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

Law Commons

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

Journal Articles

Supreme Court

Fourth Amendment

Articles 1 - 2 of 2

Full-Text Articles in Law

The Supreme Court's Quiet Expansion Of Qualified Immunity, Kit Kinports Jan 2016

The Supreme Court's Quiet Expansion Of Qualified Immunity, Kit Kinports

Journal Articles

This Essay discusses the Supreme Court’s tendency in recent opinions to covertly expand the reach of the qualified immunity defense available to public officials in § 1983 civil rights suits. In particular, the Essay points out that the Court, often in per curiam rulings, has described qualified immunity in increasingly broad terms and has qualified and retreated from its precedents, without offering any explanation or even acknowledging that it is deviating from past practice.

In making this claim, I focus on three specific issues: the manner in which the Court characterizes the standard governing the qualified immunity defense; the question …


Some Observations On The Supreme Court's Use Of Property Concepts In Resolving Fourth Amendment Problems, Fernand N. Dutile Jan 1971

Some Observations On The Supreme Court's Use Of Property Concepts In Resolving Fourth Amendment Problems, Fernand N. Dutile

Journal Articles

There is a tendency among lawyers and laymen alike to consider "property rights" wholly distinct from "human rights", and to disparage the former in favor of the latter. To a large extent the tendency has been appropriate. One of the happiest chapters of recent times has been the effort to champion human values even at the expense of restricting the individual's use of his "own" property. The public accommodations section of the 1964 Civil Rights Act, the increase in aesthetic zoning, the extension of landlords' responsibilities with respect to leased properties and the expansion of consumer protection highlight the law's …