Fourth Amendment Commons^™

Public Interest(S) And Fourth Amendment Enforcement, Alexander A. Reinert

Articles

Fourth Amendment events generate substantial controversy among the public and in the legal community. Yet there is orthodoxy to Fourth Amendment thinking, reflected in the near universal assumption by courts and commentators alike that the amendment creates only tension between privately held individual liberties and public-regarding interests in law enforcement and security. On this account, courts are faced with a clear choice when mediating Fourth Amendment conflicts: side with the individual by declaring a particular intrusion to be in violation of the Constitution or side with the public by permitting the intrusion. Scholarly literature and court decisions are accordingly littered …

Orwell’S Vision: Video And The Future Of Civil Rights Enforcement, Howard M. Wasserman

Faculty Publications

No abstract provided.

Congressional Oversight Of National Security Activities: Improving Information Funnels, Heidi Kitrosser

Cardozo Law Review

No abstract provided.

Section 1983 Cases In The October 2004 Term, Martin A. Schwartz

Touro Law Review

No abstract provided.

Equality, Objectivity, And Neutrality, Alafair S. Burke

Michigan Law Review

When is homicide reasonable? That familiar, yet unanswered question continues to intrigue both courts and criminal law scholars, in large part because any response must first address the question, "reasonable to whom?" The standard story about why that threshold question is both difficult and interesting usually involves a juxtaposition of "objective" and "subjective" standards for judging claims of reasonableness. On the one hand, the story goes, is a "subjective" standard of reasonableness under which jurors evaluate the reasonableness of a criminal defendant's beliefs and actions by comparing them to those of a hypothetical reasonable person sharing all of the individual …

American Courts Are Drowning In The "Gene Pool": Excavating The Slippery Slope Mechanisms Behind Judicial Endorsement Of Dna Databases, 39 J. Marshall L. Rev. 115 (2005), Meghan Riley

UIC Law Review

No abstract provided.

Racial Profiling Of African-American Males: Stopped, Searched, And Stripped Of Constitutional Protection, 38 J. Marshall L. Rev. 439 (2004), Floyd D. Weatherspoon

UIC Law Review

No abstract provided.

Cultural Context Matters: Terry's "Seesaw Effect", Frank Rudy Cooper

Scholarly Works

This Article investigates why the enforcement of a given legal doctrine may vary with changes in the cultural context in which it is applied. It argues that officials apply the law along an "enforcement practices continuum" in accord with changes in the prevailing articulations of the meaning of cultural identity norms associating particular groups with crime.

Terry v. Ohio doctrine allows police officers to make "stops" and "frisks" of limited scope upon reasonable suspicion of crime rather than requiring the higher standard of probable cause. The Article contends the officer discretion resulting from this "scope continuum" approach permits cultural identity …

Thermal Imaging And The Fourth Amendment: The Role Of The Katz Test In The Aftermath Of Kyllo V. United States, Gregory Gomez

NYLS Law Review

No abstract provided.

Criminal Prosecution And Section 1983, Barry Scheck

Articles

The article explores the intricate relationship between criminal prosecutions of police officers and subsequent Section 1983 civil rights claims. Professor Barry C. Scheck examines how the outcomes of criminal cases significantly influence civil litigation, highlighting challenges such as the "blue wall of silence," racial profiling, and legal strategies like Monell claims. The thesis underscores the strategic importance of federal intervention and the use of pattern and practice actions to address systemic issues in law enforcement.

Passenger Profiling: A Greater Terror Than Terrorism Itself, 32 J. Marshall L. Rev. 167 (1998), Donna Smith

UIC Law Review

No abstract provided.

Everyman's Fourth Amendment: Privacy Or Mutual Trust Between Government And Citizen, Scott E. Sundby

Articles

No abstract provided.

Judicial Criticism, James Boyd White

Book Chapters

Today I shall talk about the criticism of judicial opinions, especially of constitutional opinions. This may at first seem to have rather little to do with our larger topic, "The Constitution and Human Values," but I hope that by the end I will be seen to be talking about that subject too. In fact I hope to show that in what I call our "criticism," our "values" are defined and made actual in most important ways.

I will begin with a double quotation. I recently heard my friend and colleague Alton Becker, who writes about language and culture, begin a …

Shared Privacy And The Fourth Amendment, Or The Rights Of Relationships, Mary I. Coombs

Articles

No abstract provided.