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CONTENTS
1. Administrative
Law
2. Arbitration
3. Biological
or Chemical Threats and Terrorism
4. Bounty
Hunters
5. Canines
(use of police dogs)
6. Civil
Liability and Civil Rights
7. Collective
Bargaining
8. Constitutional
Claims (in general)
9. Decertification
of Police Officers
10. Disability
Discrimination
11. Discipline
12. Discovery,
Confidentiality and Records Privacy
13. DNA
14. Domestic
Partnerships
15. Domestic
Violence
16. Drug
Enforcement
17. Due
Process (for employees)
18. Educational
Requirements and Incentives
19. Eleventh
Amendment
20. E
Mail and Internet Use
21. Employment
Practices
22. English-Only
Rules
23. Ethics
24. Evidence
25. Excessive
Force (by peace officers)
26. Exclusionary
Rule
27. Family
and Medical Leave
28. First
Amendment Rights of Public Employees
29. Gangs
and Police Action
30. Genetic
Testing and Medical Privacy
31. Hairstyle
and Appearance
32. Health
Care
33. Mental
Illness - Police Response to
34. Motor
Vehicle Laws and Searches
35. Negligent
Failure to Protect Crime Victims
36. Nepotism
37. News
Media
38. Perjury
by Police Officers
39. Political
Activity of Police Personnel
40. Polygraph
41. Prisoner
Rights
42. Private
Security
43. Privatization
of Prisons and Criminal Justice
44. Psychological
Testing
45. Race
Discrimination in Employment
46. Race
Relations and the Police; Profiling
47. Resistance
to Arrest
48. Residency
Requirements
49. School
Law
50. Search
and Seizure
51. Sex
Discrimination
52. Sexual
Harassment
53. Sexual
Orientation
54. Smoking
55. Surveillance,
Infiltration, Monitoring and Facial Recognition
56. Stress
57. SWAT
Operations
58. Terrorism
59. Testing
(non psychological)
60. Transsexual
Inmates
61. Vision
Standards
62. Wage
and Hour Claims
63. Workplace
Privacy
64. Workplace Violence
Most law review articles and notes can be downloaded from Westlaw or Lexis-Nexis ®. These are not available from AELE.
• Law
Review: “A Proposal for a Statewide Law Enforcement Administrative Law Council,”
by Wayne W. Schmidt, 2 (3) Jour. of Police Sci. &
Admin. 330-338 (Northw.
Univ. Sch. of Law, 1974).
• Article:
“Defeating mandatory arbitration clauses,” Trial magazine (ATLA Jan. 2000) and
online at www.atlanet.org.
• Article:
“Due process protocol for mediation and arbitration of statutory disputes
arising out of the employment relationship,” on Internet at: http://www.bna.com/bnabooks/ababna/special.htm
(PDF format). The protocol is endorsed
by the Amer. Bar Assn., Amer. Arbitr. Assn., Natl. Empl. Lawyers Assn., FMCS, ACLU, etc.
• Law
Review: “Arbitrating sexual harassment grievances; Defense of mandatory
arbitration of employment disputes,” Univ. of Penn. J. of Labor and Empl. Law, Vol. 2, No. 1. http://www.law.upenn.edu/journals/jlel/.
• Book: The National Conference of
Commissioners on Uniform State Laws has published on the Internet (for
discussion purposes) the latest draft of their revisions to the Uniform
Arbitration Act. Since its publication
in 1955, the UAA has been adopted in 35 states, and in some form in 14 other
jurisdictions. The latest version of the
proposed revisions is at: http://www.law.upenn.edu/bll/ulc/ulc_frame.htm.
BIOLOGICAL
OR CHEMICAL THREATS AND TERRORISM
• Law Review: “Bioterrorism Meets Privacy:
An Analysis of the Model State Emergency Health Powers Act and the HIPAA
Privacy Rule,” by Julie Bruce, Loyola University Chicago Institute for Health
Law, Annals of Health Law, 12 Ann. Health L. 75 (2003) 22,368 words.
• Law Review: “Combating Terrorism in the
Environmental Trenches: Terrorism and the Future of Torts: If Terror Reigns,
Will Torts Follow?” by John M. Barkett, Widener Law
Symposium, 9 Wid. L. Symp. J. 485 (2003) 22,226 words.
• Law Review: “Public Health and
International Law: Bioterrorism, Public Health, and International Law,” David
P. Fidler,
• Law Review: “Biological Terrorism: Legal
Measures for Preventing Catastrophe,” by Barry Kellman,
Harvard Journal of Law & Public Policy, 24 Harv. J.L. & Pub. Pol’y 417 (2001) 26,303 words.
• Law Review: “Confronting Disease in a
Global Arena,” by Lauren Z. Asher, Cardozo Journal of
Intern. and Compar. Law,
• Law Review: “Bioterrorism: Perfectly
Legal,” by Heather A. Dagen, Catholic Univ. Law
Review, 49 Cath. U.L. Rev. 535 (2000) 22,988 words.
• Law Review: “S.B. 1257: Arizona
Regulates Bounty Hunters,” Arizona State Law Journal - Spring, 1999, 31 Ariz.
St. L.J. 229 (11,894 words) Includes a current state-by-state analysis.
• Law Review: “Running from the Law:
Should Bounty Hunters Be Considered State Actors and Thus Subject to
Constitutional Restraints?”
• Law Review: “Bounty Hunters: Can the
Criminal Justice System Live Without Them?”
• Law Review: “Bounty Hunters as
Evidence Gathers: Should they be considered state actors under the Fourth
amendment when working with police?”
• Law Review: “When Man Hunts Man: The
Rights and Duties of Bounty Hunters in the American Criminal Justice System,”
• Law Review: “Tyranny on The Streets:
• Law Review: “An Examination of the
Training and Reliability of the Narcotics Detection Dog,” by Robert C. Bird,
Kentucky Law Journal, Winter, 1996/1997, 85 Ky. L.J. 405 (15,076 words).
• Law Review: “Sniffing out the Fourth
Amendment:
CIVIL LIABILITY AND CIVIL RIGHTS
•
Law Review: “A Plainly Obvious Need For
New-Fashioned Municipal Liability: The Deliberate Indifference Standard and
Board of County Commissioners of
•
Law Note: “
• Law Review: Municipal Liability:
Derivative or Direct? Statutory or Constitutional?
Distinguishing the Canton Case from the Collins Case, DePaul Law Review, Spring, 1999, 48 DePaul L. Rev. 687 (21,465 words).
• Article: “Defending Police Misconduct
Claims: Evaluation, Negotiation, and Settlement,” For the Defense, Feb. 1999.
• Law Review: “False arrest -- damages:
Psychological and legal aftermath of false arrest and imprisonment,” by R. I.
Simon, 21 (4) Bull. Amer. Acad. Psychiatry & the Law: 523-8, 1993. A review of the forensic psychiatric literature and legal cases.
• Law Comment: “Good Cop-Bad Cop:
Reassessing the Legal Remedies for Police Misconduct,” Utah Law Review, 1993
• Law Review: “The Feds, lies, and
videotape: the need for an effective federal role in controlling police abuse
in urban
• Article: J. Ronzio,
Esq. and G. Kiser, Esq., “The Civil Rights Act of 1991.” 59 (5) The Police
Chief 11-12 (May 1992). A succinct summary of the changes.
•
Law Review: “Accountability in Government and Section 1983,” by Mark R.
Brown, Univ. of Mich. Law School, Fall 1991, 25 U. Mich. J.L. Ref. 53 (50,952
words).
• Law Review: “Municipal Liability for
Police Misconduct: Must Victims Now Prove Intent?” by Ruth Friedman, Yale Law
Journal, Feb. 1988, 97 Yale L.J. 448 (14,478 words).
•
Law Review: “Police Liability for Creating the Need To Use Deadly Force
in Self-Defense,” by Frank G. Zarb, Jr., Michigan Law
Review, Aug. 1988, 86 Mich. L. Rev. 1982 (19,695 words).
CONSTITUTIONAL CLAIMS (in General)
• Law Review: “Equal Protection for
Non-Suspect Class Victims, “ by J. Michael McGuinness,
Campbell Law Review, Summer, 1996, 18
DECERTIFICATION OF POLICE
OFFICERS
• Law Review: “Revocation
of Police Officer Certification: A Viable Remedy for Police Misconduct?” by
Roger L. Goldman and Steven Puro,
• Law Review: “Symposium:
New Approaches to Ensuring the Legitimacy of Police Conduct: De-Certification:
Achieving Interstate Reciprocity,” by Clarence Harmon, 22
DISABILITY
DISCRIMINATION
• Law Review: “The practical
impossibility of considering the effect of mitigating measures under the
Americans with Disabilities Act of 1990,” Fordham
Urban Journal, April, 1999, 26 Fordham Urb. L. J. 1267 (18,611 words).
• Law Review: “The determination of
disability under the
• Article: “The
• Law Review: “Avoiding the inevitable:
Resolving conflicts between the
• Article: “Where access control meets
the
• Law Review: Stahlhut,
“Playing the trump card: may an employer refuse to reasonably accommodate under
the
• Article: “Interviews
and Interrogations of Public Employees: Beckwith, Garrity, Miranda and
Weingarten Rights,” by Wayne W. Schmidt, 4 (7) Law Enf.
Exec. Forum 1(Nov. 2004)
• Law Review: “Compelled
Statements from Police Officers and Garrity Immunity,” by Steven D. Clymer, New
York Univ. Law Review (Nov. 2001) 76 N.Y.U.L. Rev. 1309 (25,609 words.
• Law Symposium “The
Rampart scandal: Policing the criminal justice system: calling in the Girl
Scouts: Feminist legal theory and police misconduct,” by Mary Ellen Gale, Univ.
of Pennsylvania Journal of Constitutional Law (Feb. 2001) 3 U. Pa. J. Const. L.
296 (35,020 words).
• Law Review: “The Fair Retail Credit
Act and Workplace Investigations,” Win-Spr. 2000, 15
(3) The Labor Lawyer (ABA) 391-413 (11,224 words).
• Law Note: “Police Discharge: Fifth
Amendment,” Stetson Law Review, Winter, 1999, 28 Stetson L. Rev. 878 (1,203
words).
• Law Review: “Police discipline in
• Annotation: “Suspension of license:
entrapment as a defense in proceedings to revoke or suspend license to practice
law or medicine,” 61 A.L.R.3d 357.
• Article: “Citizen complaints: What the
police should know,” 67 (12) FBI Law Enf. Bull. 1-5 (Dec. 1998); www.fbi.gov/
(full text). Profiles the more
typical complaints and discusses how they are resolved.
• Article: “Just discipline,” 3 (4)
Policing Today 34-37 (Dec. 1997). The
article summarizes the changes in the law desired by the Assn. of Chief Police
Officers in
• Law Note: “A police
officer’s legal, consensual, off-duty sexual relationship is not protected by
the right of privacy under either the federal or
• Law Review: “Code of Silence: Police
Shootings and the Right to Remain Silent,” by Robert M. Myers,
•
Law Review: “To Serve and Yet To Be Protected: The Unconstitutional Use
of Coerced Statements In Subsequent Criminal Proceedings Against Law
Enforcement Officers, by Andrew M. Herzig, William
& Mary Law Review, Fall 1993, 35 Wm and Mary L. Rev. 401 (22,551 words).
• Law Review: “To serve and yet to be
protected: the unconstitutional use of coerced statements in subsequent
criminal proceedings against law enforcement officers,” by Andrew M. Herzig,
• Law Review: “Police Officers Accused of
Crime: Prosecutorial and Fifth Amendment Risks Posed by Police-Elicited ‘Use
Immunized’ Statements,” by Kate E. Bloch,
• Law Review: “A Procedural and
Substantive Guide to Civilian Employee Discipline,” Major Gerard St. Amand, Army Lawyer, Dec. 1986, 1986 Army Law. 6 (16,063 words).
• Law Review: “Public Employees or
Private Citizens: The Off-Duty Sexual Activities of Police Officers and the
Constitutional Right of Privacy,” Michael A. Woronoff,
• Law Review: “Public employees or
private citizens: the off-duty sexual activities of police officers and the
constitutional right of privacy,”
DISCOVERY, CONFIDENTIALITY AND
RECORDS PRIVACY
Also see News Media.
•
Law Review: “Keeping Files on the File Keepers: When Prosecutors are
Forced to Turn Over the Personnel Files of Federal Agents to Defense Lawyers,”
by Lis Wiehl, Univ. of
Washington Law Review, January, 1997, 72 Wash. L. Rev. 73 (29,810 words).
• Article: “Confidentially of internal
reports on personnel matters,” 37 (11) For the Defense 3-7 (Nov. 1995). Defense Research Instit., www.dri.org, dri@mcs.net.
•
Law Review: “DNA Fingerprinting - Justifying the Special Need for the
Fourth Amendment’s Intrusion into the Zone of Privacy,” by Deborah F. Barfield,
• Law Review: “Questioning
the Marriage Assumptions: The Justifications for Opposite-Sex Only Marriage as
Support for the Abolition of Marriage,” by Summer L. Nastich,
Law and Inequality (Winter 2003),
• Law Review: “Domestic Partnership
Benefits: Why not offer them to same-sex partners and unmarried opposite sex
Partners?” by Debbie Zielinski, Clev. St. Univ. Jour.
of Law and Health, 13 J.L. & Health 281, 1998-99 (25,010 words).
• Law Review: “Abuse Your Spouse and
Lose Your Job: Federal Law Now Prohibits Some Soldiers From Possessing Military
Weapons,” Army Lawyer, 1997 Army Law. 25 (4,617 words); also see articles on 18
U.S. Code 922g at: 19 Pace L. Rev. 445 (1999); 30 St. Mary’s L. J. 801 (1999);
29 Rutgers L. J. 607 (1998); and 39 S. Tex. L. Rev. 1029 (1998).
• Law Review: “Good Cop, Bad Cop:
Federal Prosecution of State-Legalized Medical Marijuana After
•
Law Review: “Substantive Due Process Limits on Public Officials’ Power
to Terminate State-Created Property Interests,” by David H. Armistead,
Univ. of Georgia, Spring, 1995, 29 Ga. L. Rev. 769 (25,739 words).
EDUCATIONAL REQUIREMENTS AND INCENTIVES
• Article: “States as defendants in
employment litigation: Beyond Alden v.
• Law Review: “Electronic Communication:
Union Access and Employer Rights,” by Susan Robfogel,
16 (2) The Labor Lawyer (ABA) 231-252 (Fall 2000); info: abasvcctr@abanet.org.
• Law Review: “Defamatory E-Mail and
Employer Liability: Why Razing Zeran v.
America Online is a Good Thing,” by Michael H. Spencer, 6 Rich. J.L. &
Tech. 25, Spring 2000; http://www.richmond.edu/jolt/v6i5/article4.html.
• Article: “Communications technology in
the workplace,” Amer. Bar Assn., available in PDF format at www.bna.com/bnabooks/ababna/stdev/2000/stdevplace.pdf.
• Law Review: “Employer Monitoring of
Employee Electronic Mail and Internet Use,” by Charles Morgan, McGill Law
Journal, December, 1999, 44 McGill L.J. 849 (29,940 words).
• Law Review: “Privacy in Public and
Private E-Mail and On-Line Systems,” Pace Law Review, Fall, 1998, 19 Pace L.
Rev. 95 (20,478 words).
• Law Review: “‘Don’t Ask, Don’t Tell;’
A Discussion of Employee Privacy in Cyberspace in Light of McVeigh
v. Cohen,” by Clifford T. Karafin,
• Law Review: “All bark, no byte:
employee e-mail privacy rights in the private sector workplace,” by Alexander
Rodriguez, Emory Univ. Law Journal, Fall, 1998, 47 Emory L.J. 1439 (19,894
words)
• Law Review: “Windows Nine-to-Five:
Smyth v. Pillsbury and the Scope of an Employee’s Right of Privacy,” by Rod
Dixon, Univ. Virginia Journal of Law and Technology Fall 1997, 2
•
Article: “Legal issues associated with electronic messaging,” by AELE
staff; contains a model policy for local use, Police Chief, June 1997 pp. 10-12
and at www.aele.org/electmess.html.
• Law Review: “Note: Keeping Secrets in
Cyberspace: Establishing Fourth Amendment Protection for Internet
Communication,” Harvard Law Review, May, 1997, 110 Harv.
L. Rev. 1591 (11,582 words).
•
Booklet: “Guide to E-Mail and the Internet in the Workplace,” by Susan Gindin, examines the legal issues that can arise as a
result of e-mail and Internet use in the workplace, and is written to aid
employers to avoid or resolve disputes.
It includes a description of the type of information that should be
included in an employer’s policy on e-mail and Internet usage and an example of
such a policy. To purchase the guide, call BNA Publications at 1-800-372-1033.
• Article: “Employer rights in
monitoring employee e-mail,” and “Employer rights and obligations under the
FMLA,” 40 (11) For the Defense 17-20 and 21-26.
Defense Research Institute, www.dri.org,
dri@mcs.net.
• Law Review: “Electronic
communications and the law: help or hindrance to telecommuting?” by Jennifer C.
Dombrow, 50 (3) Fedl. Cmnctns. L. J. (Ind. Univ.) 686. A well-researched article on workplace
electronic privacy, with 170 footnotes.
The article is free and online at:
www.law.indiana.edu/fclj/pubs/v50/no3/dombrow.html.
• Article: “E-mail policy by the letter,”
40 (4) Security Management (A.S.I.S.) 69-75 (Apr. 1996). Download on the
Internet at www.securitymanagement.com.
• Article: “Employers, employees and
e-mail,” Spring 1996 The Job Description (DRI) 9-11. www.dri.org, dri@mcs.net.
• Article: “Employers, employees and
e-mail,” DRI The Job Description 9-11 (Spring 1996). Defense
Research Institute, Inc; www.dri.org, dri@mcs.net.
• Law Review: Witt, “Terminally nosy:
are employers free to access our electronic mail?”
• Law Review: “An Affront to Human
Dignity: Electronic Mail Monitoring in the Private Sector Workplace,” by Larry
O. Natt Gantt,
• Booklet: “Managing records in e-mail
systems,” N.Y. State Archives and Records Administration, State Education
Dept.,
• Book: “Computer Privacy Handbook,” by
A. Bacard. Peachpit Press,
274 pp. (1995).
• Book: “The Law of Electronic Commerce:
EDI, E-mail and Internet,” by B. Wright, looseleaf,
Little Brown & Co. (2d edit., 1995).
• Book: “E-mail Security: How to Keep
Your Messages Private,” by Bruce Schneider - J. Wiley & Sons, 365 pp.
(1995).
• Booklet: “Privacy Tool Kit,” by D. Johnson
et al. Electronic Messaging Assn., 45 pp. (1994).
• Report: “Directive on the protection
of individuals with regard to the processing of personal data and on the free
movement of such data,” European Union:
• Book: “Regulating
Privacy,” by Colin Bennett, - Data protection and public policy in
• Catalog: “Information Security,” a 48
pp. color catalog that contains books on viruses, encryption, computer fraud,
website and PC security, disaster recovery, firewalls, ethics, etc. (717)
258-1816.
• Law Review: “Demotion and discharge of
municipal employees in
• Law Review: “Legal Regulation of
Employment Reference Practices,” by J. Hoult Verkerke,
• Law Review: “A practical guide to
hiring and firing public employees,” 29 (2) The Urban Lawyer (ABA) 293-308
(Spring, 1997); abasvcctr@abanet.org.
• Article: “Employment
Information Release Agreements,” by Daniel J. Schofield, FBI Law Enf. Bulletin Dec. 1996; www.fbi.gov/ (full text).
• Law Review: “English only rules in the
workplace,” 15 (2) The Labor Lawyer (ABA) 295-308 (Fall 1999), abasvcctr@abanet.org.
• Article: “EEOC ‘English-only’
challenges rising,” 66 Law Week (BNA) 2375.
EEOC challenges rose from 8 per quarter in FY 96/7 to 14 filed between
Oct/Dec 1997. Under the agency’s guidelines, a worker establishes a prima facie
disparate impact cause of action by showing the very existence of the policy;
see 29 CFR §1606.7(a),(b).
• Law Review: “Police Reform and the
Department of Justice: An Essay on Accountability,” by Debra Livingston,
• Article: “Disclosing officer
misconduct: a constitutional duty,” 65 (6) FBI Law Enf.
Bull. 27-32 (July 1996); Internet URL www.fbi.gov/ (full text).
• Report: “Hair assays for drugs of
abuse in a probation population: implementation of a pilot study in a
correctional field setting,” NCJ 152420.
Dept. of Justice.
• Article: “Hair analysis as a drug
detector,” NCJ 156434. Dept. of Justice.
•
Law Review: “Comment: Corroborating Confessions: An Empirical Analysis
of Legal Safeguards Against False Confessions,” by Corey J. Ayling,
Univ. of Wisconsin, Jul-Aug. 1984, 1984 Wis. L. Rev. 1121 (52,035 words).
EXCESSIVE FORCE (BY PEACE OFFICERS)
• Article: “ ‘We Own the Night’- Amadou Diallo’s Deadly Encounter
with
• Article: “Warrior Cops: The Ominous
Growth of Paramilitarism in American Police
Departments,” Cato Institute Briefing Paper No. 50,
•
Law Review: “Patterns of Injustice: Police Brutality in the Courts,” by
Prof. Susan Bandes, DePaul Univ. Col. of Law, 47
Buffalo L. Rev. 1275, Buffalo Law Review, Fall, 1999 (33,784 words).
• Law Symposium: “Police violence:
Causes and cures,” Brooklyn Law School
Journal of Law and Policy, 7 J.L. & Pol’y
111 (1998).
• Law review: “Can Soldiers Be Peace
Officers? The Waco Disaster and the Militarization
of American Law Enforcement,” by David Kopel and Paul
Blackman, Akron Law Review, 1997, 30
• Law Note: “Psychological health tests
for violence-prone police officers: Objectives, shortcomings, and alternatives,”
Stanford Law Review, 46 Stan. L. Rev. 1717 (1994).
• Law Review: “Psychological Health
Tests for Violence-Prone Police Officers: Objectives, Shortcomings, and
Alternatives” by Michelle A. Travis, 46 Stanford L. Rev. 1717 July, 1994
(36,405 words).
• Law Review: “Bifurcation of Civil
Rights Defendants: Undermining Monell in Police
Brutality Cases,”
• Law Symposium: “Reform of the
Exclusionary Rule: It is Broken: Breaking the Inertia of the Exclusionary Rule,”
Pepperdine Univ. Law Review, 1999, 26 Pepp. L. Rev. 971 (28,639 words).
• Law Review, “Confessions, search and
seizure and the Rehnquist court,”
FAMILY, MEDICAL AND PERSONAL LEAVE
• Law Note: “The
Family and Medical Leave Act of 1993: Proving or defending a claimed violation,”
by Richard Stevens, Suffolk Journal of Trial & Appellate Advocacy, 1999, 4
• Law Review: “Absenteeism
under the Family and Medical Leave Act and the Americans with Disabilities Act,”
50 DePaul L. Rev. 183 (2000).
FIRST AMENDMENT RIGHTS OF PUBLIC
EMPLOYEES
• Law Review: “Constitutional Law --
Supreme Court Restricts First Amendment Rights of Public Employees,” by Stevan Dittman, Tulane Law
Review, Jan., 1984, 58 Tul. L. Rev.
831 (10,814 words).
• Law Review: “Gang Loitering, the
Court, and Some Realism about Police Patrol,” by Debra Livingston,
• Law Note: “Medical
Records and Your Privacy: Developing Federal Legislation to Protect Patient
Privacy Rights,” (2000) 26 Am. J. L. and Med. 453, Boston University School of
Law and American Journal of Law & Medicine (16,721 words).
• Law Review: “A Critical Analysis of Health
and Human Services’ Proposed Health Privacy Regulations in Light of The Health
Insurance Privacy and Accountability Act of 1996,” 9 Ann. Health L. 1, Annuals
of Health Law, Loyola University Chicago Institute for Health Law 2000 (34,642
words).
• Law Review: “Health
and human services’ privacy proposal: A failed attempt at health information
privacy protection,” 40 Brandeis L.J. 1065, Brandeis Law
Journal,
• Law Review: “The
Vulnerability of HIPPA Regulations to First and Fourth Amendment Attack: An
Addendum to Evolving Constitutional Privacy Doctrines Affecting Healthcare
Enterprises,” 56 Food Drug L.J. 281, The Food and Drug Law Institute, Food and
Drug Law Journal, 2001 (16,497 words).
• Law Review: “Is too
much privacy bad for your health? An introduction to the law, ethics, and HIPPA
rule on medical privacy,” 17 Ga. St. U.L. Rev. 481, Georgia State Univ. Law Review,
Winter 2000 (22,897 words).
• Law Review: “Privacy
rights in personal information: HIPPA and the privacy gap between fundamental
privacy rights and medical information,” 19 J. Marshall J. Computer & Info.
L. 535, The John
• Law Review: “Genetic privacy and
discrimination: a survey of state legislation,” 39 (3) Jurimetrics (ABA)
317-326 (1999).
• Law Review: “Symposium on genetic
privacy,” nine articles covering laws, insurance, privacy, etc., 40 (1) Jurimetrics
(ABA) 1-152, Fall 1999.
• Law Review: “Genetic privacy and
discrimination: a survey of state legislation,” 39 (3) Jurimetrics (ABA)
317-326 (1999), ABA Sci. & Techn.
Section, abasvcctr@abanet.org. This is a comparison of the 44 states that
had genetic privacy and/or discrimination legislation as of Jan. 1999.
• Law Review: “No shoes, no shirt, no
education: dress codes and freedom of expression behind the postmodern
schoolhouse gates,” 9 Seton Hall Const. L.J. 337 (1999).
• Law Review: “Secondhand Codes: An
Analysis of the Constitutionality of Dress Codes in the Public Schools,” 80
• Law Review: “Employees’ personal
appearance,” 11 (2) The Labor Lawyer (
• Law Review: “Suits for the hirsute:
defending against
• Article: “Grooming and weight
standards for law enforcement: the legal issues,” 63 (7) FBI Law Enfor. Bull. 27-32 (Jul. 1994); www.fbi.gov/ (full text).
• Law Review: “Only girls wear
barrettes: dress and appearance standards, community norms, and workplace
equality,” 92
• Law Review: “A hair piece:
perspectives on the intersection of race and gender,” 1991 Duke L.J. 365
(1991).
• Law Review: “Restricting gang clothing
in public schools: does a dress code violate a student’s right of free
expression?,” 64 S. Cal. L. Rev. 1321 (1991).
• Law Review: “Soul Rebels: The
Rastafarians and the Free Exercise Clause,”72 Geo. L.J. 1605 (1984).
• Article: Law enforcement officers in
• Article: “Managing Sick and Injured
Employees,” by C, McNaught and D. Schofield, FBI Law Enfor. Bull., Jan. 1998; www.fbi.gov/ (full text).
• Article: “Carcinogenic corrections:
environmental health conditions impact correction employees,”14 (12) Crime
& Jus. Intrntl. 9 (Jan. 1998).
Reprints: UIC/OICJ,
• Article: “Public Health Service
Guidelines for the Management of Health-Care Worker Exposures to HIV and Recommendations
for Postexposure,” was published by the Centers for
Disease Control in May, and can be downloaded in PDF format at ftp://ftp.cdc.gov/pub/Publications/mmwr/rr/rr4707.pdf.
• Article: “Occupational exposure to
environmental tobacco smoke (ETS),” 274 (12) JAMA 956-60 (
•
Law Note: “Involuntary Exposure to Second-Hand Smoke in Prison Supports
a Valid Cruel and Unusual Punishment Claim if the Risk to One’s Health is
Unreasonable and Prison Officials are Indifferent to that Risk - Helling v. McKinney, 113 S. Ct. 2475 (1993), Seton Hall
Univ. Law Review, 1994, 25 Seton Hall L. Rev. 314 (27,744 words).
•
Law Note: “Pregnant Inmates’ Right to Health Care,” by Mary McGurrin, New England Journal on Criminal and Civil
Confinement, Winter, 1993, 20 N. E. J. on Crim. &
Civ. Con. 163 (16,298 words).
• Article: “The Family and Medical Leave
Act of 1993, by J. Higginbotham, FBI Law Enfor. Bull., Dec. 1993; www.fbi.gov/
(full text).
MENTAL ILLNESS - POLICE RESPONSE TO
• Article: “Law
Enforcement’s Response to People with Mental Illness,” by Michael Klein, FBI
Law Enforcement Bulletin (March, 2002).
• Article: “Civil
Liability and Mental Illness: A Proactive Model to Mitigate Claims,” by Rodney
Hill, Esq., Police Chief (June 2001).
• Booklet: “The Police Response to People with
Mental Illnesses -- Including Information on the Americans with Disabilities
Act Requirements and Community Policing Approaches: A Trainers Guide and Model
Policy,” Police Executive Research Forum, Libr. of Congr. Catalogue No 97-75599,
ISBN 1-878734-55-5 (1997).
• Training materials:
“Dealing with the Mentally Ill,” Training Key #487 (1998) and “Dealing with the
Mentally Ill, IACP Model Policy, Intern. Assn. of Chiefs of
Police (1997).
• Law Review: “Employees with Mental and
Emotional Problems -- Workplace Security and Implications of State
Discrimination Laws, the Americans with Disabilities Act, the Rehabilitation
Act, Workers’ Compensation, and Related Issues,” by Janet E. Goldberg, Stetson
Law Review (Fall 1994) 24 Stetson L. Rev. 201 (21,010 words, 240 notes).
MOTOR VEHICLE LAWS AND SEARCHES
Also see Canines (use of police dogs), Race Relations and the Police; Profiling
and Search and Seizure.
• Article: “The Motor Vehicle Exception:
When and Where to Search,” by Lisa Regini, FBI Law Enfor. Bull., July, 1999; www.fbi.gov/ (full text).
• Law Review: “Without a warrant,
probably cause or reasonable suspicion: Is there any meaning to the Fourth
Amendment while driving a Car?,” Houston Law Review, Spring, 1999, 35 Hous. L. Rev. 1683 (27,692 words).
• Law Review: “Beyond privacy, beyond
probable cause, beyond the Fourth Amendment: New strategies for fighting
pretext arrests,”
• Law Note: People v. Barnes: George
Orwell’s 1984 Revisited: Unbridled and Impermissible Police Use of Computer
Power in the Modern Age,” by Sam L. Amirante, Loyola
Univ. Chicago Law Journal, Summer, 1997,28 Loy. U. Chi. L.J. 667 (10,002 words).
•
Law Note: “The Unreasonable Expectation of Privacy: The ‘New’ New Jersey
Supreme Court Reevaluates State Constitutional Protections, by Scott Carbone, Seton Hall Univ. Law Review, 30 Seton Hall L. Rev.
361 (19,873 words).
• Law Note: “
• Article: “Pretext Traffic Stops: Whren v.
NEGELIGENT FAILURE TO PROTECT CRIME VICTIMS
•
Law Review: “The Unusual Suspects: Journalists as Thieves,” by William
E. Lee, College of William and Mary William & Mary Bill of Rights Journal,
Dec. 1999, 8 Wm. & Mary Bill of Rts. J. 53
(50,343 words)
• Law Review: “Privacy and the First
Amendment Right to Gather News,” by Rodney A. Smolla,
George Washington Law Review, Jun-Aug, 1999, 67 Geo.
•
Law Review: “Comment: Much Ado About Newsgathering: Personal Privacy,
Law Enforcement,” and the Law of Unintended Consequences for Anti-Paparazzi
Legislation, by Andrew D. Morton,
• Law Symposium: “Privacy and the Law:
The Media’s Intrusion of Privacy: Privacy and the First Amendment Right to
Gather News,” by Rodney A. Smolla, George Washington
Law Review, Jun/Aug 1999, 67 Geo.
•
Law Review: “Secrets and Lies: News Media and Law Enforcement Use of
Deception as an Investigative Tool, by Bernard Bell, Univ. of Pittsburgh Law
Review, Spring, 1999, 60 U. Pitt. L. Rev. 745 (57,867 words).
• Law Review: “Secrets and Lies: News
Media and Law Enforcement Use of Deception as an Investigative Tool,” by
Bernard W. Bell,
• Law Note: “Police Liability for the
Media ‘Ride-Along,’” by David E. Bond, Boston Univ. Law Review, October, 1997,
77 B.U.L. Rev. 825(31024 words).
• Law Review: “Note: Outtakes, Hidden
Cameras, and the First Amendment: A Reporter’s Privilege,” by Alison