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Articles 1 - 15 of 15
Full-Text Articles in Law
Search, Seizure And The Positive Law: Expectations Of Privacy Outside The Fourth Amendment, Daniel B. Yeager
Search, Seizure And The Positive Law: Expectations Of Privacy Outside The Fourth Amendment, Daniel B. Yeager
Daniel B. Yeager
No abstract provided.
Stuffed Deer And The Grammar Of Mistakes, Daniel B. Yeager
Stuffed Deer And The Grammar Of Mistakes, Daniel B. Yeager
Daniel B. Yeager
Impossible attempts were first officially recognized as non-criminal in 1864, the idea being that a person whose anti-social bent poses no appreciable risk of harm is no criminal.
To reassure myself the subject doesn’t “smell of the lamp,” I tapped “impossibility” into Westlaw, which designated nearly 1500 criminal cases as on point, 900 or so more recent than 1999. Impossible attempts thus turn out to be not merely a professorial hobby horse, but instead, expressive of a non-trivial tension between risk-taking and harm-causing within the very real world of criminal litigation.
Although it is now hornbook that impossible attempts are …
Fiduciary-Isms: A Study Of Academic Influence On The Expansion Of The Law, Daniel B. Yeager
Fiduciary-Isms: A Study Of Academic Influence On The Expansion Of The Law, Daniel B. Yeager
Daniel B. Yeager
Fiduciary law aspires to nullify power imbalances by obligating strong parties to give themselves over to servient parties. For example, due to profound imbalances of legal know-how, lawyers must as fiduciaries pursue their clients’ interests, not their own, lest clients get lost in the competitive shuffle. As a peculiar hybrid of status and contract relations, politics and law, compassion and capitalism, fiduciary law is very much in vogue in academic circles. As vogue as it is, there remains room for my “Fiduciary-isms...”, a meditation on the expansion of fiduciary law from its origins in the law of trusts through partnerships, …
Stubbornness Of Pretexts, Daniel B. Yeager
Stubbornness Of Pretexts, Daniel B. Yeager
Daniel B. Yeager
This Article will reflect on (1) how the Whren v. United States failure to acknowledge what counts as a pretext accounts for the residual confusion as to whether or not Whren really has killed off the pretext argument in constitutional criminal procedure, and (2) the extent to which the Court in Sullivan compounded that failure, which I hope to lightly correct here by distinguishing motives from intentions and then by elaborating the role that each plays, or at least should play, in Fourth Amendment jurisprudence.
Marlowe's Faustus: Contract As Metaphor?, Daniel B. Yeager
Marlowe's Faustus: Contract As Metaphor?, Daniel B. Yeager
Daniel B. Yeager
No abstract provided.
Categorical And Individualized Rights- Ordering On Federal Habeas Corpus, Daniel B. Yeager
Categorical And Individualized Rights- Ordering On Federal Habeas Corpus, Daniel B. Yeager
Daniel B. Yeager
No abstract provided.
Search, Seizure And The Positive Law: Expectations Of Privacy Outside The Fourth Amendment, Daniel B. Yeager
Search, Seizure And The Positive Law: Expectations Of Privacy Outside The Fourth Amendment, Daniel B. Yeager
Daniel B. Yeager
This Article is about the misunderstood relationship between the Fourth Amendment and the positive law. It shows how state property law and other expressions of the positive law are more resilient and useful to Fourth Amendment analysis than the Court's decisions of the past three decades recognize.
Categorical And Individualized Rights-Ordering On Federal Habeas Corpus, Daniel B. Yeager
Categorical And Individualized Rights-Ordering On Federal Habeas Corpus, Daniel B. Yeager
Daniel B. Yeager
This Article criticizes the Supreme Court's treatment of both individualized and categorical bases of relief on federal habeas corpus. Part I notes the Court's trend toward trimming the process that is due in criminal and prisoner litigation generally. This trend may explain the drop in process on habeas as well, but generally declining process cannot explain which rights, if any, should survive the decline. That would require our weighting, if not reconciling, accuracy and dignitary norms, which is the subject of Part II. In Part II, I examine Withrow v Williams, a case from the Court's 1992 Term, which, for …
Searches, Seizures, Confessions, And Some Thoughts On Criminal Procedure: Regulation Of Police Investigation -- Legal, Historical, Empirical, And Comparative Materials, Daniel B. Yeager
Daniel B. Yeager
No abstract provided.
Helping, Doing, And The Grammar Of Complicity, Daniel B. Yeager
Helping, Doing, And The Grammar Of Complicity, Daniel B. Yeager
Daniel B. Yeager
This essay is about the grammatical and, to a lesser extent, moral aspects of the law of complicity, which treats someone who helps someone else commit a crime as though the helper himself committed the crime. The point I hope to make here is similar to the one Professor Phillip Johnson made about what he called "the unnecessary crime of conspiracy."
Dangerous Games And The Criminal Law, Daniel B. Yeager
Dangerous Games And The Criminal Law, Daniel B. Yeager
Daniel B. Yeager
This essay means to correct the ways in which the law of homicide deals with lucky winners or survivors of dangerous games that end in the deaths of unlucky (dead) "losers" or even unluckier non-participants. Drag racing and Russian roulette are my focus, not only because they are so frequently litigated, but also because most other (unlawful) excessive risk-taking ventures are not, grammatically, what we mean when we say "game." It is not so much my intention to evaluate the role that "moral luck" plays generally in the world or specifically in the criminal law. It is my position that …
Public Safety Exception To Miranda Careening Through The Lower Courts, Daniel B. Yeager
Public Safety Exception To Miranda Careening Through The Lower Courts, Daniel B. Yeager
Daniel B. Yeager
No abstract provided.
Overcoming Hiddenness: The Role Of Intentions In Fourth Amendment Analysis, Daniel B. Yeager
Overcoming Hiddenness: The Role Of Intentions In Fourth Amendment Analysis, Daniel B. Yeager
Daniel B. Yeager
This Article rehearses a response to the problems posed to and by the Supreme Court's attempts to work out the meaning and operation of the word "search." After commencing Part II by meditating on the notion of privacy, I take up its relation to the antecedent suspicion or knowledge that Fourth-Amendment law requires as a justification for all privacy invasions. From there, I look specifically at that uneasy relation in Supreme Court jurisprudence, which has come to privilege privacy over property as a Fourth Amendment value. From there, Part III reviews the sources or bases that can tell us what …
Rethinking Custodial Interrogation, Daniel B. Yeager
Rethinking Custodial Interrogation, Daniel B. Yeager
Daniel B. Yeager
This Article attempts to resurrect a concept crucial to the Supreme Court lexicon. It is not, however, a police manual. This Article concerns itself solely with questions surrounding the admissibility of confessions, and in so doing, attempts to show that only a reconsideration of custodial interrogation can restore the "significant deprivations" language to the status granted it in Miranda v. Arizona.
Kahan On Mistakes, Daniel B. Yeager