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Constitutional Law & Criminal Procedure

FORENSIC GENEALOGY: AN INTRUSION ON PRIVACY TO FIND CRIMINAL SUSPECTS
April 23, 2025 EDT
FORENSIC GENEALOGY: AN INTRUSION ON PRIVACY TO FIND CRIMINAL SUSPECTS
Randall K. Martin

This article considers law enforcement's use of DNA profiles and whether they are a search.

INTERNET SERVICE PROVIDERS AND CENSORSHIP: A FIRST AMENDMENT RIGHT OR AN OPPORTUNITY FOR THINLY VEILED GOVERNMENT MODERATION OF FREE SPEECH?
April 11, 2025 EDT
INTERNET SERVICE PROVIDERS AND CENSORSHIP: A FIRST AMENDMENT RIGHT OR AN OPPORTUNITY FOR THINLY VEILED GOVERNMENT MODERATION OF FREE SPEECH?
Cecelia Smith

This article explores the censorship in the context of private entities and the First Amendment's right to free speech.

PROMOTING STUDENTS’ EXERCISE, UNDERSTANDING, AND APPRECIATION OF FREE SPEECH: A KEY STRATEGY FOR PROMOTING RACIAL JUSTICE
April 11, 2025 EDT
PROMOTING STUDENTS’ EXERCISE, UNDERSTANDING, AND APPRECIATION OF FREE SPEECH: A KEY STRATEGY FOR PROMOTING RACIAL JUSTICE
Nadine Strossen

This article addresses free speech in the wake of efforts to suppress speech and speakers on campuses.

WHY THE RULE OF LAW PROJECT DEMANDS EXTRALEGAL CHANGE
December 23, 2024 EDT
WHY THE RULE OF LAW PROJECT DEMANDS EXTRALEGAL CHANGE
Alani Golanski

This article explores whether the rule of law project can evaluate conditions in society distinct from attributes of the legal system or sources rooted in power.

November 05, 2023 EDT
The Mosaic Theory: How the Intersection of Mass Surveillance and Facial Recognition is Provoking an Orwellian Future
Samantha L. Shamhart

This comment examines the mosaic theory and its invasive use of technology that violates Fourth Amendment rights.

November 05, 2023 EDT
Justice Alito and the Government Speech Doctrine
David L. Hudson, Jr.

This article discusses the significant contributions Justice Alito has made to the government speech doctrine by examining four of his opinions.

Protecting the Miranda Rights of Vulnerable Suspects: The Hidden Disability of Language Impairment
November 13, 2022 EDT
Protecting the Miranda Rights of Vulnerable Suspects: The Hidden Disability of Language Impairment
Lindsay L. Miller

This article discusses the effect a language impairment has on vulnerable suspects and proposes a practical assessment tool in order to provide greater protections.

Ears in the Sky: How the Technology of ShotSpotter is Eroding Fourth Amendment Protections
November 13, 2022 EDT
Ears in the Sky: How the Technology of ShotSpotter is Eroding Fourth Amendment Protections
Gage Righter

This note explores the constitutional implications of the emerging technology, ShotSpotter, on individual rights and communities as a whole. Is the sound of a gun shot reasonable suspicion?

Aiming for Safety: Implementing Firearm Training Statutes, Balanced by Second Amendment Jurisprudence
November 08, 2022 EDT
Aiming for Safety: Implementing Firearm Training Statutes, Balanced by Second Amendment Jurisprudence
Emily D. Asher

This note provides model firearm training provisions while discussing the policy reasons for implementing required firearm training, constitutional firearm regulations, and the need for firearm training.

Striking Marijuana Residency Requirements is Sweeter with Tennessee Wine
November 04, 2021 EDT
Striking Marijuana Residency Requirements is Sweeter with Tennessee Wine
Olivia Mirich

This comment analyzes marijuana residency requirements and their shaky constitutional footing.

April 09, 2021 EDT
Data at The Border: Resolving the Circuit Split and Proposing New Procedural Standards for Warrantless Border Searches of Cell Phones
Rebecca Hill

This note argues that it is necessary for the Supreme Court to resolve the current circuit split on warrantless searches of cell phones at the United States Border

March 04, 2021 EDT
Compulsory Disclosure of Contributions to Political Nonprofits: A Safeguard Against Corruption, or a Slippery Slope to Political Disinvolvement?
Ryan Stewart

This note argues against the expansion of disclosure laws and proposes neutral solutions to uphold the integrity of American elections while promoting the individual’s freedom to express their views.