Thermal imaging and the fourth amendment:Kyllo v. U.S.

The Fourth Amendment protects persons from unreasonable searches and seizures. The extent to which the availability of new technology will impact this protection is an evolving area. One practice, police use of thermal imaging technology, has engendered substantial division in the courts. Recently, however, the United States Supreme Court addressed this issue in the case of Kyllo v. U.S. (2001). The Court determined that the pre-warrant use of thermal imaging machinery was a “search” under the Fourth Amendment and, thus, unconstitutional in nature. This paper traces the case development and examines the issues raised therein.     

Bestandskraft einer Schlussfeststellung i.S.v. § 149 FlurbG

Keine Zusammenfassung     

U.S. v. Glatfelter and NCR Co. v. George A. Whiting Paper Co.: Seventh Circuit's Latest Interpretation of CERCLA Liabilities

Although a crucial part of the federal government's legal arsenal against polluters in environmental enforcement actions, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is nevertheless an ambiguously and confusingly drafted statute requiring constant judicial interpretations of its application in litigation. Last year, several decisions delivered by the Court of Appeals of the Seventh Circuit have provided the latest interpretations, particularly further distinguishing between sections 107 and 113 claims, as well as clarifying apportionment and allocation of liabilities. This article discusses these decisions and tries to analyze their impact on future CERCLA litigations.     

Wohn- oder Zufluchtstätten i.S.v. § 42 Abs. 1 Nr. 1 BNatSchG

Keine Zusammenfassung