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Author: Matthew D. Lawless
Publisher:
ISBN:
Category :
Languages : en
Pages : 29
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Book Description
The dark secrets brought to light by America Online's recent exposure of 658,000 of its users' search records reveal both a societal expectation of privacy in Internet searches, and an increased likelihood that such information will be used as evidence in criminal proceedings. In the absence of a statutory suppression remedy, the only bar to those records becoming Exhibits A-Z is a Fourth Amendment that, while purporting to protect expectations of privacy society would deem reasonable, utterly fails to consider what society has said about Internet searches. Increasingly, this means that courts will be faced with a choice: uphold the third party doctrine to the letter of Smith v. Maryland - or protect those expectations of privacy, legal as well as technological, that society is prepared to recognize as reasonable. This Comment aims to facilitate judicial adoption of the latter by showcasing the antipodal treatment of Internet search records under the third party doctrine as against the quot;operational realities test,quot; and providing support for a rights-based re-reading of the doctrine that would restore constitutional consistency.
Author: Matthew D. Lawless
Publisher:
ISBN:
Category :
Languages : en
Pages : 29
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Book Description
The dark secrets brought to light by America Online's recent exposure of 658,000 of its users' search records reveal both a societal expectation of privacy in Internet searches, and an increased likelihood that such information will be used as evidence in criminal proceedings. In the absence of a statutory suppression remedy, the only bar to those records becoming Exhibits A-Z is a Fourth Amendment that, while purporting to protect expectations of privacy society would deem reasonable, utterly fails to consider what society has said about Internet searches. Increasingly, this means that courts will be faced with a choice: uphold the third party doctrine to the letter of Smith v. Maryland - or protect those expectations of privacy, legal as well as technological, that society is prepared to recognize as reasonable. This Comment aims to facilitate judicial adoption of the latter by showcasing the antipodal treatment of Internet search records under the third party doctrine as against the quot;operational realities test,quot; and providing support for a rights-based re-reading of the doctrine that would restore constitutional consistency.
Author: Amitai Etzioni
Publisher: Routledge
ISBN: 1351478567
Category : Philosophy
Languages : en
Pages : 573
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Book Description
Amitai Etzioni argues that societies must find a way to balance individual rights and the common good. This point of balance may change as new technologies develop, the natural and international environments change, and new social forces arise. Some believe the United States may be unduly short-changing individual rights that need to be better protected. Specifically, should the press be granted more protection? Or should its ability to publish state secrets be limited? Should surveillance of Americans and others be curtailed? Should American terrorists be treated differently from others? How one answers these questions, Etzioni shows, invites a larger fundamental question: Where is the proper point of balance between rights and security? Etzioni implements the social philosophy, "liberal communitarianism." Its key assumptions are that neither individual rights nor the common good should be privileged, that both are core values, and that a balance is necessary between them. Etzioni argues that we need to find a new balance between our desire for more goods, services, and affluence, particularly because economic growth may continue to be slow and jobs anemic. The key question is what makes a good life, especially for those whose basic needs are sated.
Author: Amitai Etzioni
Publisher: Policy Press
ISBN: 1529200288
Category : Law
Languages : en
Pages : 236
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Book Description
The law-based, political institutions in many democratic societies are being challenged by fast-growing populist movements, parties, and leaders. In other nations, the state is failing. These seismic changes call for greater attention to be paid to the role society plays in forming and challenging laws—and how the law copes with these challenges. Amitai Etzioni, one of the most respected thinkers in the US, argues for a new liberal communitarian approach as an effective response to populism. This recognizes that different members of the society have differing values, interests, and needs that cannot be fully reconciled to legislation in a populist age. The book considers the core challenge in a variety of contexts, including national security versus privacy, private sector responsibility, freedom of the press, campaign finance reform, regulatory law and the legal status of terrorists. Thus the book offers a timely discussion of key issues for contemporary society and the relationship of the law to the citizen in a fast-changing environment.
Author: Amitai Etzioni
Publisher: Springer
ISBN: 1137513969
Category : Political Science
Languages : en
Pages : 259
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Book Description
This book lays out the foundation of a privacy doctrine suitable to the cyber age. It limits the volume, sensitivity, and secondary analysis that can be carried out. In studying these matters, the book examines the privacy issues raised by the NSA, publication of state secrets, and DNA usage.
Author:
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 436
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Book Description
Author: Adam B. Cox
Publisher: Oxford University Press
ISBN: 0190694386
Category : Law
Languages : en
Pages : 361
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Book Description
Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 898
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Author: David J. Bodenhamer
Publisher: Indiana University Press
ISBN: 0253060737
Category : Political Science
Languages : en
Pages : 354
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Book Description
As the 2020s began, protestors filled the streets, politicians clashed over how to respond to a global pandemic, and new scrutiny was placed on what rights US citizens should be afforded. Newly revised and expanded to address immigration, gay rights, privacy rights, affirmative action, and more, The Bill of Rights in Modern America provides clear insights into the issues currently shaping the United States. Essays explore the law and history behind contentious debates over such topics as gun rights, limits on the powers of law enforcement, the death penalty, abortion, and states' rights. Accessible and easy to read, the discerning research offered in The Bill of Rights in Modern America will help inform critical discussions for years to come.
Author: Dewey D. Wallace
Publisher: OUP USA
ISBN: 0199744831
Category : History
Languages : en
Pages : 369
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Book Description
Dewey Wallace tells the story of several prominent English Calvinist actors and thinkers in the first generations after the beginning of the Restoration, illuminating the religious and intellectual history of the era between the Reformation and modernity.
Author:
Publisher:
ISBN:
Category : Communication and traffic
Languages : en
Pages : 538
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Book Description
