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Tied Up in Knotts? GPS and the Fourth Amendment
No full textJudicial and scholarly assessment of emerging technology seems poised to drive the Fourth Amendment down one of three paths. The first would simply relegate the amendment to a footnote in history books by limiting its reach to harms that the framers specifically envisioned. A modified version of this first approach would dispense with expansive constitutional notions of privacy and replace them with legislative fixes. A third path offers the amendment continued vitality but requires the U.S. Supreme Court to overhaul its Fourth Amendment analysis. Fortunately, a fourth alternative is available to cabin emerging technologies within the existing doctrinal framework. Analysis of satellite-based tracking illustrates this last approach. The Global Positioning System (GPS) allows law enforcement officials to monitor an individual’s precise movements for weeks or months at a time. GPS technology not only is substantially different than anything the Court has previously considered, but also is a substantial threat to fundamental notions of privacy. By illustrating how, with only minor tweaking, existing Fourth Amendment law can effectively rein in intrusive applications of this one emerging technology, this Article begins to construct an analytical framework that can be applied more broadly to future technological enhancements
Affirmative Action And Land-Grant Universities In The Millennium: When Will We Fulfill The Original Promise?
No full textAn RSVP to Professor Wexler\u27s Warm Therapeutic Jurisprudence Invitation to the Criminal Defense Bar: Unable to Join You, Already (Somewhat Similarly) Engaged
No full textThis Article responds to Professor David 13. Wexler\u27s recent suggestion that adopting Therapeutic Jurisprudence ( V) principles to create a new type of rehabilitative defense lawyer could improve the criminal defense bar. Contrary to the empirical foundation of the therapeutic justice movement, many of his proposed changes seem unsubstantiated. Others, such as calls for creative plea bargaining, are already part of the practice of quality defense attorneys. The rehabilitative, -Pi defense lawyer may be overly paternalistic, imposing his interpretation of the facts and his standards of appropriate behavior on the accused; such a lawyer also may not comport with express ethical standards. Instead, the tradition of zealous and quality advocacy, whether in a law school clinic or in a public defender\u27s office, best serves the interests of defendants
Two Tailors: The Pursuit Of Racial Justice In 1970s Chicago
No full textEvery legal case has a story behind it, and some, like this one, also have a legacy. This is a story about two immigrant tailors in Chicago-the white tailor\u27s attempt to sell his tailor shop to the black tailor, and the racial discrimination they confronted together. One tailor, Ivan Thompson, was a black citizen of Great Britain living in Chicago, and the other, Martin Waysdorf, was a white Jew from Poland. He became a. U.S. citizen in 1949, after emigrating from his Polish shtetl to Chicago and escaping the Nazi Holocaust.\u27 The Jewish tailor was my father. This article will tell the story of the lawsuit that the two tailors brought in federal court in 1976, against racial discrimination in commercial leasing. Specifically, they challenged the storefront\u27s landlord, Sol Roman, because he refused to rent the storefront to Mr. Thompson. I was motivated to resurrect this story, and to explore its meaning in the context of Chicago\u27s acrimonious history of racial strife, for a number of reasons. In part, I was driven by a desire to memorialize my father and the stand he took as a white person against racial discrimination, and to recognize Ivan Thompson, for speaking up along with him. In sifting through this lawsuit\u27s old case file and the historical records surrounding it, I also sought a new appreciation and understanding of the times my family lived in while I came of age in Chicago during the second half of the last century
