scholarly journals Forensic Border Searches After Carpenter Require Probable Cause and a Warrant

2019 ◽  
pp. 507
Author(s):  
Christopher Pryby
Keyword(s):  
United States ◽  
Data Privacy ◽  
Electronic Devices ◽  
Supreme Court Decision ◽  
The United States ◽  
High Tech ◽  
Privacy Rights ◽  
Reasonable Suspicion ◽  
The Government ◽  
The Individual

Under the border search doctrine, courts have upheld the federal government's practice of searching people and their possessions upon entry into or exit from the United States, without any requirement of suspicion, as reasonable under the Fourth Amendment. Since the advent of electronic devices with large storage capacities, courts have grappled with whether this definition of reasonableness continues to apply. So far, courts have consistently characterized “nonforensic” border inspections of electronic devices (for example, paging through photos on a phone) as “routine” searches that, like inspecting luggage brought across international lines, require no suspicion. But there is a circuit split over what suspicion the government needs to conduct “forensic” searches that copy data for later inspection. This Note argues that the recent Supreme Court decision in Carpenter v. United States recognized a new balance of privacy rights at the border. Starting in United States v. Jones and continuing through Riley v. California and Carpenter, the Court has developed a theory of data privacy aimed at forestalling the government’s creation of a high-tech panopticon. This new theory, in the context of electronic searches at the border, requires that the balance of government and individual interests be struck in favor of the individual. Probable cause and a warrant, not merely reasonable suspicion, are necessary for a forensic search.

Reverberations for American Indians, Native Hawai’ians, and Group Rights

2010 ◽  
Author(s):  
Martha Minow
Keyword(s):  
United States ◽  
Civil Rights ◽  
American Indians ◽  
Religious Identity ◽  
Equal Opportunity ◽  
The United States ◽  
Cultural Traditions ◽  
The Government ◽  
The 1960S ◽  
The Individual

Usually left out of discussions of school desegregation, the historic treatments of American Indians and Native Hawai’ians in the development of schooling in the United States was a corollary of conquest and colonialism. As late as the 1950s, forced assimilation and eradication of indigenous cultures pervaded what was considered the “education” of students in these groups. The social, political, and legal civil rights initiatives surrounding Brown helped to inspire a rights consciousness among Indian and Native Hawai’ian reformers and activists, who embraced the ideal of equal opportunity while reclaiming cultural traditions. Between the 1960s and 2007, complex fights over ethnic classification, separation, integration, and self-determination emerged for both American Indians and Native Hawai’ians. Their struggles, crucial in themselves, also bring to the fore a challenging underlying problem: are distinct individuals or groups the proper unit of analysis and protection in the pursuit of equality? The centrality of the individual to law and culture in the United States tends to mute this question. Yet in this country as well as elsewhere, equal treatment or equal opportunity has two faces: promoting individual development and liberty, regardless of race, culture, religion, gender, or other group-based characteristic, and protection for groups that afford their members meaning and identity. Nowhere is the tension between these two alternatives more apparent than in schooling, which involves socialization of each new generation in the values and expectations of their elders. Will that socialization direct each individual to a common world focused on the academic and social mobility of distinct individuals or will it inculcate traditions and values associated with particular groups? Even in the United States, devoted to inclusive individualism, the Supreme Court rejected a statute requiring students to attend schools run by the government and created exemptions from compulsory school fines when they burdened a group’s practices and hopes for their children. In Pierce v. Society of Sisters, the Court respected the rights of parents to select private schooling in order to inculcate a religious identity or other “additional obligations.”

Introduction

2021 ◽  
pp. 1-14
Author(s):  
John N. Drobak
Keyword(s):  
United States ◽  
Government Regulation ◽  
Institutional Economics ◽  
The United States ◽  
New Institutional Economics ◽  
Market Regulation ◽  
The Great Recession ◽  
Individual Mandate ◽  
The Government ◽  
The Individual

Chapter 1 explains that this book examines two economic “principles,” or beliefs, that have shaped the perception of the economic system in the United States today: (1) the belief that the U.S. economy is competitive, making government market regulation unnecessary, and (2) the belief that corporations exist for the benefit of their shareholders, but not for other stakeholders. Contrary to what many economists and policymakers believe, the chapter shows that numerous markets in the United States are not competitive and that the belief in shareholder primacy is not an economic principle but a normative notion. In addition, the belief in the existence of competitive markets is used to argue that market regulation is unnecessary because competition provides all the needed constraints. If there are no constraints from competition and no regulation, serious harm can result, as shown by the Great Recession of 2008. The chapter also points out that there never was a purely laissez-faire market economy. The real question is how much market regulation is desirable. It is often difficult to debate this issue because many people label any expansion of government regulation as socialism. In addition, some people just do not like being told what to do by the government. That was a principle reason for the objection to the individual mandate in the Affordable Care Act. The chapter then introduces the relationship between the two economic narratives and the millions of job losses this century, using lessons from the new institutional economics to analyze the issues.

Legal Conventionalism in the U.S. Constitutional Law of Privacy

2000 ◽  
Vol 17 (2) ◽  
pp. 141-164 ◽  
Author(s):  
Mark Tushnet
Keyword(s):  
United States ◽  
Political Philosophy ◽  
Constitutional Law ◽  
Fourth Amendment ◽  
The United States ◽  
Privacy Rights ◽  
Informational Control ◽  
Two Factors ◽  
The Government ◽  
Roe V Wade

Drawing on themes important in moral and political philosophy, much of the scholarship on the constitutional law of privacy in the United States distinguishes between privacy understood as a person's control over information and privacy understood as a person's ability to make autonomous decisions. For example, Katz v. United States (1967) established the framework for analyzing whether police activity constituted a “search” subject to the Fourth Amendment's requirement that the police either obtain a warrant before conducting a search or otherwise act reasonably. The defendant was a professional gambler who knew enough about police techniques to use a public telephone to make his business calls. Police agents attached a listening device to the outside of the phone booth, and sought to use the recordings against the defendant. The Supreme Court agreed with the defendant that the Fourth Amendment had been violated. Justice John Marshall Harlan's influential concurring opinion asserted that a person's privacy, in the sense of control over information, depended on two factors: “that a person have exhibited an actual (subjective) expectation of privacy and, second, that the expectation be one that society is prepared to recognize as ‘reasonable.’” Fourth Amendment cases like Katz involve informational control; they define the circumstances under which the government may acquire information from or about a person without first obtaining the person's agreement. In contrast, cases like Griswold v. Connecticut (1965), which barred the state from making it a criminal offense to use contraceptives, and Roe v. Wade (1973), which restricted the state's power to prohibit or regulate abortions, used the language of privacy rights to protect a much broader interest in autonomous decision-making. Seeing these cases and related ones through lenseees provided by moral and political philosophy, scholars have attempted to describe what a morally sound constitutional law of privacy would be, and the broadest sense, dworkinian. That is, they seek to provide an account of privacy with two characteristics: it is broadly consistent with the relevant constitutional decisions, and it is the most morally attractive account possible that satisfies the requirement of consistency with the decisions.

Suicide? (Re)Introducing the Bobby Wright Social–Political Model of African-U.S. Own-Life Taking or African High-Tech Lynching

2016 ◽  
Vol 41 (1) ◽  
pp. 107-126 ◽  
Author(s):  
Daudi Ajani ya Azibo
Keyword(s):  
United States ◽  
The United States ◽  
High Tech ◽  
Political Model ◽  
The Individual

Dr. Bobby Wright underscored perdurable distal anti-African-U.S. (descendants of Africans enslaved in the United States) forces in society as the main impetus for their suicide instead of variables more proximal to the individual championed in multilevel theories. Wright’s argument is advanced as a model bearing his name. Coming again at suicide using the Wright model reveals the inadequacy of the Western conceptualization for African-United States, compels new nomenclature, and expands the gestalt of the phenomenon affording more efficacious intervention and prevention efforts.

The First Amendment in the Digital Age

2020 ◽  
pp. 68-93
Author(s):  
Sam B. Edwards III
Keyword(s):  
United States ◽  
Social Media ◽  
First Amendment ◽  
18Th Century ◽  
Internet Access ◽  
The United States ◽  
Warning Signs ◽  
Legal Principles ◽  
The Government ◽  
The Individual

The United States is facing challenges in applying First Amendment principles from the 18th century to modern communications. This chapter examines cases where the government has intruded upon First Amendment rights. The first section examines when the government attempts to prevent protests by cutting internet access. This amounts to a digital gag and ear plugs for the protesters. Aside from cutting access to a single area, some governments have access to total internet “kill switches.” This allows unsurpassed censorship of speech. Now there are technical means installed in most phones that could allow governments to disconnect internet access at the individual phone. In the area of social media, the courts are struggling to identify what constitutes speech. For example, when is a “like” or a “wink” speech? Equally important, when can a political figure censor speech through blocking users on social media? These cases represent warning signs that the United States, just like other countries, is struggling to adapt eighteenth century legal principles to modern communication.

scholarly journals Business in the U.S. Democracy

2020 ◽  
Vol 42 (3) ◽  
pp. 169-191
Author(s):  
Emeric Solymossy
Keyword(s):  
United States ◽  
National Culture ◽  
Risk Taking ◽  
The United States ◽  
Innovative Behavior ◽  
Form Of Government ◽  
Business Confidence ◽  
The Government ◽  
The Individual ◽  
The U.S

This paper discusses a model of business in a “democracy” by identifying the three underlying concepts; the individual, the collective (society), and the government (system and mechanics).  Furthermore, each of these elements is also a multi-factor construct.  The foundations and development of the United States is discussed. The exploration, discovery and development of any new country require risk taking and innovative behavior, which was instrumental in the creation of heroes and myths, which shaped much of the culture. From this background, some of the principle characteristics of the entrepreneur are explored and correlated to some generally accepted measures of national culture.  The concepts are developed; their inter-relationships and the resulting dynamics are presented.  The foundation(s) and uniqueness of the U.S. form of democracy is explored as a government typology.  Data is presented exhibiting the variability of business confidence, and a conclusion is reached that the attitudes and policies of the government have a greater impact on business formation and success than the form of government.

China’s space industry will exploit vacant niches

2020 ◽  
Keyword(s):  
United States ◽  
Industrial Policy ◽  
The United States ◽  
High Tech ◽  
Military Technology ◽  
Content Type ◽  
Space Industry ◽  
The Government ◽  
Vacant Niches

Subject China's commercial spaceflight sector. Significance Spaceflight is one of the few high-tech industries in which China is unquestionably a world leader, operating by far the largest number of satellites of any country besides the United States. Impacts The government may subsidise commercial launches for diplomatic and industrial policy reasons, but the aim is to make them profitable. China’s success in spaceflight will be a model and inspiration for other sectors seeking technological independence. Chinese space businesses will benefit from ‘military-civil fusion’, a policy for commercialising previously restricted military technology.

scholarly journals Methodological Map as a New Element of the Diagnostic System of Personnel Training for Modern Economy

2021 ◽  
Vol 3 (3) ◽  
pp. 45-60
Author(s):  
Mikhail Kreer ◽  
Tatiana Skazochkina ◽  
Aleksandr Skazochkin
Keyword(s):  
United States ◽  
Personal Development ◽  
Professional Growth ◽  
Individual Cell ◽  
Diagnostic System ◽  
The United States ◽  
Professional Staff ◽  
Guidance System ◽  
High Tech ◽  
The Individual

The article is devoted to the analysis of the possibilities and the description of the methodological map, which is the Russian analogue of the “individual cell” of the student and has proven itself well in the United States. The methodological map reflects the static profile of the trainee’s abilities and, when periodically filled in, represents a dynamically developing trajectory of a professional orientation, regardless of the profile.At present, the general need of the economy for high-quality specialists based on the selection of students capable of mastering complex, high-tech technologies that have a clear potential for professional growth and personal development. At the same time, we can state the absence of a developed relationship between the education system and the vocational guidance system, which strategically can lead to problems in providing the most technologically advanced segments of the economy with professional staff. At the same time, thereis a positive international experience in solving this problem, the elements of which can be adapted to the existing Russian system.The article presents the content and describes the capabilities of the methodological map developed by the staff of the M.V. Lomonosov, and is an analogue of the “individual cell” developed in the United States. The methodological map is information about the level of several types of competence of any student. To work with such a card, the teacher needs to expand his competence and become an expert testologist with a sufficient level of test competence. An obvious advantage of the methodological map is the ease of its digital processing, the accumulation of information about the student in centralized databases. The methodological map, after appropriate modernization, can be the basic option for training highly qualified specialists who have chosen the path of a scientist. The development of such a diagnostic system has significant positive features, the most obvious of which is the ability to ensure the connection between the content of education and the personnel needs of society and the state, and, as a result, to ensure their sustainable socio-economic development.

scholarly journals From Good Time Girl to Damsel in Distress: Protecting the British War Bride in the United States, 1944–1950

Genealogy ◽  
2020 ◽  
Vol 4 (4) ◽  
pp. 114
Author(s):  
Gail Savage
Keyword(s):  
United States ◽  
Social Dynamics ◽  
State Intervention ◽  
The United States ◽  
Good Time ◽  
Legal Advice ◽  
Wide Range ◽  
The Government ◽  
The Individual ◽  
War Bride

During the Second World War, the United Kingdom became an epicenter of transnational, especially transatlantic, marriages, but not all these marriages proved successful. As one disappointed English war bride on her way back home expressed herself, she was “Too shocked to bring her baby up on the black tracks of a West Virginia mining town as against her own home in English countryside of rose-covered fences.” This essay examines the government program developed to provide financial aid and legal advice to British women estranged from or abandoned by their American husbands from the passage of the 1944 Matrimonial Causes (War Marriages) Act to its winding down in 1950. The analysis draws upon a wide range of documents to survey the formulation and implementation of the government response and to consider some illustrative cases dealt with by British consular officials in the United States. These examples illuminate the gap between human behavior envisioned by policy-makers and the more varied behavior encountered by those who carried out the duties charged to them. The cases thus represent the nexus between state intervention and the individual experience of larger-scale social dynamics set off by war and the global movement of populations.

‘A Routh O’ Auld Nick-Nackets’ – the antiquarian collection of John Rae

2015 ◽  
Vol 36-37 (1) ◽  
pp. 163-183
Author(s):  
Paul Taylor
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Social Context ◽  
Moral Education ◽  
The United States ◽  
Representative Case ◽  
National Museums ◽  
The Individual ◽  
The University

John Rae, a Scottish antiquarian collector and spirit merchant, played a highly prominent role in the local natural history societies and exhibitions of nineteenth-century Aberdeen. While he modestly described his collection of archaeological lithics and other artefacts, principally drawn from Aberdeenshire but including some items from as far afield as the United States, as a mere ‘routh o’ auld nick-nackets' (abundance of old knick-knacks), a contemporary singled it out as ‘the best known in private hands' (Daily Free Press 4/5/91). After Rae's death, Glasgow Museums, National Museums Scotland, the University of Aberdeen Museum and the Pitt Rivers Museum in Oxford, as well as numerous individual private collectors, purchased items from the collection. Making use of historical and archive materials to explore the individual biography of Rae and his collection, this article examines how Rae's collecting and other antiquarian activities represent and mirror wider developments in both the ‘amateur’ antiquarianism carried out by Rae and his fellow collectors for reasons of self-improvement and moral education, and the ‘professional’ antiquarianism of the museums which purchased his artefacts. Considered in its wider nineteenth-century context, this is a representative case study of the early development of archaeology in the wider intellectual, scientific and social context of the era.

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