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Legal History Commons

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2009

Boston College Law Review

Articles 1 - 2 of 2

Full-Text Articles in Legal History

The Framers' Search Power: The Misunderstood Statutory History Of Suspicion & Probable Cause, Fabio Arcila Jr Mar 2009

The Framers' Search Power: The Misunderstood Statutory History Of Suspicion & Probable Cause, Fabio Arcila Jr

Boston College Law Review

Originalist analyses of the Framers' views about governmental search power have devoted insufficient attention to the civil search statutes they promulgated for regulatory purposes. What attention has been paid concludes that the Framers were divided about how accessible search remedies should be. This Article explains why this conventional account is mostly wrong and explores the lessons to be learned from the statutory choices the Framers made with regard to search and seizure law. In enacting civil search statutes, the Framers chose to depart from common law standards and instead largely followed the patterns of preceding British civil search statutes. The ...


Nussbaum: A Utilitarian Critique, Mark S. Stein Mar 2009

Nussbaum: A Utilitarian Critique, Mark S. Stein

Boston College Law Review

This Essay offers a utilitarian perspective on Martha Nussbaum's theory of justice. Nussbaum believes that society should guarantee to every individual a threshold level of central human capabilities. Although Nussbaum's approach has considerable appeal, it is implausible and unappealing when it diverges greatly from utilitarianism. Nussbaum's theory sequires that enormous sums of money be devoted to people who receive very little benefit from efforts to raise them toward a capability threshold. Moreover, Nussbaum refitses to take a principled position on how conflicts among below-threshold interests should be resolved, even when one alternative would produce enormously more good ...