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Some Observations On The Supreme Court's Use Of Property Concepts In Resolving Fourth Amendment Problems, Fernand N. Dutile Jan 1971

Some Observations On The Supreme Court's Use Of Property Concepts In Resolving Fourth Amendment Problems, Fernand N. Dutile

Journal Articles

There is a tendency among lawyers and laymen alike to consider "property rights" wholly distinct from "human rights", and to disparage the former in favor of the latter. To a large extent the tendency has been appropriate. One of the happiest chapters of recent times has been the effort to champion human values even at the expense of restricting the individual's use of his "own" property. The public accommodations section of the 1964 Civil Rights Act, the increase in aesthetic zoning, the extension of landlords' responsibilities with respect to leased properties and the expansion of consumer protection highlight the law's …