a praxi     Open Access  
Časopis zdravotnického práva a bioetiky     Open Access  
Catalyst : A Social Justice Forum     Open Access   (Followers: 10)
Catholic University Law Review     Open Access   (Followers: 3)
Chicago-Kent Law Review     Full-text available via subscription   (Followers: 4)
Chicana/o-Latina/o Law Review     Open Access   (Followers: 2)
China : An International Journal     Full-text available via subscription   (Followers: 16)
China-EU Law Journal     Hybrid Journal   (Followers: 4)
Chinese Journal of Comparative Law     Hybrid Journal   (Followers: 3)
Chinese Law & Government     Full-text available via subscription   (Followers: 6)
Cleveland State Law Review     Free   (Followers: 2)
College Athletics and The Law     Hybrid Journal   (Followers: 1)
Colombia Forense     Open Access  
Columbia Journal of Environmental Law     Free   (Followers: 9)
Columbia Journal of Law and Social Problems     Full-text available via subscription   (Followers: 16)
Columbia Law Review (Sidebar)     Open Access   (Followers: 16)
Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 5)
Comparative Law Review     Open Access   (Followers: 42)
Comparative Legal History     Full-text available via subscription   (Followers: 7)
Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 23)
Conflict Trends     Full-text available via subscription   (Followers: 9)
Cornell Law Review     Open Access   (Followers: 8)
Criterio Jurídico     Open Access  
Critical Analysis of Law : An International & Interdisciplinary Law Review     Open Access   (Followers: 3)
Cuadernos de Historia del Derecho     Open Access   (Followers: 7)
Cuestiones Juridicas     Open Access   (Followers: 2)
Current Legal Problems     Hybrid Journal   (Followers: 26)
Danube : The Journal of European Association Comenius - EACO     Open Access   (Followers: 2)
De Jure     Open Access   (Followers: 1)
De Rebus     Full-text available via subscription   (Followers: 1)
Deakin Law Review     Full-text available via subscription   (Followers: 14)
Defense Counsel Journal     Full-text available via subscription   (Followers: 1)
Democrazia e diritto     Full-text available via subscription   (Followers: 2)
Denning Law Journal     Full-text available via subscription   (Followers: 8)
DePaul Journal of Women, Gender and the Law     Open Access   (Followers: 2)
DePaul Law Review     Open Access   (Followers: 3)
Der Staat     Full-text available via subscription   (Followers: 13)
Derecho PUCP     Open Access   (Followers: 4)
Derecho y Ciencias Sociales     Open Access   (Followers: 1)
Die Verwaltung     Full-text available via subscription   (Followers: 10)
Dikaion     Open Access   (Followers: 1)
Dike     Open Access  
Direito e Desenvolvimento     Open Access   (Followers: 1)
Direito e Liberdade     Open Access  
Diritto penale contemporaneo     Free   (Followers: 2)
Diritto, immigrazione e cittadinanza     Open Access   (Followers: 4)
Dixi     Open Access  
Droit et Cultures     Open Access   (Followers: 7)
Droit et Médecine Bucco-Dentaire     Full-text available via subscription   (Followers: 1)
Droit, Déontologie & Soin     Full-text available via subscription   (Followers: 2)
Drug Science, Policy and Law     Full-text available via subscription  
Duke Environmental Law & Policy Forum     Open Access   (Followers: 6)
Duke Forum for Law & Social Change     Open Access   (Followers: 8)
Duke Journal of Gender Law & Policy     Open Access   (Followers: 16)
Duke Law & Technology Review     Open Access   (Followers: 10)
Duke Law Journal     Open Access   (Followers: 26)
DULR Online     Open Access   (Followers: 1)
East Asia Law Review     Open Access   (Followers: 1)
ECI Interdisciplinary Journal for Legal and Social Policy     Open Access   (Followers: 2)
Ecology Law Quarterly     Free   (Followers: 3)
Edinburgh Law Review     Hybrid Journal   (Followers: 21)
Education and the Law     Hybrid Journal   (Followers: 11)
El Cotidiano     Open Access   (Followers: 1)
Election Law Journal     Hybrid Journal   (Followers: 23)
Energy Law Journal     Full-text available via subscription   (Followers: 4)
Environmental Justice     Hybrid Journal   (Followers: 10)
Environmental Law Review     Full-text available via subscription   (Followers: 22)
Environmental Policy and Law     Hybrid Journal   (Followers: 15)
ERA-Forum     Hybrid Journal   (Followers: 5)
Espaço Jurídico : Journal of Law     Open Access   (Followers: 1)
ESR Review : Economic and Social Rights in South Africa     Open Access   (Followers: 4)
Ethnopolitics     Hybrid Journal   (Followers: 4)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 4)
EU agrarian Law     Open Access   (Followers: 3)
Europaisches Journal fur Minderheitenfragen     Hybrid Journal   (Followers: 2)
European Energy and Environmental Law Review     Full-text available via subscription   (Followers: 16)
European Journal for Education Law and Policy     Hybrid Journal   (Followers: 8)
European Journal of Comparative Law and Governance     Hybrid Journal   (Followers: 5)
European Journal of Law and Technology     Open Access   (Followers: 15)
European Journal of Psychology Applied to Legal Context     Open Access   (Followers: 5)
European Law Journal     Hybrid Journal   (Followers: 143)
European Public Law     Full-text available via subscription   (Followers: 35)
European Review of Contract Law     Hybrid Journal   (Followers: 22)
European Review of Private Law     Full-text available via subscription   (Followers: 30)
European Yearbook of Minority Issues Online     Hybrid Journal   (Followers: 5)
Evaluation Review     Hybrid Journal   (Followers: 12)
Evidence & Policy : A Journal of Research, Debate and Practice     Full-text available via subscription   (Followers: 9)
Faulkner Law Review     Full-text available via subscription   (Followers: 1)
Federal Communication Law Journal     Full-text available via subscription   (Followers: 1)
Federal Law Review     Full-text available via subscription   (Followers: 22)
Federal Probation     Full-text available via subscription   (Followers: 2)
Feminist Legal Studies     Hybrid Journal   (Followers: 16)
feminists@law     Open Access   (Followers: 5)
Fiat Justisia     Open Access  
First Amendment Studies     Hybrid Journal  
Florida Bar News     Free  
Florida Law Review     Open Access   (Followers: 4)
Florida State University Law Review     Open Access   (Followers: 4)
Fordham Environmental Law Review     Open Access   (Followers: 4)
Fordham Intellectual Property, Media and Entertainment Law Journal     Open Access   (Followers: 18)
Fordham Law Review     Open Access   (Followers: 14)
FORO. Revista de Ciencias Jurídicas y Sociales, Nueva Época     Open Access   (Followers: 2)
Fundamina : A Journal of Legal History     Open Access   (Followers: 7)
Geoforum     Hybrid Journal   (Followers: 23)
George Washington Law Review     Free   (Followers: 8)
Georgia Law Review     Open Access   (Followers: 2)
Georgia State University Law Review     Open Access   (Followers: 2)
Global Journal of Comparative Law     Hybrid Journal   (Followers: 2)

        1 2 3 4 | Last

Journal Cover Catholic University Law Review
  [SJR: 0.177]   [H-I: 6]   [3 followers]  Follow
    
  This is an Open Access Journal Open Access journal
   ISSN (Print) 0008-8390
   Published by Catholic University of America Homepage  [2 journals]
  • Titles II or III: Where Will the Wisdom of the Crowd Take Investors'

    • Authors: William P. Lane
      Abstract: Many small to moderate-sized businesses simply cannot afford the costs of the specialized accountants, underwriters, and attorneys necessary to meet the obligations that come with being a public company. To minimize these burdens recently approved regulations permit securities-based crowdfunding by certain private companies without registering the offering with the Securities and Exchange Commission.On April 5, 2012, Congress passed, and President Barack Obama signed, the Jumpstart Our Business Startups Act (JOBS Act) into law. The goal of the JOBS Act was to increase job creation and economic growth by improving access to the markets. Along with other provisions, the JOBS Act required the SEC to eliminate the general solicitation ban and general advertising prohibition for certain private securities offerings, and fashion an exemption allowing equity crowdfunding.This Note examines Titles II and III of the JOBS Act and explores whether these new additions to securities regulations will meet their objectives. In examining selected laws and regulations surrounding capital formation for public and private offerings, this Note analyzes whether the new additions to securities regulations, Titles II (Rule 506(c)) and III (Crowdfunding), will result in Congress’s intended goals. In its conclusion, this Note determines that while Title II is already widely used, Title III is unlikely to receive significant use and certainly not to the extent that was expected.
      PubDate: Mon, 03 Jul 2017 11:37:06 PDT
       
  • Does One Size Fit All' The Importance of State Natural Resource Damage
           Assessment Laws

    • Authors: Elizabeth Conti
      Abstract: Natural Resource Damage Assessments (NRDAs) are necessary for the purpose of ensuring restoration and revitalization to natural resources harmed or destroyed by environmental contaminations, whether natural or manmade. Many federal laws such as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Oil Pollution Act (OPA), and the Federal Water Pollution Control Act (CWA) are available to assess damages to natural resources. However, their effectiveness is limited due to factors such as lack of resources and funding, political intervention, and a multitude of damages to assess spread throughout the country. Many states have taken the lead in enacting NRDA laws that address local concerns and provide state-specific assessments and remedies better attuned to the priorities of the state’s needs.This Comment discusses why there should be more focus on state natural resource damage assessments aside from simply focusing on federal laws. Beginning with an overview of the major federal NRDA laws including CERCLA, the OPA, the CWA, and state NRDA laws., this Comment then explores case studies from two different states, California and Pennsylvania, and how applying both state and federal NRDA laws can paint a more descriptive picture of the differences and similarities between the state and federal laws. By comparing the NRDA laws of California and Pennsylvania, noting the successes and failures of each approach, this Comment concludes by proposing that the existing federal laws governing NRDA are not a one size fits all approach, and instead it encourages states to take the initiative in creating and strengthening their own NRDA laws for better environmental restoration.
      PubDate: Mon, 03 Jul 2017 11:37:03 PDT
       
  • The Third Party Doctrine and Physical Location: The Privacy Implications
           of Warrantless Acquisition of Historical Cell Site Location Information

    • Authors: Matthew G. Baker
      Abstract: The warrantless acquisition of cell site location information (CSLI) by law enforcement implicates serious privacy concerns for all cell phone owners. Through a series of cases in the Circuit Courts of Appeals, the judiciary has declared that there is no expectation of privacy in the historical location of cell phones. The third-party doctrine controls where a cell phone user voluntarily conveys his location to a cell service provider.This Comment discusses the history of the Fourth Amendment and the development of the expectation of privacy test, the third-party doctrine, and the tracking of vehicles with transponders. This Comment reviews a series of cases dealing with the warrantless acquisition of CSLI by law enforcement and the courts’ uniform response to allow the acquisition of location information under the third-party doctrine. Finally, this Comment argues for a legislative fix to require a warrant before law enforcement can access historical location information due to the large quantities of information that can be gleaned from historical locations alone.
      PubDate: Mon, 03 Jul 2017 11:36:59 PDT
       
  • Forever Barred: Reinstated Removal Orders and the Right to Seek Asylum

    • Authors: Hillary Gaston Walsh; J.D.
      Abstract: Amid the largest refugee crisis in history, noncitizens fleeing persecution are routinely barred from applying for asylum in the United States solely because they have a reinstated order of removal. This bar to asylum access is mandated by federal regulation, and it applies indiscriminately—regardless of whether the asylum seeker was persecuted after her initial removal order was entered or whether her initial removal was based on one of the numerous, well-documented errors border patrol officers make when issuing removal orders.This Article is the first academic piece to examine this regulation's statutory basis, including its legislative history and its troubling consequences. Based on a thorough analysis of the regulatory scheme's validity under the familiar Chevron framework and numerous policy considerations, this Article argues that the reinstatement of prior orders of removal should not bar asylum seekers from applying for asylum in the United States. This Article also explores how courts, the Department of Homeland Security, and Congress can resolve the tension created between the regulatory and underlying statutory scheme and the policy concerns flowing from it.
      PubDate: Mon, 03 Jul 2017 11:36:55 PDT
       
  • Miranda’s Near Death Experience: Reflections on the Occasion of
           Miranda’s Fiftieth Anniversary

    • Authors: Eugene R. Milhizer
      Abstract: Miranda v. Arizona is widely regarded as one of the most controversial Supreme Court decisions in U.S. history. Shortly after the case was decided, Gallop Polls indicated that 63% of the public felt the Supreme Court was too soft on criminals. But despite its controversy, Miranda has become so widely accepted in popular culture that most people cannot imagine a criminal justice system without it. This wide spread acceptance, however, is more of a recent phenomenon in the landmark case’s history.This article discusses Miranda’s tumultuous past; its harsh criticism from the legal community, academics, and the public at large. This article discusses how Miranda was contorted and reshaped by the Supreme Court over the past fifty years, turning it into something that is distinct from its original version. It describes the eventual embrace of Miranda by not only the public, but by law enforcement and prosecutors as well. Miranda provides guidelines that have shaped criminal procedure in a way that can be beneficial to all parties, thus effectively securing its place in criminal procedure for years to come.
      PubDate: Mon, 03 Jul 2017 11:36:51 PDT
       
  • Death Row Dogs, Hard Time Prisoners, and Creative Rehabilitation
           Strategies: Prisoner-Dog Training Programs

    • Authors: Paul J. Larkin; Jr.
      Abstract: More and more prisons have witnessed the success of Prisoner-Dog Training Programs (PDPs) in the last few years. PDPs entail a prisoner training an animal (usually a dog) to be a service animal for the disabled or a well-behaved household pet. PDPs at state and federal prisons have turned out to be a win-win-win. The animals involved in the program are typically those at risk of being euthanized, giving those animals a second chance at life; the community benefits because people adopt well-behaved and trained animals; and the prisoner-trainers learn what it means to contribute to society in a material way, to develop emotional connections, and to care for others. At first glance, these programs seem perfect—which begs the question: Why are they not in every prison'This article examines PDPs and the success of those programs in the case studies that have been conducted. The Article suggests that in order for more successful PDPs to be launched, more data needs to be collected. In analyzing PDPs, this Article looks at the history of criminal punishment through the lens of rehabilitation versus retribution, then proceeds to an overview of PDPs and their promising initial data. Finally, this Article discusses the need for further examination of PDPs and their effectiveness, as well as possible mechanisms that could be used to expand their uses. Ultimately, this Article encourages the Department of Justice and Congress to lend greater support to PDPs in federal and state prisons.
      PubDate: Mon, 03 Jul 2017 11:36:47 PDT
       
  • Oversight of Oversight: A Proposal for More Effective FOIA Reform

    • Authors: Aram A. Gavoor et al.
      Abstract: One of the main mechanisms by which the public can gather information about government activity is through the Freedom of Information Act (FOIA). This Article suggests that FOIA contains inconsistencies that lead to a less transparent government. Gaps and ambiguities in its language that invite and require federal agency interpretation, are at odds with FOIA’s de novo standard of review. This Article suggests that FOIA’s public policy goals would be better served if Congress takes decisive action to clarify FOIA’s language and fill in such ambiguities and gaps.
      PubDate: Mon, 03 Jul 2017 11:36:43 PDT
       
  • Administrators

    • PubDate: Mon, 03 Jul 2017 11:36:32 PDT
       
  • How Many #Followers Do You Have': Evaluating the Rise of Social Media
           and Issues Concerning In Re CTLI’s Determination that Social Media
           Accounts are Property of the Estate

    • Authors: Patricia A. Leeson
      Abstract: With the rise of social media use, legal disputes have surfaced with litigants looking to the courts to determine issues of ownership and legal authority. As a matter of first impression, a U.S. Bankruptcy Court in Texas held that a Twitter and Facebook social media account were to be regarded as property of the estate pursuant to Section 541 of the Bankruptcy Code. The court analogized the social media accounts to subscriber lists because they provide valuable access to customers. Although the court addressed the question of whether social media applications are to be regarded as property in bankruptcy proceedings, it did not address the issue of whether additional legal protection should be afforded to social media and the data it generates. This lack of guidance is particularly problematic because courts will likely struggle with the implication of assigning legal rights to social media accounts that are now to be regarded as property interests.This Note reviews a recent case decided by a U.S. Bankruptcy Court in Texas, In re CTLI, in which the court recognized a Twitter and Facebook social media account as property of a bankruptcy estate. Furthermore, this Note examines the court’s classification of social media accounts as customer lists and explores the possible application of existing legal principles involving trade secrets to social media accounts by reviewing how courts have classified customer lists as trade secrets. After considering the legal impact social media could have on trade secret law, this Note identifies three legal issues that courts now face now that social media accounts are property interests: ownership, consumer privacy, and trade secret protection.
      PubDate: Thu, 23 Mar 2017 18:27:54 PDT
       
  • Developing Exposure-based Preconception Tort Liability: A Scientific
           Challenge to Traditional Tort Concepts

    • Authors: Nicholas P. Putz
      Abstract: With all of the recent advances in science and technology, humans are being exposed to many new and complex substances for the first time. Such exposure has led to an array of medical complications, ranging from cancer to physical deformity. However, simultaneous advances in other areas of science and technology are, for the first time, beginning to provide humans with the tools to pinpoint the causes of disease. Unfortunately, a sufficient causal diagnosis in the medical field does not directly translate to an actionable harm in the U.S. legal system. In particular, injuries that may have resulted from prior generational exposure or injury are especially problematic. Legal recovery for these injuries often runs directly into doctrinal tort concepts that have been cemented in the U.S. legal system for centuries. Through the lens of preconception tort liability, this Comment attempts to reconcile archaic legal concepts with burgeoning medical and technological advances and contends that a coexistence between the two is possible.The Comment begins with an analysis of seminal preconception tort cases, and in particular, focuses on common roadblocks facing plaintiffs. Next, the Comment identifies medical and scientific advances that may prove useful in addressing these very shortcomings. Drawing on a variety of scientific, medical, and legal sources, the author seeks to provide a workable formula by which courts can begin to recognize tort actions spanning across generations, without having to sacrifice a commitment to hardened legal concepts like foreseeability and causation.
      PubDate: Thu, 23 Mar 2017 18:27:49 PDT
       
  • The Private Search Doctrine and the Evolution of Fourth Amendment
           Jurisprudence in the Face of New Technology: A Broad or Narrow
           Exception'

    • Authors: Adam A. Bereston
      Abstract: The advent of new technology has presented courts with unique challenges when analyzing searches and seizures under the Fourth Amendment. Out of necessity, the application of the Fourth Amendment has evolved to address privacy issues stemming from modern technology that could not have been anticipated by the Amendment’s drafters. As part of this evolution, the Supreme Court devised the “private search” doctrine, which upholds the constitutionality of warrantless police searches of items that were previously searched by a private party, so long as the police search does not exceed the scope of the private-party search. However, courts have struggled to uniformly apply the private search doctrine to technology because of the sheer volume of information that many technological devices can store and the fundamental differences between these devices and ordinary physical items. As a result, a circuit split has emerged that produces different results depending on how the scope of the initial private party search is defined.This Comment begins by introducing the Fourth Amendment as informed by its history and meaning at common law. It then traces the development of the Court’s Fourth Amendment doctrine from an approach that focused primarily on an individual’s property rights to one that is more concerned with an individual’s personal rights. This Comment then briefly examines the privacy rights that are protected under the Fourth Amendment and the challenges that modern technology presents for those rights. Next, this Comment introduces the private search doctrine, examines how it applies to searches of physical items, and reviews the analysis used by courts to identify whether a police search violated the Fourth Amendment. Furthermore, this Comment describes the circuit split that exists between the Fifth and Seventh Circuits, which adopt the broad view, and the Sixth and Eleventh Circuits, which adopt the narrow view, and the different results that are produced by each approach. Next, it discusses a problem that arises when the private party acts under direction of a government agent to conduct a subsequent search. Finally, this Comment argues that, should the Supreme Court be faced with resolving this circuit split, it should adopt the broad view because it is more in line with the underlying principles of the private search doctrine and the Fourth Amendment.
      PubDate: Thu, 23 Mar 2017 18:27:44 PDT
       
  • Obergefell’s Impact on Functional Families

    • Authors: Raymond C. O'Brien
      Abstract: More than forty percent of children born in America are born to unmarried parents and only half of all cohabitating adults in America are currently married. While many children are born to single parents, others are part of the two-person unmarried cohabiting functional family paradigm. What is the status of these children'This article examines the changing paradigm of parental status, specifically vis-à-vis homosexual couples with children, and the rights of the non-biological parent after separation. This article examines the changes in law in regards to unmarried parents leading up to the Uniform Parentage Act. It describes the equitable remedies that became available over the past two decades to unmarried parents and how the Supreme Court’s decision in Obergefell will likely create an important paradigm shift in how courts deal with such cases in the future now that marriage is available to same-sex parents.
      PubDate: Thu, 23 Mar 2017 18:27:38 PDT
       
  • The Lost Due Process Doctrines

    • Authors: Paul J. Larkin Jr.
      Abstract: Due process jurisprudence has long been dominated by discussion of its procedural requirements and substantive limitations. Through the lens of the Constitution’s Due Process Clause, however, the Supreme Court has also considered the geographic reach and substantive exercise of legal authority, the delegation of law making to private parties, the incorporation doctrine, and the issues of fundamental fairness. These doctrines have existed for some time, but the Supreme Court has never explained how they fit into its “procedural vs. substantive” dichotomy. This article examines these Lost Due Process Doctrines and poses the question of whether they should suffer the same fate as other precedents that are no longer considered “good law,” or if they can be reconciled with the underlying principles of the Magna Carta and continue to inform the Court’s ever-developing interpretation of constitutional law.
      PubDate: Thu, 23 Mar 2017 18:27:31 PDT
       
  • Rape on the Washington Southern: The Tragic Case of Hines v.
           Garrett

    • Authors: Michael I. Krauss
      Abstract: In 1919, Ms. Julia May Garret, a young Virginian woman, was brutally raped by two different men as she was walking home after the Washington Southern Railway failed to stop at her designated station. What followed was a legal battle that created precedent still discussed in American casebooks today. Although most case law recognizes that the criminal acts of third parties severs liability because such conduct is considered unforeseeable, Hines v. Garrett held that the harm Ms. Garrett suffered was within the risk created by the railroad’s negligence, and as a common carrier, the railroad owed her a duty to protect against that risk if she did not voluntarily disembark.This article dives into the historical backdrop of this pivotal Virginian case by providing details on Ms. Garrett’s daily commute, the assaults, the police investigation, the lawsuit, both the trial and appeal, and the Virginia Supreme Court’s ultimate decision. Further, this article provides insight into the aftermath of this case and how the parties’ lives proceeded at its conclusion.Julia May Garrett's story, it turns out, is more than a story of proximate cause. It is in many ways a story about Virginia.
      PubDate: Thu, 23 Mar 2017 18:27:25 PDT
       
 
 
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