Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 31 - 33 of 33

Full-Text Articles in Law

The Political Fourth Amendment, Thomas P. Crocker Jan 2010

The Political Fourth Amendment, Thomas P. Crocker

Faculty Publications

The Political Fourth Amendment builds on Justice Ginsburg's recent dissent in Herring v. United States to argue for a "more majestic conception" of the Fourth Amendment focused on protecting political liberty. To put the point dramatically, we misread the Fourth Amendment when we read it exclusively as a criminal procedure provision focused entirely on either regulating police or protecting privacy. In order to see the Fourth Amendment as contributing to the Constitution's protections for political liberty, and not simply as an invitation to regulate police practice, we must take seriously the fact that the Fourth Amendment's textual purpose is to …


After Iqbal, Joseph Seiner Jan 2010

After Iqbal, Joseph Seiner

Faculty Publications

No abstract provided.


Stranger Dictum: Why Arizona V. Gant Compels The Conclusion That Suspicionless Buie Searches Incident To Lawful Arrests Are Unconstitutional, Colin Miller Jan 2010

Stranger Dictum: Why Arizona V. Gant Compels The Conclusion That Suspicionless Buie Searches Incident To Lawful Arrests Are Unconstitutional, Colin Miller

Faculty Publications

No abstract provided.