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Articles Posted in Constitutional Law

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Can A Government Agency Wiretap A Private Citizen’s Phone Without Probable Cause or Legal Authority?

A government agency such as the Drug Enforcement Administration (“DEA”) cannot wiretap a private citizen’s phone without probable cause or legal authority since it would violate constitutional and statutory protections. Wiretapping without lawful authority is illegal and can lead to significant consequences for law enforcement officials who overstep their bounds.…

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Punitive Damages: California State and Federal Laws

Introduction Punitive damages are an important aspect of the civil justice system in California, aiming to punish and deter defendants who have engaged in egregious misconduct. These damages go beyond compensating plaintiffs for their losses and are intended to send a strong message against reprehensible behavior. California state and federal…

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United States Patent Laws: An Overview of Intellectual Property Protection

Patents are a type of intellectual property protection that grants inventors the exclusive right to prevent others from making, using, or selling their invention for a limited period. In the United States, the federal government regulates the patent system, providing inventors with legal protection for their creations. In this article,…

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Cyberstalking and Cyberharassment Laws

Cyberstalking takes place when the culprit uses information and communication technologies to initiate the violations. These actions may include harassment, annoyance, attacks, or threats against the victims. The culprits can start the attacks by emails, instant messages, calling, texting, or other communication methods. There have been cases where the culprit…

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Neurolaws and Privacy Rights

Neurolaws and privacy rights are still in the development stages. Neurological advances have allowed scientists to connect electrodes to the brain for analytical procedures. These electrodes can be connected in a non-invasive manner so they can download brain data. Now, this brain data can be analyzed to help patients with…

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United States Government Surveillance Programs – Part III

The National Security Agency (“NSA”) along with other government agencies (e.g., FBI, CIA) have expanded their surveillance programs after several terrorist attacks took place on domestic soil. It is a known fact that the federal government is systematically tracking domestic and international calls of its citizens. The surveillance program does…

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United States Government Surveillance Programs – Part II

The governments of many countries have initiated surveillance programs to protect national security. These programs were allegedly designed and instigated to fight against terrorism and other criminal activities. For example, the British Government has setup a similar program to the United States government’s PRISM  program which is called TEMPORA. The…

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United States Government Surveillance Programs – Part I

The United States government has implemented surveillance programs to promote national security. These programs are designed to gather and process electronic information that could arguably assist government agencies in their efforts to enhance national security. However, there is an argument being made that the federal government is using the resources…

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Workplace Privacy Rights – Part III

There is a general presumption that workplace privacy does not exist under any circumstances. However, that is not always the case. The state Constitution grants privacy rights and a private right of action to file a lawsuit against employers who violate those rights. It states in relevant part that: “All…

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Workplace Privacy Rights – Part II

Workplace privacy rights and legal restrictions on workplace monitoring are important issues. Many employers monitor employee activities to increase productivity and avoid workplace violations. They may use special software to monitor the network activities which can include email, telephone, and internet activities. However, they should also consider the employee’s reasonable…

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