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The Liberal Assault On The Fourth Amendment, Christopher Slobogin
The Liberal Assault On The Fourth Amendment, Christopher Slobogin
Vanderbilt Law School Faculty Publications
As construed by the Supreme Court, the Fourth Amendment's reasonableness requirement regulates overt, non-regulatory government searches of homes, cars, and personal effects-and virtually nothing else. This essay is primarily about how we got to this point. It is fashionable to place much of the blame for today's law on the Warren Court's adoption of the malleable expectation of privacy concept as the core value protected by the Fourth Amendment. But this diagnosis fails to explain why even the more liberal justices have often gone along with many of the privacy-diminishing holdings of the Court. This essay argues that three other …
The Constitutional Foundations Of Chenery, Kevin M. Stack
The Constitutional Foundations Of Chenery, Kevin M. Stack
Vanderbilt Law School Faculty Publications
The Supreme Court regularly upholds federal legislation on grounds other than those stated by Congress. Likewise, an appellate court may affirm a lower court judgment even if the lower court's opinion expressed the wrong reasons for it. Not so in the case of judicial review of administrative agencies. The established rule, formulated in SEC v. Chenery Corp., is that a reviewing court may uphold an agency's action only on the grounds upon which the agency relied when it acted. This Article argues that something more than distrust of agency lawyers is at work in Chenery. By making the validity of …
Federalism And Accountability, Timothy Meyer
Federalism And Accountability, Timothy Meyer
Vanderbilt Law School Faculty Publications
This article examines how one particular state institution, state attorneys general (SAGs), has operated within a unique set of institutional and political constraints to create state-based regulation with nationwide impact in policy areas including consumer protection, antitrust, environmental regulation, and securities regulation. This state-based regulation casts doubt on one of the principle rationales advanced in the Supreme Court's anticommandeering line of cases for limiting federal power; namely, that judicially-enforced limits on federal power enhance electoral accountability, a concept central to our democracy. If in the absence of federal regulation narrowly accountable state-based actors from a small number of states can …