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Full-Text Articles in Law
The Qualitative Fourth Amendment: The Case For A Refined, Information-Focused Approach To Fourth Amendment Cases Involving Non-Trespassatory Government Surveillance, Joshua L. Wagner
William & Mary Law Review
In his 2001 majority opinion for Kyllo v. United States, Justice Scalia adopted his characteristic chiding tone to gently reproach what he saw as a notably liberal departure from the original textual interpretation of the Constitution. The Katz test for Fourth Amendment violations, to Scalia, was plainly “circular, and hence subjective and unpredictable.” That it was one of the most influential and oft-discussed decisions the Supreme Court has ever handed down made little difference; regardless of whatever Justice Harlan and his successors had said, the Fourth Amendment was, at its heart, a protection against government interference with property and had …
Against Congressional Case Snatching, Ronald J. Krotoszynski, Atticus Deprospro
Against Congressional Case Snatching, Ronald J. Krotoszynski, Atticus Deprospro
William & Mary Law Review
Congress has developed a deeply problematic habit of aggrandizing itself by snatching cases from the Article III courts. One form of contemporary case snatching involves directly legislating the outcome of pending litigation by statute. These laws do not involve generic amendments to existing statutes but rather dictate specific rulings by the Article III courts in particular cases. Another form of congressional case snatching involves rendering ongoing judicial proceedings essentially advisory by unilaterally permitting a disgruntled litigant to transfer a pending case from an Article III court to an executive agency for resolution. Both practices involve Congress reallocating the business of …