Author Archive for thomas-clancy
The Fourth Amendment: Its History and Interpretation
posted by Thomas Clancy
I have a new book on the Fourth Amedment that I hope some of you might find useful. Due to the wide applicability of governmental intrusions–ranging from countless thousands of daily intrusions at airports, traffic stops, drug testing, obtaining digital evidence, traditional criminal law enforcement practices, regulatory inspections, and many other searches and seizures–the Amendment is the most commonly implicated and litigated part of our Constitution.
This treatise is designed to be an accessible and authoritative resource for scholars, judges, practitioners, and others on the Fourth Amendment. It comprehensively treats United States Supreme Court caselaw. It takes a structural approach to the Fourth Amendment, addressing foundational questions: What is a search? What is a seizure? What does the Amendment protect? Who does it protect? When is it satisfied? When does the exclusionary rule apply? The treatise is organized by topic so a reader can have ready access to current doctrine and is able to examine in additional sections how current doctrine developed. The historical events and the Court’s development of search and seizure principles provide context to and perspective on current doctrine.
It is published by Carolina Academic Press and additional information about the book, including the front material and how to order, can be found at www.cap-press.com/books/1795
September 25, 2008 at 3:59 pm
Posted in: Criminal Procedure
Print This Post
2 Comments
cyber crime newsletter
posted by Thomas Clancy
The National Center for Justice and the Rule of Law (at the University of Mississippi) jointly publishes with the National Association of Attorneys General a newsletter on cybercrime. Its FREE. The newsletters describe current developments, legislative action, corporate initiatives, and court cases, and contain informative articles. Its published six times a year and sent by email attachment. You can read the current and past issues at www.olemiss.edu/depts/ncjrl/CyberCrimeInitiative/cci_newsletter.html, which also gives you information on how to receive it. Here’s what is in a typical issue:
HIGHLIGHTS FROM JULY – AUGUST 2008 CYBER CRIME NEWSLETTER
An introduction to Virtual Worlds and Second Life
Social networking sites immune under CDA
Expectation of privacy in computer on military base
Fourth Amendment and use of GPS devices
Does sending hyperlink to child pornography constitute distribution?
School discipline for derogatory blog v. First Amendment
Search incident to arrest – delayed search of cell phone
California, Missouri enact cyber harassment laws
The NCJRL website www.ncjrl.org also contains information regarding upcoming conferences and events, educational programs, and publications that examine important criminal law and procedure issues.
September 22, 2008 at 9:08 am
Posted in: Criminal Law
Print This Post
No Comments
Warrant Requirement for Historical Cell Phone Location Data
posted by Thomas Clancy
In an article by Ellen Nakashima, the Washington Post this morning reports that a federal judge in the Western District of Pennsylvania has ruled that the government must obtain a warrant based on probable cause of criminal activity before directing a wireless provider to turn over records that show where customers used their cellphones. This is apparently the first opinion by a federal district court on the issue.
To view the entire article, go here.
September 12, 2008 at 9:02 am
Posted in: Criminal Procedure
Print This Post
2 Comments
Great Dissents in Fourth Amendment Cases
posted by Thomas Clancy
I want to thank Dan Solove for inviting me to be a guest this month. For those who have read my bio below or otherwise know my work, it should come as no surprise that I intend to discuss the Fourth Amendment in this space for the month. First some background (and a commercial).
The National Center for Justice and the Rule of Law (of which I am the director), a program of the University of Mississippi School of Law, has the Fourth Amendment Initiative, which promotes awareness of search and seizure principles through conferences, training, and support for selected publications. To implement the Initiative, the Center holds an annual Fourth Amendment Symposium to increase awareness of Fourth Amendment principles. The resulting articles are published in the Mississippi Law Journal as a special edition. Since we began this Initiative, we have had some of finest scholars in the country participate in our programs. The Center has also partnered with the National Judicial College, located in Reno, NV, to create the only national training program for state trial and appellate judges regarding search and seizure principles. Additional information, including articles and video presentations by many of the finest scholars in the area, may be obtained from our website, www.NCJRL.org.
The topic of the 2009 symposium, to be held (and webcast) on February 13, is one that I hope you find interesting: “Great Dissents in Fourth Amendment Cases.” Five dissents will be examined, including such seminal dissents as Justice Harlan’s dissent in United States v. White, 401 U.S. 745 (1971), Justice Marshall’s dissent in Schneckloth v. Bustamonte, 412 U.S. 218 (1973), Justice O’Connor’s dissent in Atwater v. Lago Vista, 532 U.S. 318 (2001), and Justice Brandeis’ dissent in Olmstead v. United States, 277 U.S. 438 (1928). Expected speakers are: Professor Paul Butler of The George Washington University Law School, Professor Catherine Hancock of Tulane University School of Law, Professor Arnold H. Loewy of Texas Tech University School of Law, Professor Wayne A. Logan of Florida State University College of Law, and Professor Carol S. Steiker of Harvard Law School.
So, what makes a dissent “great”?
September 2, 2008 at 3:04 pm
Posted in: Criminal Procedure
Print This Post
One Comment
