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Garbage Pails And Puppy Dog Tails: Is That What Katz Is Made Of?, Aya Gruber
Garbage Pails And Puppy Dog Tails: Is That What Katz Is Made Of?, Aya Gruber
Publications
This Article takes the opportunity of the fortieth anniversary of Katz v. U.S. to assess whether the revolutionary case's potential to provide broad and flexible privacy protection to individuals has been realized. Answering this question in a circumspect way, the Article pinpoints the language in Katz that was its eventual undoing and demonstrates how the Katz test has been plagued by two principle problems that have often rendered it more harmful to than protective of privacy. The manipulation problem describes the tendency of conservative courts to define reasonable expectations of privacy as lower than the expectations society actually entertains. The …
The Future Of Federal Sentencing Policy: Learning Lessons From Republican Judicial Appointees In The Guidelines Era, David M. Zlotnick
The Future Of Federal Sentencing Policy: Learning Lessons From Republican Judicial Appointees In The Guidelines Era, David M. Zlotnick
University of Colorado Law Review
In the two years since the landmark Booker decision, federal sentencing policy has been in a state of suspended animation. This Article urges federal sentencing reform advocates to look to an unlikely source for realistic goals and ideological support-the experiences of Republican judicial appointees in the Guidelines Era. Its findings are based upon a long-term research project into cases in which Republican appointees stated their disagreement with the sentences required by law from the bench. The Article discusses the primary product of my research, forty comprehensive case profiles and their policy implications. Specifically, the Article demonstrates how the lessons of …