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Full-Text Articles in Law
Pricing The Fourth Amendment, Miriam Baer
Our Criminal Laws, Our Constitution, Sarah Seo
Our Criminal Laws, Our Constitution, Sarah Seo
Faculty Scholarship
This essay reviews three recently published books that further explore this insight in the twentieth century. At first glance, vagrancy laws, the free will problem, and criminal records may seem to share little in common. But each study illuminates how criminal laws have defined our nation by creating what historian Barbara Welke has termed "borders of belonging," a boundary that laws create between people who enjoy full citizenship and those who do not. After all, a conviction and imprisonment are acts of social and political exclusion. Even the policing of suspected offenders often reveals who does not completely belong.
The …