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Full-Text Articles in Law

Instrumentalizing Jurors: An Argument Against The Fourth Amendment Exclusionary Rule, Todd E. Pettys May 2010

Instrumentalizing Jurors: An Argument Against The Fourth Amendment Exclusionary Rule, Todd E. Pettys

Todd E. Pettys

In this symposium contribution, I argue that (1) courts infringe on jurors' deliberative autonomy in a morally problematic way whenever they refuse to admit evidence that is both relevant and reasonably available; (2) this infringement is especially problematic in the Fourth Amendment setting; and (3) although there are several ways in which these moral problems could be at least partially mitigated, the best approach might be to abandon the Fourth Amendment exclusionary rule entirely.


Sodom's Shadow: The Uncertain Line Between Public And Private Morality, Todd E. Pettys May 2010

Sodom's Shadow: The Uncertain Line Between Public And Private Morality, Todd E. Pettys

Todd E. Pettys

In citizens’ debates about issues of public policy, we frequently encounter what this Article calls the divine accountability thesis—the controversial claim that the divine realm will punish a city, state, or nation unless it performs or proscribes certain forms of conduct. Many of us reject that claim, but its persistent usage in numerous societies over the past five thousand years teaches us a great deal about citizens’ political self-conceptions. This Article begins by arguing that the divine accountability thesis illustrates human beings’ deeply ingrained tendency to regard their political communities as discrete moral entities, individually deserving of punishment or reward. …


The Vitality Of The American Sovereign, Todd E. Pettys Apr 2010

The Vitality Of The American Sovereign, Todd E. Pettys

Todd E. Pettys

In this book review, I examine Christian Fritz's "American Sovereigns: The People and America's Constitutional Tradition Before the Civil War." I dispute Fritz's claim that Americans today have essentially ceded their sovereign prerogatives to government officials. Contrary to Fritz's suggestion, ordinary Americans do still sometimes intervene directly in day-to-day governmental affairs in ways that are unauthorized by their elected leaders, and they do alter their constitutional landscape by means other than those formally authorized by Article V. Americans have determined that their long-term interests are often best served by manifesting their sovereign desires through extended interactions with government officials and …