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A MOOT COURT: DNA AND CIVIL RIGHTS

Photos © Carol H. Feeley

Does the Constitution, authored in 1787 before typewriters, antibiotics and even the locomotive offer protections from the potential abuses of DNA data banks, brain scans and biometric cameras? If so, what could be said to constitute such an abuse since the Constitution limits only "unreasonable" intrusions on the private sphere?

This hypothetical case was argued by distinguished lawyers Miguel Estrada and David Rudovsky, before a panel of equally distinguished "judges" including:

The Honorable Arlin M. Adams, Counsel at Schnader, Harrison, Segal & Lewis and former Judge, United States Court of Appeals for the Third Circuit Court

The Honorable Judith Kaye, Chief Judge of the State of New York (Ret.), Of Counsel, Skadden, Arps, Slate, Meagher & Flom

Christopher Lewis, Partner, Blank Rome LLP

Alfred Putnam, Partner, Drinker Biddle & Reath LLP

The Honorable Marjorie O. Rendell, First Lady of the Commonwealth of Pennsylvania and Judge, United States Court of Appeals for the Third Circuit

Kermit Roosevelt, Professor of Law, University of Pennsylvania Law School

The Honorable Dolores K. Sloviter, Judge, United States Court of Appeals for the Third Circuit

Miguel A. Estrada is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher. He is Co-Chair of the firm's Appellate and Constitutional Law Practice Group. Mr. Estrada has handled a broad range of matters before the United States Supreme Court. He has argued 19 cases before that Court, and briefed many others. He was a lead attorney for Aetna in dozens of class actions against the managed care industry that the Judicial Panel for Multidistrict Litigation consolidated. He was also lead counsel for Clear Channel in a challenge to the Federal Communications Commission's media ownership rules. He currently is lead counsel for NBC Universal in a challenge to the FCC's enforcement regime for regulating purportedly "indecent" broadcasts.

David Rudovsky, one of the nation's leading civil rights and criminal defense attorneys, practices public interest law with the firm of Kairys, Rudovsky, Messing & Feinberg. He became a Senior Fellow at Penn Law in 1988 and teaches courses in Criminal Law, Constitutional Criminal Procedure and Evidence. He is co-author (with Michael Avery and Karen Blum) of Police Misconduct: Law and Litigation (Clark Boardman, 2009, 3rd ed.) and The Law of Arrest, Search, and Seizure in Pennsylvania (5th ed. 2009, PBI Press).