Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Search and seizure (6)
- Probable cause (4)
- Privacy (3)
- Privacy rights (3)
- Reasonable expectation of privacy (3)
-
- Targeting (3)
- Equal protection doctrine (2)
- Exclusionary rule (2)
- Fifth Amendment (2)
- Procedural privacy (2)
- Racial profiling (2)
- Substantive privacy (2)
- Affirmative action (1)
- Arrest (1)
- Coercion (1)
- Confessions (1)
- Critical Legal Studies (1)
- Detentions (1)
- Due process (1)
- Due process clause (1)
- Exclusion (1)
- Formalism (1)
- Fugitive Slave Act 1793 (1)
- Fugitive Slave Clause (1)
- Innocence (1)
- Interrogation (1)
- Justice Joseph Story (1)
- Katz v. United States (1)
- Knowing exposure (1)
- La Jeune Eugenie (1)
Articles 1 - 14 of 14
Full-Text Articles in Law
Notes On Borrowing And Convergence, Robert L. Tsai, Nelson Tebbe
Notes On Borrowing And Convergence, Robert L. Tsai, Nelson Tebbe
Cornell Law Faculty Publications
This is a response to Jennifer E. Laurin, "Trawling for Herring: Lessons in Doctrinal Borrowing and Convergence," 111 Colum. L. Rev. 670 (2011), which analyzes the Supreme Court's resort to tort-based concepts to limit the reach of the Fourth Amendment's exclusionary rule. We press three points. First, there are differences between a general and specific critique of constitutional borrowing. Second, the idea of convergence as a distinct phenomenon from borrowing has explanatory potential and should be further explored. Third, to the extent convergence occurs, it matters whether concerns of judicial administration or political reconstruction are driving doctrinal changes.
Probabilities In Probable Cause And Beyond: Statistical Versus Concrete Harms, Sherry F. Colb
Probabilities In Probable Cause And Beyond: Statistical Versus Concrete Harms, Sherry F. Colb
Cornell Law Faculty Publications
No abstract provided.
Standing Room Only: Why Fourth Amendment Exclusion And Standing Can No Longer Logically Coexist, Sherry F. Colb
Standing Room Only: Why Fourth Amendment Exclusion And Standing Can No Longer Logically Coexist, Sherry F. Colb
Cornell Law Faculty Publications
No abstract provided.
Profiling With Apologies, Sherry F. Colb
Profiling With Apologies, Sherry F. Colb
Cornell Law Faculty Publications
No abstract provided.
What Is A Search? Two Conceptual Flaws In Fourth Amendment Doctine And Some Hints Of A Remedy, Sherry F. Colb
What Is A Search? Two Conceptual Flaws In Fourth Amendment Doctine And Some Hints Of A Remedy, Sherry F. Colb
Cornell Law Faculty Publications
No abstract provided.
Stopping A Moving Target, Sherry F. Colb
Stopping A Moving Target, Sherry F. Colb
Cornell Law Faculty Publications
No abstract provided.
The Qualitative Dimension Of Fourth Amendment "Reasonableness", Sherry F. Colb
The Qualitative Dimension Of Fourth Amendment "Reasonableness", Sherry F. Colb
Cornell Law Faculty Publications
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 …
Innocence, Privacy, And Targeting In Fourth Amendment Jurisprudence, Sherry F. Colb
Innocence, Privacy, And Targeting In Fourth Amendment Jurisprudence, Sherry F. Colb
Cornell Law Faculty Publications
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
A World Without Privacy: Why Property Does Not Define The Limits Of The Right Against Unreasonable Searches And Seizures, Sherry F. Colb
Cornell Law Faculty Publications
No abstract provided.
Of Myths And Mapp: A Response To Professor Magee, Sheri Johnson
Of Myths And Mapp: A Response To Professor Magee, Sheri Johnson
Cornell Law Faculty Publications
No abstract provided.
Lords Of Lash, Loom, And Law: Justice Story, Slavery, And Prigg V. Pennsylvania, Barbara Holden-Smith
Lords Of Lash, Loom, And Law: Justice Story, Slavery, And Prigg V. Pennsylvania, Barbara Holden-Smith
Cornell Law Faculty Publications
No abstract provided.
Confessions, Criminals, And Community, Sheri Lynn Johnson
Confessions, Criminals, And Community, Sheri Lynn Johnson
Cornell Law Faculty Publications
No abstract provided.
Justice Kelleher And The Constitutions, Robert B. Kent
Justice Kelleher And The Constitutions, Robert B. Kent
Cornell Law Faculty Publications
No abstract provided.
Warrantless Vehicle Searches And The Fourth Amendment: The Burger Court Attacks The Exclusionary Rule, Steven D. Clymer
Warrantless Vehicle Searches And The Fourth Amendment: The Burger Court Attacks The Exclusionary Rule, Steven D. Clymer
Cornell Law Faculty Publications
No abstract provided.