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Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2010

Law and Contemporary Problems

Standards

Articles 1 - 3 of 3

Full-Text Articles in Law

Probabilities In Probable Cause And Beyond: Statistical Versus Concrete Harms, Sherry F. Colb Jul 2010

Probabilities In Probable Cause And Beyond: Statistical Versus Concrete Harms, Sherry F. Colb

Law and Contemporary Problems

Colb surfaces the "statistical versus concrete harms" disparity in judicial (and more broadly, human) reactions to probability-based behavior. In particular, it identifies the disparity in case law that either explicitly relies on the distinction as a normatively proper ground for legal decisions or that operates in a manner best explained by resort to this distinction. Though the paper is primarily descriptive, it suggests, tentatively, that lawmakers, judges, and juries should exercise greater care and deliberation in applying what may seem like a "natural" approach to distinguishing between permissible and impermissible harm. It is thus a plea for "conscious" consideration of …


How The Post-Framing Adoption Of The Bare-Probable-Cause Standard Drastically Expanded Government Arrest And Search Power, Thomas Y. Davies Jul 2010

How The Post-Framing Adoption Of The Bare-Probable-Cause Standard Drastically Expanded Government Arrest And Search Power, Thomas Y. Davies

Law and Contemporary Problems

Davies exposes a story that has been almost entirely overlooked: that the now-accepted doctrine that probable cause alone can justify a criminal arrest or search did not emerge until well after the framing of the Bill of Rights in 1789 and constituted a significant departure from the criminal-procedure standards that the Framers of the Bill thought they had preserved.


The Age Of Discipline: The Relevance Of Age To The Reasonableness Of Corporal Punishment, Kristin Collins Cope Apr 2010

The Age Of Discipline: The Relevance Of Age To The Reasonableness Of Corporal Punishment, Kristin Collins Cope

Law and Contemporary Problems

No abstract provided.