The Supreme Court’s Refusal to Hear Case Involving the Illinois Eavesdropping Act

By Courtney Elliott, Albany Government Law Review

In recent years, courts have had to examine wiretap statutes in relation to recording law enforcement officers during the performance of their job duties.[1]  Most Americans now carry at least one mobile device capable of recording audio and video with the simple click of a button.[2]  Several commentators have observed that it is now common for citizens to use video cameras to document daily life, as well as police activity.[3]  On November 26, 2012, the United States Supreme Court denied certiorari in the case of Alvarez v. ACLU of Illinois,[4] leaving in place a federal appeals court’s injunction against an Illinois anti-eavesdropping law which criminalizes audio recording of part or all of a conversation unless all parties involved agree to the recording.[5]

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The Obama Administration Rescinds Old Regulations Affecting Provider Conscience Laws

By Melissa Dizon, Albany Government Law Review Class of 2011

Introduction

On February 18, 2011 the United States Department of Health and Human Services announced its new rule regarding health care and conscience clauses.[1]  The new rule replaces a controversial rule that the Bush Administration issued in 2008, during George W. Bush’s  last days in office.[2]  The new rule ensures that the law protects health care providers who object to performing or assisting an abortion, while eliminating confusion of the previous rule that the definition of abortion also included contraception.[3]  This is undoubtedly a point for the pro-choice faction, but one can imagine it will spark the conscience clause debate anew.

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Albany County’s Cyber-bullying Law: Is it Constitutional?

Written by Alaina Bergerstock, Albany Government Law Review Member

 

Introduction

The days of traditional bullying on the playground or school bus have transformed into a more technological type of bullying called “cyber-bullying,” as discussed in a recent article by Michael Telfer.[1] Cyber-bullying has increasingly become an extremely serious problem as technology develops.   Cyber-bullying not only includes written words in chat rooms and instant messages, but it also includes impersonation through the creation of fake Facebook and MySpace pages.[2] In addition, “happy slapping” has developed as a new means of cyber-bullying.[3] “Happy slapping” involves a victim being physically attacked while the attacker’s accomplice stands by and videotapes or takes pictures of the attack, and the video and/or pictures are then posted on an online site, such as YouTube.[4] Another means of cyber-bullying is where an individual takes pictures of the victim in the locker room, bathroom, or other location, and then posts those pictures online.  Online polls, in which readers are asked to vote on humiliating questions about the victim, are also used to cyber-bully.[5]

The problem with cyber-bullying in comparison to face-to-face bullying is that bullying that occurs via electronic means is capable of reaching a lot of people at once[6] Cyber-bullying also has the potential of being an around the clock problem since not only does it happen during school hours, but it also takes place off of school grounds.[7] The use of internet and cell phones allow bullies to torment their victims any time they want.  Young people are using the internet and text messaging as a means of bullying because it is easier for them to be mean when they don’t have to face their victims.  The internet allows an individual to make embarrassing and derogatory comments and remain anonymous.  However, the truth is that cyber-bullying hurts just as much, if not more, than if a victim is being bullied in person.[8] The importance of peer approval to children is high and thus, cyber-bullying can be extremely destructive to those who fall victim to it.[9] Unfortunately, the prevalence of cyber-bulling is increasing; “[t]he U.S. Justice Department recently reported that cyber-bullying is at an all-time high, with 43 percent of teens saying they have been victims.”[10] Continue reading “Albany County’s Cyber-bullying Law: Is it Constitutional?”

The Ghost, The Building, The Battle

Jason St. James, Albany Government Law Review Member

On September 11, 2001 the collective consciousness of the United States of America was forever shattered.  Gone was the visage of invincibility, replaced by feelings of disbelief, heartache, shock, and awe, the likes of which had not been felt since the attack on Pearl Harbor on December 7, 1941.  While almost seven decades separate these catastrophic events, one common thread still exists: the spirit of America was underestimated.  In the wake of the unimaginable, President George W. Bush stated, “[o]ur enemies have made the mistake that America’s enemies always make.  They saw liberty and thought they saw weakness.  And now, they see defeat.”[1] Another conflict now looms on the horizon.  This battle is not being waged by the use of arms, but through a clashing of ideals.  The ambitious Park51 Project acts a lithmus test of U.S. resolve to learn and move past the 9/11 tragedy.

Park51, originally designated as the “Cordoba House,” is a proposed fifteen-story Muslim community center located approximately two city blocks from the World Trade Center site[2] in Lower Manhattan. Imam Feisal Abdul Rauf and Soho Properties Chairman and CEO, Sharif El-Gamal, are heading the project.  The Park51 Project has been controversially referred to as the “Ground Zero Mosque” because it will contain a Muslim prayer space capable of holding between 1000–2000 people.[3] However, the community center design also includes a 500-seat auditorium, theater, performing arts center, fitness center, swimming pool, basketball court, child care area, library, culinary school, art studio, food court, and a September 11 memorial.[4] The proposed community center will be replacing an 1850’s Italian-style structure that was being used as both a Syms and Burlington Coat Factory, until the building was damaged during the September 11 attack on the World Trade Center.[5] One possible obstacle to the construction was the discussed conferment of landmark status upon the current 1850’s building, but on August 3, 2010, New York City’s Landmarks Preservation Commission voted 9–0 against granting landmark status and historic protection to the building, thus clearing the way for the building’s demolition.[6]

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