The Honorable Lewis A. Kaplan draws on his voluminous experience on the federal bench to illuminate some of the special concerns that attend terrorism and national security cases. Kaplan reviews several judicial challenges unique to terrorism cases, including classified information issues and the use of defendants’ statements in the course of prosecution. He concludes that… Continue reading The Implications of Trying National Security Cases in Article III Courts
Category: The Constitution
Rethinking Privacy: Fourth Amendment “Papers” and the Third-Party Doctrine
As the field of privacy and digital surveillance grows increasingly chaotic, Michael Price proposes a compelling supplement to the third-party doctrine. Eschewing the popular position that our privacy clashes are generational, Price instead reviews the history of Fourth Amendment jurisprudence to identify missteps in doctrine that have led us to the current impossible position. Along… Continue reading Rethinking Privacy: Fourth Amendment “Papers” and the Third-Party Doctrine
No Place in the Military: The Judiciary’s Failure to Compensate Victims of Military Sexual Assault & a Suggested Path Forward Using Lessons from the Prison Context
Patrie conducts a careful and detailed examination of sexual assault in the military with a review of several recent high-profile cases. She proposes a framework to enforce judicial noninterference in sensitive military affairs while also ensuring that the military does not violate servicemembers’ constitutional rights. No Place in the Military