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Monday, April 30, 2012

United States v. Jones and the Future of the Fourth Amendment

There has been much discussion in the news, blogosphere, and general ruminations about the Supreme Court's January opinion in United States v. Jones case (ie the GPS case that said that attaching a GPS tracker and using that devise to monitor a car is a “search” under the Fourth Amendment).  Scholars have started to discuss what this case means for the future of the Fourth Amendment, the future of technology in prosecution, and the future of police detection of crime.  Fascinating stuff. 

For those of you interested and writing on this topic, I wanted to make you aware that the AALS Criminal Justice Section has a call for papers out to add one lucky panelist to an already impressive panel on this at the AALS meeting in January 2013.  Confirmed speakers for the 2013 panel are Christopher Slobogin, Vanderbilt University Law School, Tracy Meares, Yale Law School, and Orin Kerr, George Washington University School of Law.  The panel will be moderated by Andrew G. Ferguson, UDC David A. Clarke School of Law.

Here is some more info on the panel:

Technology and Crime: The Future of the Fourth Amendment in Public

New mass surveillance technologies are changing Fourth Amendment protections in public. Enhanced video cameras, GPS location devices, license plate readers, mobile body scanners, backscatter x-ray vans, facial recognition technology, drones, and satellite imaging, in combination, can all be directed at targeted geographic areas.  Combined with, or replacing, traditional “stop and frisk” or police surveillance tactics, these technologies have the potential to alter Fourth Amendment protections.  At the same time, intelligence-led policing strategies involving crime mapping and analysis have allowed law enforcement to identify areas of crime for targeted police intervention. This panel looks at the constitutional implications of these developments on the expectation of privacy.

The call for papers requires any interested faculty of AALS member and fee-paid law schools (teaching six years or less) to submit papers.  The due date is August 15, 2012 and the Criminal Justice Section Executive Committee will anonymously review all submissions. (No, we will not check your CV, a cover letter OR do a citation count).

To facilitate anonymous review, please submit papers in electronic form to Professor Giovanna Shay (giovanna.shay@law.wne.edu). The paper should have identifying information contained on a cover sheet only; the cover page will be removed before the paper is distributed for review. The cover sheet should also include the year you began law teaching and a statement that the paper has not yet received any offers of publication.

Posted by Shima Baradaran on April 30, 2012 at 03:39 PM in Constitutional thoughts, Criminal Law | Permalink

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