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Full-Text Articles in Law

The Fourth Amendment: History And Development Of The Reasonable Search, Bradley L. Tilt May 1993

The Fourth Amendment: History And Development Of The Reasonable Search, Bradley L. Tilt

Undergraduate Honors Capstone Projects

The existence of the search and seizure restrictions encoded in the Fourth Amendment to the United States Constitution is the result of a two part historical development that took place simultaneously in England and the American colonies. Severe legislative restrictions on the press were largely responsible for the developments in England, while in the colonies it was British tax and trade regulations that spawned the changes. On both sides of the Atlantic, however, the primary catalyst was the government's use of general searches in the enforcement of those laws. It was the continued abuse of general searches despite the public's …


New York State Bar Association Committee On State Constitution: Summary Of 1992 Activities, Shirley Adelson Siegel ,Chair Committee On State Constitution Jan 1993

New York State Bar Association Committee On State Constitution: Summary Of 1992 Activities, Shirley Adelson Siegel ,Chair Committee On State Constitution

Touro Law Review

No abstract provided.


Rewriting The Constitution: An Economic Analysis Of The Constitutional Amendment Process, Donald J. Boudreaux, A. C. Pritchard Jan 1993

Rewriting The Constitution: An Economic Analysis Of The Constitutional Amendment Process, Donald J. Boudreaux, A. C. Pritchard

Fordham Law Review

In this Article, the authors develop an economic theory of the constitutional amendment process under Article V, focusing particularly on the roles that Congress and interest groups play in that process. The authors construct a model to predict when an interest group will seek an amendment rather than a statute to further its interests, highlighting how interest group maintenance costs and anticipated opposition affect that choice. They then discuss the efficiency goals of constitutionalism—precommitment and reduction of agency costs—and argue that the structure of the amendment process under Article V prevents realization of these goals. The authors contrast the Bill …