Law Commons^™

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 …

Undoing The New Deal Through The New Presidentialism, Cynthia R. Farina

Cornell Law Faculty Publications

The Relevance Of Federal Norms For State Separation Of Powers, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.

God And Man In The Yale Dormitories, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.

Equal Educational Opportunity And Constitutional Theory: Preliminary Thoughts On The Role Of School Choice And The Autonomy Principle, Michael Heise

Cornell Law Faculty Publications

Inadequate schools impede America's long-standing quest for greater equal educational opportunity. The equal educational opportunity doctrine, traditionally moored in terms of race, has expanded to include notions of educational adequacy. Educational adequacy is frequently construed in terms of educational spending and framed in terms largely incident to constitutional litigation.

This paper explores the potential intersections of the school choice and school finance movements, particularly as they relate to litigation and policy. The paper argues that school choice policies constitute a viable remedy for successful school finance litigation and form a remedy that simultaneously advances individual autonomy, one critical constitutional principle.

Ducking Dred Scott: A Response To Alexander And Schauer, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

A Constitution Of Democratic Experimentalism, Michael C. Dorf, Charles F. Sabel

Cornell Law Faculty Publications

In this Article, Professors Dorf and Sabel identify a new form of government, democratic experimentalism, in which power is decentralized to enable citizens and other actors to utilize their local knowledge to fit solutions to their individual circumstances, but in which regional and national coordinating bodies require actors to share their knowledge with others facing similar problems. This information pooling, informed by the example of novel kinds of coordination within and among private firms, both increases the efficiency of public administration by encouraging mutual learning among its parts and heightens its accountability through participation of citizens in the decisions that …

Schoolhouses, Courthouses, And Statehouses: Educational Finance, Constitutional Structure, And The Separation Of Powers Doctrine, Michael Heise

Cornell Law Faculty Publications

No abstract provided.

Institutional Analysis And Physicians’ Rights After Vacco V. Quill, Larry I. Palmer

Cornell Law Faculty Publications

No abstract provided.

Batson Ethics For Prosecutors And Trial Court Judges, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.