This review focuses on government use of technology to observe, collect, or record potential criminal activity in real-time, as contrasted with “transaction surveillance” that involves efforts access already-existing records and exploit Big Data, topics have been the focus previous reviews (Brayne 2018, Ridgeway 2018). Even so limited, surveillance technologies come many guises, including close...

At some historical points, all classes and professions of a society, despite all the differences and disagreements, flow into one single stream to reach a higher goal. Iranians have had this historical experience many times throughout history: during the Constitutional Revolution (1905-1911), and also in the Islamic Revolution in 1979. In the Constitutional Revolution, all classes and professio...

the iranians’ understanding of the political concepts posed in mashruteh (constitutional) period is a challenging issue which can help us better study iran’s constitutional revolution and the grounds for its failure. right and law are two modern political concepts which entered into this period as part of people’s claims. the iranians’ image of the said concepts is the basic issue discussed in ...

Can constitutional rights be both personal and rule-dependent? Can it be true of constitutional adjudication (1) that a constitutional litigant must assert “her own” rights, and yet also (2) that the viability of a constitutional challenge depends (or sometimes depends) on whether a particular type of legal rule, for example, a discriminatory or poorly tailored rule, is in force? In a previous ...

This dissertation develops a theory of post-national constitutional law, sovereignty, and solidarity that draws on conceptions of identity and time from across Anglo-American legal theory, continental political and social thought, and European jurisprudence. It attends to how post-national law might gather together texts, discourses, practices, and institutions in a shared effort to transform t...

Scholars critical of the constitutionalization of American politics use the history of struggles over reproductive health to illuminate the costs of constitutional discourse. This Article reconsiders the costs of constitutional discourse from the inside out, unearthing the history of how members of the pro-choice movement debated, revised, criticized, and ultimately embraced what many activists...

When the coronavirus disease 2019 (COVID-19) reached Switzerland in February 2020, Federal Act of 28 September 2012 on Combating Communicable Human Diseases (Epidemics Act, EpA)’ had been place for more than four years. The EpA was subject to a referendum 2013. 60% voters approved bill. set three-tier approach place: An aggravation epidemiological circumstances leads, based respective decision ...

When the Second Circuit decided McKithen v. Brown, it joined an ever-growing list of courts faced with a difficult and pressing issue of both constitutional and criminal law: is there a federal constitutional right of post-conviction access to evidence for DNA testing? This issue, which sits at the intersection of new forensic technologies and fundamental principles of constitutional due proces...

Courts, and especially the Supreme Court, frequently engage in moral reasoning as an aspect of their judicial decision making.1 And it is both necessary and desirable that they do So. Although it may be impossible to specify precise rules concerning the occasions for invocation of moral judgments or the weight that such judgments should be given in comparison with other legally relevant factors...