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Full-Text Articles in Law
Radical History - Interview On Hindsight - Citizen In The Republic Of The Arts: Lucien Henry, Terence Irving
Radical History - Interview On Hindsight - Citizen In The Republic Of The Arts: Lucien Henry, Terence Irving
Terry Irving
No abstract provided.
Rediscovering Radical History, Terence Irving
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 …