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Full-Text Articles in Legal History
The Federalism Pendulum, Ronald J. Bacigal
The Federalism Pendulum, Ronald J. Bacigal
Law Faculty Publications
Following Franklin's example, this essay takes a protracted view of the federalization of criminal procedure. It is important to review how the federalism pendulum has swung over the years to reflect concepts of what the Constitution was meant to mean, what it has come to mean, and what it ought to mean.
The Jury As A Source Of Reasonable Search And Seizure Law, Ronald J. Bacigal
The Jury As A Source Of Reasonable Search And Seizure Law, Ronald J. Bacigal
Law Faculty Publications
The definition of a reasonable search has bedeviled the United States Supreme Court for some ninety years. Formal logic or legal reasoning assists the Court in tracing premise to conclusion, but does not alone suggest the initial premise. The Court's difficulty in fourth amendment cases, in general, lies in identifying the premise-the fundamental value which is embodied in this constitutional guarantee. The Court has recognized that this fundamental value, whatever it is, has an origin outside the language of the amendment, and the Court has considered sources such as history, popular consensus, natural law, and utilitarian balancing to find this …