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Full-Text Articles in Law

Notes On Borrowing And Convergence, Robert L. Tsai, Nelson Tebbe Oct 2011

Notes On Borrowing And Convergence, Robert L. Tsai, Nelson Tebbe

Cornell Law Faculty Publications

This is a response to Jennifer E. Laurin, "Trawling for Herring: Lessons in Doctrinal Borrowing and Convergence," 111 Colum. L. Rev. 670 (2011), which analyzes the Supreme Court's resort to tort-based concepts to limit the reach of the Fourth Amendment's exclusionary rule. We press three points. First, there are differences between a general and specific critique of constitutional borrowing. Second, the idea of convergence as a distinct phenomenon from borrowing has explanatory potential and should be further explored. Third, to the extent convergence occurs, it matters whether concerns of judicial administration or political reconstruction are driving doctrinal changes.


Probabilities In Probable Cause And Beyond: Statistical Versus Concrete Harms, Sherry F. Colb Jul 2010

Probabilities In Probable Cause And Beyond: Statistical Versus Concrete Harms, Sherry F. Colb

Cornell Law Faculty Publications

No abstract provided.


Standing Room Only: Why Fourth Amendment Exclusion And Standing Can No Longer Logically Coexist, Sherry F. Colb Feb 2007

Standing Room Only: Why Fourth Amendment Exclusion And Standing Can No Longer Logically Coexist, Sherry F. Colb

Cornell Law Faculty Publications

No abstract provided.


Profiling With Apologies, Sherry F. Colb Apr 2004

Profiling With Apologies, Sherry F. Colb

Cornell Law Faculty Publications

No abstract provided.


What Is A Search? Two Conceptual Flaws In Fourth Amendment Doctine And Some Hints Of A Remedy, Sherry F. Colb Oct 2002

What Is A Search? Two Conceptual Flaws In Fourth Amendment Doctine And Some Hints Of A Remedy, Sherry F. Colb

Cornell Law Faculty Publications

No abstract provided.


Stopping A Moving Target, Sherry F. Colb Jan 2001

Stopping A Moving Target, Sherry F. Colb

Cornell Law Faculty Publications

No abstract provided.


The Qualitative Dimension Of Fourth Amendment "Reasonableness", Sherry F. Colb Nov 1998

The Qualitative Dimension Of Fourth Amendment "Reasonableness", Sherry F. Colb

Cornell Law Faculty Publications

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 …


Innocence, Privacy, And Targeting In Fourth Amendment Jurisprudence, Sherry F. Colb Oct 1996

Innocence, Privacy, And Targeting In Fourth Amendment Jurisprudence, Sherry F. Colb

Cornell Law Faculty Publications

No abstract provided.


A World Without Privacy: Why Property Does Not Define The Limits Of The Right Against Unreasonable Searches And Seizures, Sherry F. Colb Mar 1994

A World Without Privacy: Why Property Does Not Define The Limits Of The Right Against Unreasonable Searches And Seizures, Sherry F. Colb

Cornell Law Faculty Publications

No abstract provided.


Of Myths And Mapp: A Response To Professor Magee, Sheri Johnson Jan 1994

Of Myths And Mapp: A Response To Professor Magee, Sheri Johnson

Cornell Law Faculty Publications

No abstract provided.


Lords Of Lash, Loom, And Law: Justice Story, Slavery, And Prigg V. Pennsylvania, Barbara Holden-Smith Sep 1993

Lords Of Lash, Loom, And Law: Justice Story, Slavery, And Prigg V. Pennsylvania, Barbara Holden-Smith

Cornell Law Faculty Publications

No abstract provided.


Confessions, Criminals, And Community, Sheri Lynn Johnson Jul 1991

Confessions, Criminals, And Community, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.


Justice Kelleher And The Constitutions, Robert B. Kent Jan 1988

Justice Kelleher And The Constitutions, Robert B. Kent

Cornell Law Faculty Publications

No abstract provided.


Warrantless Vehicle Searches And The Fourth Amendment: The Burger Court Attacks The Exclusionary Rule, Steven D. Clymer Nov 1982

Warrantless Vehicle Searches And The Fourth Amendment: The Burger Court Attacks The Exclusionary Rule, Steven D. Clymer

Cornell Law Faculty Publications

No abstract provided.