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Articles 1 - 12 of 12

Full-Text Articles in Law

The Qualitative Dimension Of Fourth Amendment "Reasonableness", Sherry F. Colb Dec 2014

The Qualitative Dimension Of Fourth Amendment "Reasonableness", Sherry F. Colb

Sherry Colb

Supreme Court doctrine protects two seemingly distinct kinds of interests under the heading of privacy rights: one "substantive," the other "procedural." The Fourth Amendment guarantee against "unreasonable searches and seizures" has been generally interpreted to protect procedural privacy. Searches are typically defined as governmental inspections of activities and locations in which an individual has a reasonable expectation of privacy from observation. In the typical case, this reasonable expectation of privacy may be breached only where the government has acquired a quantitatively substantial objective basis for believing that the search would uncover evidence of a crime. Substantive privacy rights have not …


What Is A Search? Two Conceptual Flaws In Fourth Amendment Doctine And Some Hints Of A Remedy, Sherry F. Colb Dec 2014

What Is A Search? Two Conceptual Flaws In Fourth Amendment Doctine And Some Hints Of A Remedy, Sherry F. Colb

Sherry Colb

No abstract provided.


Profiling With Apologies, Sherry F. Colb Dec 2014

Profiling With Apologies, Sherry F. Colb

Sherry Colb

No abstract provided.


Probabilities In Probable Cause And Beyond: Statistical Versus Concrete Harms, Sherry F. Colb Dec 2014

Probabilities In Probable Cause And Beyond: Statistical Versus Concrete Harms, Sherry F. Colb

Sherry Colb

No abstract provided.


Insane Fear: The Discriminatory Category Of "Mentally Ill And Dangerous", Sherry F. Colb Dec 2014

Insane Fear: The Discriminatory Category Of "Mentally Ill And Dangerous", Sherry F. Colb

Sherry Colb

This article considers the constitutional and moral implications of the distinction the law draws between different classes of dangerous people, depending upon their status as mentally ill or mentally well. Those who are mentally well benefit from the right to freedom from incarceration unless and until they commit a crime. By contrast, dangerous people who are mentally ill are subject to potentially indefinite "civil" preemptive confinement. In a relatively recent case, Kansas v. Hendricks, the United States Supreme Court upheld the post-prison civil confinement of Leroy Hendricks, a man who had served prison time after pleading guilty to child molestation. …


Innocence, Privacy, And Targeting In Fourth Amendment Jurisprudence, Sherry F. Colb Dec 2014

Innocence, Privacy, And Targeting In Fourth Amendment Jurisprudence, Sherry F. Colb

Sherry Colb

No abstract provided.


A World Without Privacy: Why Property Does Not Define The Limits Of The Right Against Unreasonable Searches And Seizures, Sherry F. Colb Dec 2014

A World Without Privacy: Why Property Does Not Define The Limits Of The Right Against Unreasonable Searches And Seizures, Sherry F. Colb

Sherry Colb

No abstract provided.


Standing Room Only: Why Fourth Amendment Exclusion And Standing Can No Longer Logically Coexist, Sherry F. Colb Dec 2014

Standing Room Only: Why Fourth Amendment Exclusion And Standing Can No Longer Logically Coexist, Sherry F. Colb

Sherry Colb

No abstract provided.


"Whodunit" Versus "What Was Done": When To Admit Character Evidence In Criminal Cases, Sherry Colb Dec 2014

"Whodunit" Versus "What Was Done": When To Admit Character Evidence In Criminal Cases, Sherry Colb

Sherry Colb

In virtually every jurisdiction in the United States, the law of evidence prohibits parties from offering proof of an individual's general character traits to suggest that, on a specific occasion, the individual behaved in a manner consistent with those traits. In a criminal trial in particular, the law prohibits a prosecutor's introduction of evidence about the defendant's character as proof of his guilt. In this Article, Professor Colb proposes that the exclusion of defendant character evidence is appropriate in one category of cases but inappropriate in another. In the first category, which Professor Colb calls "whodunit" cases, the parties agree …


Some Thoughts On The Conduct/Status Distinction, Sherry F. Colb Dec 2014

Some Thoughts On The Conduct/Status Distinction, Sherry F. Colb

Sherry Colb

No abstract provided.


Stopping A Moving Target, Sherry F. Colb Dec 2014

Stopping A Moving Target, Sherry F. Colb

Sherry Colb

No abstract provided.


Assuming Facts Not In Evidence: A Response To Russell M. Coombs, Reforming New Jersey Evidence Law On Fresh Complaint Of Rape, Sherry F. Colb Dec 2014

Assuming Facts Not In Evidence: A Response To Russell M. Coombs, Reforming New Jersey Evidence Law On Fresh Complaint Of Rape, Sherry F. Colb

Sherry Colb

No abstract provided.