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Rejoinder: Truth, Justice, And The American Way--Or Professor Haddad's "Hard Choices", John M. Burkoff
Rejoinder: Truth, Justice, And The American Way--Or Professor Haddad's "Hard Choices", John M. Burkoff
University of Michigan Journal of Law Reform
I frankly think that Professor Haddad's response to my article on pretext searches is first-rate. It is articulate; it is thoughtful and scholarly; it sharpens the issues and the analysis in this area; and, for the most part, I think his criticisms of various portions of my own work present my positions fairly and honestly. On the other hand, I think that Professor Haddad is dead wrong.
Pretextual Fourth Amendment Activity: Another Viewpoint, James B. Haddad
Pretextual Fourth Amendment Activity: Another Viewpoint, James B. Haddad
University of Michigan Journal of Law Reform
Pretextual detentions, arrests, and searches pose knotty fourth amendment problems. With an air of plausibility, defense attorneys often accuse police of pretextual use of arrest warrants, search warrants, and various exceptions to the warrant requirement. Specifically, they contend that officers have utilized a particular fourth amendment doctrine to obtain certain evidence even though courts have not assigned as a reason for approving the doctrine the need to discover such evidence.
The Bottom Line Limitation To The Rule Of Griggs V. Duke Power Company, James P. Scanlan
The Bottom Line Limitation To The Rule Of Griggs V. Duke Power Company, James P. Scanlan
University of Michigan Journal of Law Reform
Part I of this article analyzes the background to the Teal decision and the treatment by the majority and dissent of the issue known in employment discrimination law as the "bottom line" limitation to the disparate impact theory of employment discrimination. Part II explains why, for reasons beyond those considered by the Teal majority, not only was the Court's rejection of the bottom line theory manifestly correct, but a contrary result would have had grievous consequences. Part III then argues for a similar rejection of the bottom line limitation in those situations where most observers have taken for granted that …