Document Type
Article
Publication Date
Spring 2007
Abstract
Einstein's esteem for theoretical physics and Dostoyevsky serve as a conduit for this article's discussion about the similarities between the evolution of theoretical physics and the criminal process related to Fourth Amendment privacy rights. Part I of this Article demonstrates that law and science share traits of rationality, a quest for universality, and theoretical evolution. Part II traces the parallel paths of Fourth Amendment privacy rights and theoretical physics. Part III illustrates the radical alterations in theoretical physics created by Einstein's relativity discoveries and the radical alterations in Fourth Amendment privacy rights created by the U.S. Supreme Court's decision in Katz v. United States. Both Einstein's relativity and the Katz's two-prong test for Fourth Amendment privacy rights demonstrated a variance from absolutism to fluidity. In the final part of the article, the author will hypothesize that both Einstein's relativity contributions and the Supreme Court's decision in Katz have answered some questions and formulated others, all of which unveil exciting future challenges in the area of theoretical physics and Fourth Amendment privacy law.
Recommended Citation
Omar Saleem, The Physics of Fourth Amendment Privacy Rights, 32 T. Marshall L. Rev. 147 (2007)
Included in
Constitutional Law Commons, Fourth Amendment Commons, Law and Philosophy Commons, Privacy Law Commons