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Full-Text Articles in Law
Stubbornness Of Pretexts, Daniel B. Yeager
Stubbornness Of Pretexts, Daniel B. Yeager
Daniel B. Yeager
This Article will reflect on (1) how the Whren v. United States failure to acknowledge what counts as a pretext accounts for the residual confusion as to whether or not Whren really has killed off the pretext argument in constitutional criminal procedure, and (2) the extent to which the Court in Sullivan compounded that failure, which I hope to lightly correct here by distinguishing motives from intentions and then by elaborating the role that each plays, or at least should play, in Fourth Amendment jurisprudence.
Categorical And Individualized Rights- Ordering On Federal Habeas Corpus, Daniel B. Yeager
Categorical And Individualized Rights- Ordering On Federal Habeas Corpus, Daniel B. Yeager
Daniel B. Yeager
No abstract provided.
Search, Seizure And The Positive Law: Expectations Of Privacy Outside The Fourth Amendment, Daniel B. Yeager
Search, Seizure And The Positive Law: Expectations Of Privacy Outside The Fourth Amendment, Daniel B. Yeager
Daniel B. Yeager
This Article is about the misunderstood relationship between the Fourth Amendment and the positive law. It shows how state property law and other expressions of the positive law are more resilient and useful to Fourth Amendment analysis than the Court's decisions of the past three decades recognize.
Categorical And Individualized Rights-Ordering On Federal Habeas Corpus, Daniel B. Yeager
Categorical And Individualized Rights-Ordering On Federal Habeas Corpus, Daniel B. Yeager
Daniel B. Yeager
This Article criticizes the Supreme Court's treatment of both individualized and categorical bases of relief on federal habeas corpus. Part I notes the Court's trend toward trimming the process that is due in criminal and prisoner litigation generally. This trend may explain the drop in process on habeas as well, but generally declining process cannot explain which rights, if any, should survive the decline. That would require our weighting, if not reconciling, accuracy and dignitary norms, which is the subject of Part II. In Part II, I examine Withrow v Williams, a case from the Court's 1992 Term, which, for …
Searches, Seizures, Confessions, And Some Thoughts On Criminal Procedure: Regulation Of Police Investigation -- Legal, Historical, Empirical, And Comparative Materials, Daniel B. Yeager
Daniel B. Yeager
No abstract provided.
Public Safety Exception To Miranda Careening Through The Lower Courts, Daniel B. Yeager
Public Safety Exception To Miranda Careening Through The Lower Courts, Daniel B. Yeager
Daniel B. Yeager
No abstract provided.
Overcoming Hiddenness: The Role Of Intentions In Fourth Amendment Analysis, Daniel B. Yeager
Overcoming Hiddenness: The Role Of Intentions In Fourth Amendment Analysis, Daniel B. Yeager
Daniel B. Yeager
This Article rehearses a response to the problems posed to and by the Supreme Court's attempts to work out the meaning and operation of the word "search." After commencing Part II by meditating on the notion of privacy, I take up its relation to the antecedent suspicion or knowledge that Fourth-Amendment law requires as a justification for all privacy invasions. From there, I look specifically at that uneasy relation in Supreme Court jurisprudence, which has come to privilege privacy over property as a Fourth Amendment value. From there, Part III reviews the sources or bases that can tell us what …
Rethinking Custodial Interrogation, Daniel B. Yeager
Rethinking Custodial Interrogation, Daniel B. Yeager
Daniel B. Yeager
This Article attempts to resurrect a concept crucial to the Supreme Court lexicon. It is not, however, a police manual. This Article concerns itself solely with questions surrounding the admissibility of confessions, and in so doing, attempts to show that only a reconsideration of custodial interrogation can restore the "significant deprivations" language to the status granted it in Miranda v. Arizona.