Emory Law Journal

Volume 68Issue 1

The President’s Immigration Courts

Catherine Y. Kim | 68 Emory L.J. 1 (2018)

Although scholars have long observed the expansion of presidential control over federal agencies, the conventional narrative has assumed that the White House and its political appointees generally have refrained from interfering in one form of administrative decision-making—that of agency adjudications. The Trump Administration has cast doubt on that assumption, deploying a series of reforms designed to fundamentally reshape adjudication in our nation’s immigration courts. This Article evaluates these emerging tools of political influence and develops a normative framework for assessing the legitimacy of presidential control over agency adjudications more generally.

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Digital Searches, the Fourth Amendment, and the Magistrates’ Revolt

Emily Berman | 68 Emory L.J. 49 (2018)

Searches of electronically stored information present a Fourth Amendment challenge because it is often impossible for investigators to identify and collect, at the time a warrant is executed, only the specific data whose seizure is authorized. Instead, the government must seize the entire storage medium and extract responsive information later, thereby ensuring that they will encounter vast amounts of non-responsive (and often intensely personal) information contained on the device. In response, some magistrate judges have begun issuing warrants that place limits on how those searches may be carried out—a development that some have referred to as a “magistrates’ revolt.” This Article argues that rather than [opensmartdoubleqoute]revolt,” these judges simply adopted a time-honored privacy-protection tool from the foreign intelligence collection context—minimization—that will allow them to draw on lessons learned in that context to safeguard Fourth Amendment rights during digital searches.

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