End-Running Warrants: Purchasing Data under the Fourth Amendment and the State Action Problem
Rather than obtain warrants, law enforcement and intelligence agencies now purchase mass datasets of precise geolocation information from third-party brokers. Scholarship suggests whether the government must obtain a warrant to purchase data relies on whether users have a reasonable expectation of privacy. But this Note suggests that this privacy analysis misses the crux of the controversy.
U.S. Supreme Court Decisions, Both Decided May 25, 2023, Protect Private Property Owners from Overreach by Local (Tax Sale) and Federal (Wetlands) Regulators: Tyler v. Hennepin County and Sackett v. EPA
This piece analyzes two U.S. Supreme Court rulings that expand the constitutional protections afforded private property owners in two regulatory contexts—tax sales administered by local governments and the EPA’s classification of wetlands as “waters under the United States” under the Clean Water Act.
The Freezing and Confiscation of Foreign Central Bank Assets: How Far Can Sanctions Go?
This article explores the legal and policy merits of freezing and confiscating central bank assets to provide reparations to a third state.
Supreme Court Decides Extraterritorial Reach of Civil RICO Claims in Case Involving Foreign Arbitral Award
In a much-discussed decision, the U.S. Supreme Court permitted a Russian judgment creditor’s claims that a U.S. resident had violated the Racketeer Influenced and Corrupt Organizations Act by evading payment of a U.S. judgment enforcing a foreign arbitral award to go forward.
Wrongs To Us
In this Article, I suggest that consortium claims may have a natural place in a rights-based picture of tort law, so long as we have the right picture of rights (and rightsholders) in view.
The Small Agency Problem in American Policing
While hardly immune from the various problems that plague modern policing, research has largely overlooked the thousands of small departments that serve rural areas and small towns. This paper begins to fill this gap by blending together empirical analysis with in-depth case studies that add much-needed texture to the patterns that the data reveal.
The ALI Adviser is intended to inform readers about the legal topics and issues examined in many of ALI’s current projects; posts do not necessarily represent the position of the Institute taken in those projects. Posts on The ALI Adviser are written by ALI project participants, ALI members, and outside sources.