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Fourth Amendment Commons

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Articles 1 - 8 of 8

Full-Text Articles in Fourth Amendment

Recovering The Original Fourth Amendment, Thomas Y. Davies Dec 1999

Recovering The Original Fourth Amendment, Thomas Y. Davies

Michigan Law Review

Claims regarding the original or intended meaning of constitutional texts are commonplace in constitutional argument and analysis. All such claims are subject to an implicit validity criterion - only historically authentic assertions should matter. The rub is that the original meaning commonly attributed to a constitutional text may not be authentic. The historical Fourth Amendment is a case in point. If American judges, lawyers, or law teachers were asked what the Framers intended when they adopted the Fourth Amendment, they would likely answer that the Framers intended that all searches and seizures conducted by government officers must be reasonable given …


It Is Not Right Under The Constitution To Stop And Frisk Minority People Because They Don't Look Right, L. Darnell Weeden Jul 1999

It Is Not Right Under The Constitution To Stop And Frisk Minority People Because They Don't Look Right, L. Darnell Weeden

University of Arkansas at Little Rock Law Review

No abstract provided.


Fourth Amendment Issues In Section 1983 Litigation, Kathryn R. Urbonya Jul 1999

Fourth Amendment Issues In Section 1983 Litigation, Kathryn R. Urbonya

Faculty Publications

No abstract provided.


Third-Party Consent Under The United States And Utah Constitutions: Should Utah Adopt The Federal Standard?, S. Matthew Cook Mar 1999

Third-Party Consent Under The United States And Utah Constitutions: Should Utah Adopt The Federal Standard?, S. Matthew Cook

BYU Law Review

No abstract provided.


Federal Bribery Statute And The Ethics Of Purchasing Testimony, 33 J. Marshall L. Rev. 209 (1999), Camille Knight Jan 1999

Federal Bribery Statute And The Ethics Of Purchasing Testimony, 33 J. Marshall L. Rev. 209 (1999), Camille Knight

UIC Law Review

No abstract provided.


Consensual Searches, The Fairytale That Became A Nightmare: Fargo Lessons Concerning Police Initiated Encounters, Robert V. Ward Jr. Jan 1999

Consensual Searches, The Fairytale That Became A Nightmare: Fargo Lessons Concerning Police Initiated Encounters, Robert V. Ward Jr.

Touro Law Review

No abstract provided.


Crimes And Errors Impossible To Commit: Defining Away The Fourth Amendment - Wyoming V. Houghton, Rachel Gader-Shafran Jan 1999

Crimes And Errors Impossible To Commit: Defining Away The Fourth Amendment - Wyoming V. Houghton, Rachel Gader-Shafran

Cleveland State Law Review

This Note contends that the Court's decision to adopt the Houghton approach to the automobile warrant exception is problematic for three reasons. First, the Court has erroneously interpreted the historical evidence behind the creation of the Fourth Amendment. Second, the Court, by chipping away at stare decisis, is disrupting the foundations of American jurisprudence and the development of the law. Third, by creating a new lexicon, changing the meanings of the words, the Court is trying to define away the protections afforded by the Fourth Amendment. This Note will briefly summarize the facts of Houghton and review the historical purpose …


Enforcing Family Promises: Reliance, Reciprocity, And Relational Contract, Melanie B. Leslie Jan 1999

Enforcing Family Promises: Reliance, Reciprocity, And Relational Contract, Melanie B. Leslie

Faculty Articles

Courts are willing, in commercial contexts, to enforce promises even without consideration when enforcement supports a norm of reciprocity-a norm which recognizes that promises are seldom totally gratuitous, but are often made in furtherance of reciprocal, long-term, trust-based relationships. In this article, Professor Leslie argues that relational contract principles are firmly embedded in wills law. Courts enforce the reciprocity norm in the family context just as they do in commercial contexts; this enforcement is seen, however, not in breach of promise suits, which occur rarely between family members, but rather in will contests. Despite the prevalent ideology of wills law, …