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.
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.
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.
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.
This article looks to examine the long, historic shadow of Alexander Hamilton's funding plan and the role it had on Indian Country. The author seeks to provide an overview of the "strange intersection" of this style of funding, Indian Country, and Indian gaming" in New York state.
This article discusses the incorporation of traditional story telling into tribal government and legal systems and the dichotomy of traditional and modern systems. The author argues this approach can be implemented by tribal governments and legal departments to stray away from the strict American model, and head towards a new model that incorporates tribal principles yet conforms to the requirements of the American legal system.
This article discusses the 19th century approach to dealing with the Indian nations of the North and Northwest, and the principles of success and adherence to the rights and obligations under the law of nations would guide its development. The author argues Indian affairs were central to the founding generation's desire for entry to the civilized world, and the relative obscurity that Indian affairs assumed at the Philadelphia Convention could not have been due to omission, rather it was clear the only way to achieve the Union's vision for a central policy toward Indian affairs.
This article discusses the development of Dakota literacy and telling their history in their own words, and the word choices in the 1851 Traverse Des Sioux Treaty and its legacy. The author then details the Indian Relocation Act and the genocide taken upon the Dakota people.
This article focuses on the traditionally oppressed groups of Native Americans and individuals with disabilities, and the struggles faced by those groups since the very beginning of the United States. Even though Congress seems to have addressed issues with both groups, by way of the Indian Gaming Regulatory Act and the Americans with Disabilities Act, both groups continue to face severe hardships when compared to other groups in the United States.
This article discusses the early cases in American legal history which, because of the world-view of the justices at the time, limited the rights and political independence of Indigenous peoples. Through the Major Crimes Act, Lone Wold case, and other political legislations, the scales of justice have always been tipped in favor of the white man, even though we rest on the idea of blind objectivity of our laws.
This article discusses the doctrine of Christian discovery and how it negatively affects the rights of the Indigenous nations' land and treaty rights. Though it is difficulty to see how the US Courts or Congress will produce favorable results given the 8-1 Sherrill decision, the author urges the continuation of work with religious and academic communities to pressure the Vatican to rescind the Papal Bulls of the 15th century and to remove the doctrine completely.
This article discusses the rising Indian country violent crime and novelist Lousie Eldrich's "The Round House" which addresses modern Anishinaabe violent crime where women are violently attacked, and the failure of the federal and tribal criminal justice system to resolve the crime. This article discusses traditional and modern Anishinaabe law, how the two merge, and the problems with contemporary law enforcement mechanisms in the light of jurisdictional issues and a cultural divide.
This article argues that the classification of "Indian" for the purposes of the ICCA and the Duro fix is not "racial" even if it includes non-enrolled people of Indian ancestry. Furthermore, this article discusses the Zepeda court and how it conflicts with the first prong of the Rogers test regarding what type of blood qualifies Indian blood.
This article discusses the racial injustice faced by Native Americans, with whom land titles in the United States originated with. The author argues it is vital to interpret the Supreme Court cases of the 19th century that correctly defined Indian title, and to honor the property rights of Indian title just as we do the "fee simple of the whites".