Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Equal protection doctrine (2)
- Privacy rights (2)
- Racial profiling (2)
- Search and seizure (2)
- Targeting (2)
-
- Due process (1)
- Due process clause (1)
- Fifth Amendment (1)
- Fundamental rights doctrine (1)
- Imprisonment (1)
- Incarceration (1)
- Liberty (1)
- Pretextual traffic stops (1)
- Privacy (1)
- Probable cause (1)
- Procedural privacy (1)
- Reasonable expectation of privacy (1)
- Searches and seizures (1)
- Strict scrutiny review (1)
- Substantive privacy (1)
Articles 1 - 4 of 4
Full-Text Articles in Fourteenth Amendment
The Qualitative Dimension Of Fourth Amendment "Reasonableness", Sherry F. Colb
The Qualitative Dimension Of Fourth Amendment "Reasonableness", Sherry F. Colb
Sherry Colb
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 …
Profiling With Apologies, Sherry F. Colb
Freedom From Incarceration: Why Is This Right Different From All Other Rights?, Sherry F. Colb
Freedom From Incarceration: Why Is This Right Different From All Other Rights?, Sherry F. Colb
Sherry Colb
American constitutional jurisprudence has long accepted the notion that the exercise of certain rights can only be restricted by the government if the restriction satisfies strict scrutiny. The Supreme Court has identified such rights as fundamental often by relying on an expansive interpretation of the word "liberty" in the due process clause of the fourteenth amendment. In this Article, Professor Colb argues that the Supreme Court has failed to recognize the right to physical liberty itself as a fundamental right. She demonstrates that at present conduct that is not itself constitutionally protected may serve as the basis for imprisonment even …
Stopping A Moving Target, Sherry F. Colb