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  • Double Trouble - The Errors of the Dual Sovereignity Doctrine in Light of Puerto Rico v. Sanchez Valle
    Anneliese Aliasso
    The Fifth Amendment of the United States Constitution reads, No person shall be subject for the same offense to be twice put in jeopardy of life or limb. As interpreted by the Supreme Court, this provision bars multiple prosecutions by entities with the same sovereignty, but allows multiple prosecutions when initiated by entities where “the same act may be an offense or transgression of the laws of both.
    11 Alb. Govt. L. Rev. Online (2018)

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  • Encryption Friction
    Christopher Babiarz
    In our evolving modern-day world, technology is advancing faster than the law. This technology has given us a vehicle for storing more and more personal information to have at our finger tips, but we have not determined when it is acceptable for the government to compel the release of this information. This article discusses the recent case against Apple, the legal consequences this technology has left us with, and what that means for our 4th Amendment privacy concerns.
    10 Alb. Govt. L. Rev. 351 (2017)
  • Hedging Our Bets: Why Congress Should Enact A Tripartite Framework to Regulate the Use of Freign Intelligence Information in Criminal Investigations
    Cynthia Anderson
    Foreign intelligence information can be gathered through a variety of means, but Congress has yet to decide which of those means may be used in criminal investigations. This article proposes Congress enact such a framework by using the "totality of the circumstances test" so that the Fourth Amendment may not be over-looked by the Executive branch.
    10 Alb. Govt. L. Rev. 375 (2017)
  • Privacy in the Digital Age: Preserving the Fourth Amendment By Resolving the Circuit Split Over the Private Search Doctrine
    Matthew A. Lupo
    The circuit split of the federal courts has caused the lower courts in the United States to render very different decisions when applying the private-search doctrine to electronic storage devices. The lack of guidance on this issue is likely to promote injustice in a variety of scenarios, and the author argues that the Supreme Court needs to review this private-search doctrine and unify the courts.
    10 Alb. Govt. L. Rev. 414 (2017)
  • Defining the Limits of the Private-Search Doctrine in an Expanding Digital Landscape
    Kendall Van Ameyde
    The scope of the Fourth Amendment has not been totally defined concerning today's technology, causing privacy concerns for many citizens carrying these devices. The private-search doctrine is still being treated differently by the courts when it comes to physical searches and "virtual" ones. The author proposes state-level procedures to help evade this problem as well as guidance from the Supreme Court.
    10 Alb. Govt. L. Rev. 452 (2017)
  • This Powder Keg is About to Explode: The Lack of Standards in Reviewing Second Amendment Cases
    Ronald K. Weekley
    This article examines the circuit split in the wake of the Supreme Court case of District of Columbia v. Heller, which has caused a disparity in which level of scrutiny should be used to determine the Constitutionality of firearm laws.
    NaN Alb. Govt. L. Rev. 496 (2017)

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