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Allegations of excessive force in policing have been cited as one of the most frequent claims filed against the police in arrest situations. The United States Supreme Court in Graham v. Connor (1989) determined that “objective reasonableness” is the Fourth Amendment standard to be used in evaluating claims of excessive force. This paper analyzes the patterns of lower federal court decisions in 1,200 published Section 1983 cases decided from 1989 to 1999. The assessment examines how these courts have applied and interpreted the standard in four categories involving force. Policy and training issues are discussed and future research concerns are presented.

The purpose of this paper is to provide a survey piece on the concept of privacy and the justification of privacy rights.

This article reviews each of the following areas: a brief history of privacy; philosophical definitions of privacy along with specific critiques; legal conceptions of privacy, including the history of privacy protections granted in constitutional and tort law; and general critiques of privacy protections both moral and legal.

A primary goal of this article has been to provide an overview of the most important philosophical and legal issues related to privacy. While privacy is difficult to define and has been challenged on legal and moral grounds, it is a cultural universal and has played an important role in the formation of Western liberal democracies.

The paper provides a general overview of the issues and debates that frame this lively area of scholarly inquiry. By facilitating a wider engagement and input from numerous communities and disciplines, it is the authors' hope to advance scholarly debate in this important area.

Looks at drug use (and testing for it) in the workplace, and how it affects businesses. States, although drug users affect fellow workers through accidents at work, the non‐users may also experience lowered morale. Directs employers how to introduce and operate drug testing programmes, listing six considerations. Concludes that once employers are aware of the legality of their actions they can perform drug testing programmes and provide both a drug‐free workplace and a safe working environment.

This paper aims to (a) summarize the legal and ethical foundations of privacy with connections to workplace emails and text messages, (b) describe trends and challenges related to “Bring Your Own Device” (BYOD), and (c) propose legal and nonlegal questions these trends will raise in the foreseeable future.

Based on a review of legal cases and scholarship related to workplace privacy, implications for BYOD practices are proposed.

Primarily due to property rights, employers in the USA have heretofore been granted wide latitude in monitoring employee communications. The BYOD trend has the potential to challenge this status quo.

BYOD programs present discernable threats to employee privacy. Attention is also directed toward contributing elements such as wearable technology, cloud computing and company cultures.

Qualified immunity is a defense available to law enforcement officials in Section 1983 lawsuits alleging constitutional violations. Whether qualified immunity is granted hinges on the objective reasonableness of the officer’s actions; that is, on what a reasonable officer would have done under the circumstances. However, when a plaintiff alleges a Fourth Amendment violation, another objective reasonableness test is used. The result can be a paradoxical finding of reasonably unreasonable conduct. The present study examines this quizzical feature of civil liability law and seeks to clarify the role that both objective reasonableness tests play. In doing so, it examines the varying definitions of objective reasonableness, reviews a number of court decisions where the Fourth Amendment and qualified immunity have collided, and makes recommendations for minimizing future confusion.

Discusses the origin, the purposes, and the development of the Exclusionary Rule and the good faith exception to the rule with special emphasis on the now defunct HR666 (Exclusionary Rule Reform Act, 1995), which would have allowed the admission of evidence not now admissible under the currently recognized exceptions of the rule. Proposes that the judicially created exceptions to the rule have been excessive and suggests that police officers are tempted to violate intentionally the warrant rule, so causing innocent persons to be caught in the net.

Thoreau heartily accepted the motto, ‘that government is best which governs least’. Our forefathers braved treacherous oceans and alien lands emboldened by that belief, after enduring the Crown's heavy hand invading and restricting their religious and personal lives. That is why, among the many freedoms embodied in our Constitution, the right to privacy was included in the Fourth Amendment to protect individuals from arbitrary intrusion by the state. The right has been fundamental to the establishment of a more tolerant society devoted to the principles of liberty and justice for all.