Corinne Lestch and Ben Chapman report: In an unprecedented move, education officials will hand over personal student data to a new private company to create a national database for businesses that contract with public schools. Working with the city, state education officials are already uploading private information about students — their names, addresses, test scores,…
Category: U.S.
Article: On the “Considered Analysis” of Collecting DNA Before Conviction
David H. Kaye has an article in the 60 UCLA L. Rev. Disc. 104. Here’s the Abstract: For nearly a decade, DNA-on-arrest laws eluded scrutiny in the courts. For another five years, they withstood a gathering storm of constitutional challenges. In Maryland v. King , however, Maryland’s highest court reasoned that usually fingerprints provide everything…
Not So Settled: FTC Language Change Could Add Liability
E. J. Schultz reports: When faced with allegations of false advertising, the goal for most marketers is pretty simple: settle and stay out of court. But that might be harder to do as the Federal Trade Commission begins taking a harder line on deals, requiring new boilerplate language that ad lawyers say could harm the…
What is the Ninth Circuit’s Standard for Border Searches Under United States v. Cotterman?
Orin Kerr writes: Last Friday the Ninth Circuit decided United States v. Cotterman, a case on the border search exception to the Fourth Amendment. The en banc court held that manually searching for files through a computer is allowed at the border, but that “forensic examination” at the border requires reasonable suspicion. […] the Cotterman opinion raises…