Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Constitutional Criminal Procedure (1)
- Constitutional Law (1)
- Courts (1)
- Criminal Law (1)
- Criminal Law and Procedure (1)
-
- Decisionmaking (1)
- Email (1)
- Empirical Legal Studies (1)
- Encryption (1)
- Formalism (1)
- Fourth Amendment (1)
- Game Theory (1)
- General Law (1)
- Ideology (1)
- Innovation (1)
- Investigation (1)
- Legalism (1)
- NSA (1)
- Police (1)
- Policy (1)
- Politics (1)
- Pragmatism (1)
- Privacy (1)
- Science and Technology (1)
- Supreme Court (1)
- Warrant Requirement (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
The Second Dimension Of The Supreme Court, Joshua B. Fischman, Tonja Jacobi
The Second Dimension Of The Supreme Court, Joshua B. Fischman, Tonja Jacobi
Tonja Jacobi
Describing the justices of the Supreme Court as ‘liberals’ and ‘conservatives’ has become so standard—and the left-right division on the Court is considered so entrenched—that any deviation from that pattern is treated with surprise. Attentive Court watchers know that the justices are not just politicians in robes, deciding each case on a purely ideological basis. Yet the increasingly influential empirical legal studies literature assumes just that—that a left-right ideological dimension fully describes the Supreme Court. We show that there is a second, more legally-focused dimension of judicial decision-making. A continuum between legalism and pragmatism also divides the justices, in ways …
Criminal Innovation And The Warrant Requirement: Reconsidering The Rights-Police Efficiency Trade-Off, Tonja Jacobi, Jonah Kind
Criminal Innovation And The Warrant Requirement: Reconsidering The Rights-Police Efficiency Trade-Off, Tonja Jacobi, Jonah Kind
Tonja Jacobi
It is routinely assumed that there is a trade-off between police efficiency and the warrant requirement. But existing analysis ignores the interaction between police investigative practices and criminal innovation. Narrowing the definition of a search or otherwise limiting the requirement for a warrant gives criminals greater incentive to innovate to avoid detection. With limited police resources to develop countermeasures, police will often be just as effective at capturing criminals when facing higher Fourth Amendment hurdles. We provide a game theoretic model that shows that when police investigation and criminal innovation are considered in a dynamic context, the police efficiency rationale …