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Full-Text Articles in History
Siting The Legal History Of Poverty: Below, Above, And Amidst, Karen Tani, Felicia Kornbluh
Siting The Legal History Of Poverty: Below, Above, And Amidst, Karen Tani, Felicia Kornbluh
Karen M Tani
No abstract provided.
Book Review, Christian G. Samito (Ed.). Changes In Law And Society During The Civil War And Reconstruction: A Legal History Documentary Reader. Carbondale: Southern Illinois University Press, 2009. 352 Pages. $29.50 (Paper), Thomas Reed
Thomas J Reed
No abstract provided.
Originalism & Early Civil Search Statutes: The Misunderstood History Of Suspicion & Probable Cause, Fabio Arcila, Jr.
Originalism & Early Civil Search Statutes: The Misunderstood History Of Suspicion & Probable Cause, Fabio Arcila, Jr.
Fabio Arcila Jr.
Originalist analyses of the Framers’ views about governmental search power have devoted insufficient attention to the civil search statutes they promulgated. What attention has been paid, primarily as part of what I term the “conventional account,” has it that the Framers were divided about how accessible search remedies should be. This article explains why this conventional account is mostly wrong, and explores the lessons to be learned from the statutory choices the Framers made with regard to search and seizure law.
In enacting civil search statutes, the Framers chose to depart from common law standards and instead largely followed the …