E. Supp. Vol. 56_ 2015

Everybody’s Going Surfing: The Third Circuit Approves the Warrantless Use of Internet Tracking Devices in United States v. Stanley

Abstract: On June 11, 2014, in United States v. Stanley, the U.S. Court of Appeals for the Third Circuit held that the warrantless use of a tracking device to detect the location of a wireless signal was not a search in violation of the Fourth Amendment. The court reasoned that because the defendant was using […]

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“Wire” Circuit Courts Split on Cable Piracy: The Fifth Circuit Examines Federal Telecommunications Law in J&J Sports Productions, Inc. v. Mandell Family Ventures

Abstract: On May 2, 2014, in J&J Sports Productions, Inc. v. Mandell Family Ventures, LLC, the U.S. Court of Appeals for the Fifth Circuit overturned the lower court’s decision and held that section 605 of the Communications Act of 1934 does not apply to the unauthorized reception of cable wire transmissions originating as radio communications. […]

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Limited Faith in the Good Faith Exception: The Third Circuit Requires a Warrant for GPS Searches and Narrows the Scope of the Davis Exception to the Exclusionary Rule in United States v. Katzin

Abstract: On October 22, 2013, in United States v. Katzin, the U.S. Court of Appeals for the Third Circuit held that police and federal agents must obtain a warrant prior to attaching a GPS device on a vehicle. In doing so, the Third Circuit became the first federal appeals court to add a warrant requirement […]

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The Comfort of Home: Why Peruta v. County of San Diego’s Extension of Second Amendment Rights Goes Beyond the Scope Envisioned by the Supreme Court

Abstract: On February 13, 2014, in Peruta v. County of San Diego, the U.S. Court of Appeals for the Ninth Circuit extended the scope of the Second Amendment to cover the public carry of handguns. Extending the scope of the Second Amendment caused the Ninth Circuit to apply the incorrect standard of scrutiny in analyzing […]

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When Freedom Prevents Vindication: Why the Heck Rule Should Not Bar a Prisoner’s § 1983 Action in Deemer v. Beard

Abstract: In 2014, in Deemer v. Beard, the U.S. Court of Appeals for the Third Circuit held that the Heck v. Humphrey rule required all plaintiffs seeking damages for unconstitutional conviction under § 1983 to demonstrate that the criminal proceeding in question terminated in their favor. This decision defies a majority of circuit courts, which […]

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Real Accountability: The NCAA Can No Longer Evade Antitrust Liability Through Amateurism After O’Bannon v. NCAA

Abstract: On August 8, 2014, in O’Bannon v. National Collegiate Athletic Association, the U.S. District Court for the Northern District of California held that the NCAA’s restriction on compensating student-athletes for the use of their names, images, and likenesses violated the Sherman Act. The court ruled against the NCAA despite a long history of judicial […]

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