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January 2007

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Subject:
From:
Michael O'Hara <[log in to unmask]>
Reply To:
Academy of Legal Studies in Business (ALSB) Talk
Date:
Fri, 5 Jan 2007 14:46:21 -0600
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David:

      Yes, everyone is willing to trade away their junk mail.  To offer
that up is a tad disingenuous for that is not the mail that is being
opened.  The real question is how much sanctity of your first class mail
are you willing to trade?

      But, since we are lawyers, the real question is Amendment IV:  "The
right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be violated,
and no Warrants shall issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be searched, and the
persons or things to be seized."
http://cba.unomaha.edu/faculty/mohara/web/USA_Constitution.htm

      Is the President the sole arbiter of a "reasonable" search?

      Now, I, for one, might grant that digital telecommunications are a
not a species of communication expressly within the scope of "papers", but
mail is a horse of different color.

Michael

Professor Michael J. O'Hara, J.D., Ph.D.
Finance, Banking, & Law Department        Editor, Journal of Legal
Economics
College of Business Administration        (402) 554 - 2014 voice fax (402)
554 - 3825
Roskens Hall 502                    www.AAEFE.org
University of Nebraska at Omaha           www.JournalOfLegalEconomics.com
Omaha  NE  68182                    http://nbdc.unomaha.edu/aaefe
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(402) 554 - 2823 voice  fax (402) 554 - 2680
http://cba.unomaha.edu/faculty/mohara/web/ohara.htm

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