Articles
What Alex Kozinski and the Investigation of Earl Bradley Teach About Searching and Seizing Computers and the Dangers of Inevitable Discovery, Widener Law Review (2012)
This paper tells two stories. One concerns the investigation of a Delaware physician named Earl...
The Timely Demise of the Fourth Amendment Third Party Doctrine, Iowa Law Review Bulletin (2011)
In what may be a slightly premature obituary, in this response to a forthcoming paper...
‘Move On’ Orders as Fourth Amendment Seizures, Brigham Young University Law Review (2008)
If a police officer orders one to move on, must the recipient comply? This article...
The Technology of Surveillance: Will the Supreme Court's Expectations Ever Resemble Society's?, Widener School of Law Magazine (2007)
Beyond the (Current) Fourth Amendment: Protecting Third-Party Information, Third Parties, and the Rest of Us Too, Pepperdine Law Review (2007)
For at least thirty years the Supreme Court has adhered to its third-party doctrine in...
Learning From All Fifty States: How to Apply the Fourth Amendment and Its State Analogs to Protect Third Party Information From Unreasonable Search, Catholic University Law Review (2006)
We are all aware of, and many commentators are critical of, the Supreme Court's third-party...
Nothing New Under the Sun? A Technologically Rational Doctrine of Fourth Amendment Search, Mercer Law Review (2005)
The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures. Yet as...
Suing the Insecure?: A Duty of Care in Cyberspace (with Matthew E. Yarbrough), New Mexico Law Review (2002)
The Internet, already of major significance throughout much of the globe, is expected to become...