U.S. v. Ludwig: An assault on individual rights

William Ross[1]

The Fourth Amendment’s prohibition against unreasonable search and seizures is one of the most fundamental rights guaranteed in the United States Constitution.[2] However, this right is not absolute and courts have traditionally limited its breadth in order to protect other liberties.[3] As a result, courts have developed several exceptions that allow for search and seizure if reasonable suspicion and probable cause are satisfied.[4]

While both the Supreme Court and Tenth Circuit have addressed reasonable suspicion and probable cause, the analysis of what satisfies these exceptions is heavily fact-dependent and thus has not been developed as a bright-line rule.[5] As a result, courts have seen an influx of defendants challenging the validity of reasonable suspicion and probable cause searches. In United States v. Ludwig,[6] the Tenth Circuit sought to clarify these issues.

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Fighting for Space: Sharing Resources in Space with the International Community

Kaitlyn O’Hara[1]

For the past fifty years, we have commonly referred to space as the final frontier.  During that same fifty years, we have come to realize that space resources are quite finite and sharing such resources with the international community can and is creating global conflicts.  As a result, the methodology for allocating orbital locations used by the International Telecommunication Union (the “ITU”), an agency of the United Nations, will have a lasting impact on the growth and development of technologies dependent on space assets.  Due to the need for unanimous approval of all ITU rules, such rules, the Radio Regulations, often include broad language that allows for technological growth in the satellite industry, but also provides opportunities for speculation of orbital locations.  One example of such broad language is in the ITU’s requirements for demonstrating use of an orbital location.[2]  The 2012 World Radio Conference (the “WRC”) will continue the efforts of previous WRCs to address methods for ensuring efficient use of orbital locations.[3]  Any changes to the Radio Regulations must favor transparency to allow for space-faring nations to take on a greater role in enforcing the Radio Regulations and the ITU to better understand how orbital locations are truly used or not used, as the case may be.

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