Law Commons^™

Fourth Amendment Privacy In Public: A Fundamental Theory With Application To Location Tracking, Jordan Wallace-Wolf

Faculty Scholarship

When we walk out our front door, we are in public and other people may look at us. But intuitively, we don’t open ourselves up to unlimited scrutiny just by going outside. We retain some privacy, even in public. What is the source of this residual public-privacy, and how should the law recognize it without degrading the open character of public space?

The answer given by commentators, and most recently by the Supreme Court in Carpenter v. U.S., comes in the form of two related claims. The first is the chilling theory of the Fourth Amendment. According to this idea, …

Think Again: The Thought Crime Doctrine And The Limits Of Criminal Law, Jordan Wallace-Wolf

Faculty Scholarship

According to the thought crime doctrine, neither beliefs nor intentions may be subject to criminal punishment. The doctrine is widely endorsed, but puzzling in its scope. Beliefs have a free speech credential: they play a straightforward role in the sincere exchange of ideas. Moreover, they are harmless, in the specific sense that they do not aim at action and so not at lawbreaking. But intentions are otherwise. They do not necessarily further the exchange of ideas and they may aim at wrongful, illegal conduct.

So why should the thought crime doctrine categorically protect them in addition to beliefs? Why not …

Is An Employment-Discrimination Award Taxable?, L. Scott Stafford

Faculty Scholarship

No abstract provided.

God Talk By Professors Within The Classrooms Of Public Institutions Of Higher Education: What Is Constitutionally Permissible?, Sarah Howard Jenkins, Byron R. Johnson, Otto Jennings Helweg

Faculty Scholarship

No abstract provided.