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Full-Text Articles in Law
The Judicial Legacy Of Louis Brandeis And The Nature Of American Constitutionalism, Edward A. Purcell Jr.
The Judicial Legacy Of Louis Brandeis And The Nature Of American Constitutionalism, Edward A. Purcell Jr.
Articles & Chapters
No abstract provided.
Justice Scalia's Fourth Amendment: Text, Context, Clarity, And Occasional Faint-Hearted Originalism, Timothy C. Macdonnell
Justice Scalia's Fourth Amendment: Text, Context, Clarity, And Occasional Faint-Hearted Originalism, Timothy C. Macdonnell
Scholarly Articles
Since joining the United States Supreme Court in 1986, Justice Scalia has been a prominent voice on the Fourth Amendment, having written twenty majority opinions, twelve concurrences, and six dissents on the topic. Under his pen, the Court has altered its test for determining when the Fourth Amendment should apply; provided a vision to address technology's encroachment on privacy; and articulated the standard for determining whether government officials are entitled to qualified immunity in civil suits involving alleged Fourth Amendment violations. In most of Justice Scalia's opinions, he has championed an originalist/textualist theory of constitutional interpretation. Based on that theory, …
Six Opinions By Mr. Justice Stevens: A New Methodology For Constitutional Cases?, Robert F. Nagel
Six Opinions By Mr. Justice Stevens: A New Methodology For Constitutional Cases?, Robert F. Nagel
Publications
No abstract provided.
Justice Rabinowitz And Personal Freedom: Evolving A Constitutional Framework, Jeff M. Feldman
Justice Rabinowitz And Personal Freedom: Evolving A Constitutional Framework, Jeff M. Feldman
Articles
This Article honors the contributions former Chief Justice Jay Rabinowitz has made to Alaskan jurisprudence in the areas of individual privacy and freedom of expression. It begins by tracing the development of the Alaska Supreme Court’s protection of individual rights above and beyond that provided by the federal courts.The Article then provides a thorough analysis of two decisions authored by Justice Rabinowitz, Breese v. Smith and Ravin v. State, which have laid the foundation for heightened protection of privacy and freedom of expression rights in Alaska. Next, the Article discusses the influence and application of these two cases on …