In doing the initial framing for an article on how to apply Helen Nissenbaum's theory of Contextual Integrity to the 4th Amendment, it has become apparent that there are differences between how natural language would classify whether something is a search, a reasonable search, or an excused or unexcused reasonable search, and how the law would classify the same action. Now this is not a mind-blowing observation, as it has been understood for some time that the fact of some things being classified as "not a search" for Fourth Amendment purposes is just kind of weird. However, I believe the differing categorizations of the two areas have implications when asking what an ideal Fourth Amendment doctrine would look like, so I'll explore that here.
Showing posts with label Fourth Amendment. Show all posts
Showing posts with label Fourth Amendment. Show all posts
1.11.2011
Clearing out the Browser Tabs - A Recap of News Over the Holiday Break
Happy New Year! While our finals turned into a brief holiday hiatus, strangely, the news did not stop! Therefore, for my first post of the new year, I bring you a hodgepodge of stuff that has accumulated over the last couple weeks in my browser tabs.
From cell phones to torture to Angry Birds! I might actually start doing this occasionally as things happen in my areas of interest, but perhaps do not merit entire posts themselves.
From cell phones to torture to Angry Birds! I might actually start doing this occasionally as things happen in my areas of interest, but perhaps do not merit entire posts themselves.
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