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Overcoming Hiddenness: The Role of Intentions in Fourth Amendment Analysis
Get PDFThis Article rehearses a response to the problems posed to and by the Supreme Court\u27s attempts to work out the meaning and operation of the word search. After commencing Part II by meditating on the notion of privacy, I take up its relation to the antecedent suspicion or knowledge that Fourth-Amendment law requires as a justification for all privacy invasions. From there, I look specifically at that uneasy relation in Supreme Court jurisprudence, which has come to privilege privacy over property as a Fourth Amendment value. From there, Part III reviews the sources or bases that can tell us what can count as private: 1) the positive laws of property, tort, crime, and contract; 2) laborious questioning of the sort performed by Chris Slobogin; and 3) the routine versus nonroutine nature of the governmental surveillance in question (let\u27s call this the O\u27Connor position from Florida v. Riley, recently resurrected in Bond v. United States). To the extent that the routine nature of some intrusive actions does not disqualify them as unacceptably intrusive, Part IV suggests an alternative method for determining what constitutes a search. In order to establish that the intentions of both search victim and police should play an important role in this determination, I take some care to look at the unhappy role that intentions currently play in Supreme Court jurisprudence, particularly in the context of so-called pretexts. After mapping my criticisms of the Court\u27s analysis of intentions in that context onto the question of what constitutes a search, I am able to take a position on the extent to which spying (as opposed to more coercive police actions) should be regulated by the Fourth Amendment
Deaning\u27s Seven Deadly Sins and Seven Deanly Virtues
Get PDFDeans sin. There are the petty offenses: the occasional missed reception, the student\u27s name forgotten, or the parliamentary gaff at a faculty meeting. These are generally forgiven and dismissed before the next graduation.
There are, however, the more serious decanal transgressions that are not so easily forgiven or forgotten. The worst of these are
The Seven Deadly Sins of Deaning are Deception, Revenge, Narcissism, Pessimism, Taciturnity, Disloyalty and Aimlessness. The opposite evils are noted in italics at the end of each section
Prison Power Corrupts Absolutely: Exploring the Phenomenon of Prison Guard Brutality and the Need to Develop a System of Accountability
Get PDFBalancing Acts: The Rights of Women and Cultural Minorities in Kenyan Marital Law
Get PDFIn the postcolonial world, many developing nations struggle to manage significant populations of different ethnic groups, religions, and nationalities within their borders. There has been a concentrated effort on the part of many nations to provide protection for cultural groups, even to the extent of allowing cultural and religious groups to define the personal law that will govern their members. Often, however, the effort to provide freedom for cultural groups to practice their beliefs conflicts with the ideals of equality and choice for women that are central to the liberal feminist movement. In this Note, Catherine Hardee surveys the theoretical literature surrounding the debate between multiculturalism and feminism and advocates for the use of a middle-ground approach that balances the rights both of cultural groups and women-giving minority groups protection from the law of the majority if and only if, their practices do not interfere with the rights of individuals within that culture to fully participate in society. Hardee then examines Kenyan marital law to see how that balance is struck. She finds that the multiple types of marriages available to Kenyan women create something of a market in marriage with the potential to amplify women\u27s voices through choice. Practical problems, however, lead to inefficiencies in the market that threaten women\u27s rights. To adequately protect women\u27s interests these inefficiencies must be addressed to ensure that market outcomes accurately reflect the preferences of women within the cultural group
