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The Fourth Amendment in Flux

The Fourth Amendment in Flux PDF Author: Michael C. Gizzi
Publisher: University Press of Kansas
ISBN: 0700622578
Category : Political Science
Languages : en
Pages : 200

Book Description
When the Founders penned the Fourth Amendment to the Constitution, it was not difficult to identify the “persons, houses, papers, and effects” they meant to protect; nor was it hard to understand what “unreasonable searches and seizures” were. The Fourth Amendment was intended to stop the use of general warrants and writs of assistance and applied primarily to protect the home. Flash forward to a time of digital devices, automobiles, the war on drugs, and a Supreme Court dominated by several decades of the jurisprudence of crime control, and the legal meaning of everything from “effects” to “seizures” has dramatically changed. Michael C. Gizzi and R. Craig Curtis make sense of these changes in The Fourth Amendment in Flux. The book traces the development and application of search and seizure law and jurisprudence over time, with particular emphasis on decisions of the Roberts Court. Cell phones, GPS tracking devices, drones, wiretaps, the Patriot Act, constantly changing technology, and a political culture that emphasizes crime control create new challenges for Fourth Amendment interpretation and jurisprudence. This work exposes the tensions caused by attempts to apply pretechnological legal doctrine to modern problems of digital privacy. In their analysis of the Roberts Court’s relevant decisions, Gizzi and Curtis document the different approaches to the law that have been applied by the justices since the Obama nominees took their seats on the court. Their account, combining law, political science, and history, provides insight into the court’s small group dynamics, and traces changes regarding search and seizure law in the opinions of one of its longest serving members, Justice Antonin Scalia. At a time when issues of privacy are increasingly complicated by technological advances, this overview and analysis of Fourth Amendment law is especially welcome—an invaluable resource as we address the enduring question of how to balance freedom against security in the context of the challenges of the twenty-first century.

The Fourth Amendment in Flux

The Fourth Amendment in Flux PDF Author: Michael C. Gizzi
Publisher: University Press of Kansas
ISBN: 0700622578
Category : Political Science
Languages : en
Pages : 200

Book Description
When the Founders penned the Fourth Amendment to the Constitution, it was not difficult to identify the “persons, houses, papers, and effects” they meant to protect; nor was it hard to understand what “unreasonable searches and seizures” were. The Fourth Amendment was intended to stop the use of general warrants and writs of assistance and applied primarily to protect the home. Flash forward to a time of digital devices, automobiles, the war on drugs, and a Supreme Court dominated by several decades of the jurisprudence of crime control, and the legal meaning of everything from “effects” to “seizures” has dramatically changed. Michael C. Gizzi and R. Craig Curtis make sense of these changes in The Fourth Amendment in Flux. The book traces the development and application of search and seizure law and jurisprudence over time, with particular emphasis on decisions of the Roberts Court. Cell phones, GPS tracking devices, drones, wiretaps, the Patriot Act, constantly changing technology, and a political culture that emphasizes crime control create new challenges for Fourth Amendment interpretation and jurisprudence. This work exposes the tensions caused by attempts to apply pretechnological legal doctrine to modern problems of digital privacy. In their analysis of the Roberts Court’s relevant decisions, Gizzi and Curtis document the different approaches to the law that have been applied by the justices since the Obama nominees took their seats on the court. Their account, combining law, political science, and history, provides insight into the court’s small group dynamics, and traces changes regarding search and seizure law in the opinions of one of its longest serving members, Justice Antonin Scalia. At a time when issues of privacy are increasingly complicated by technological advances, this overview and analysis of Fourth Amendment law is especially welcome—an invaluable resource as we address the enduring question of how to balance freedom against security in the context of the challenges of the twenty-first century.

Contacts Between Police and the Public (2005)

Contacts Between Police and the Public (2005) PDF Author: Matthew R. Durose
Publisher: DIANE Publishing
ISBN: 1437921175
Category : Political Science
Languages : en
Pages : 14

Book Description
Presents data on the nature and characteristics of contacts between residents of the U.S. and the police over a 12-month period. More than 60,000 individuals age 16 or older participated in a nationally survey. Detailed findings on face-to-face contacts with police include the reason for and outcome of the contact, resident opinion on police behavior during the contact, and whether police used or threatened to use force during the contact. The document contains demographic characteristics of residents involved in traffic stops and use-of-force incidents and provides comparative analysis with prior survey findings. Overall, the study found that about 9 out of 10 people who had contact with police in 2005 felt that the police acted properly. Tables.

Constitutional Law for a Changing America

Constitutional Law for a Changing America PDF Author: Lee Epstein
Publisher: CQ Press
ISBN: 1071901699
Category : Political Science
Languages : en
Pages : 721

Book Description
In Constitutional Law for a Changing America: Rights, Liberties, and Justice, bestselling authors Lee Epstein, Kevin T. McGuire, and Thomas G. Walker show students how political factors influence judicial decisions and shape the development of constitutional law. The Twelfth Edition, updated with additional material such as recent court rulings, more than 500 supplemental cases, and greater coverage of freedom of expression, will facilitate a deeper understanding of how the U.S. Constitution protects civil rights and liberties. Included with this title: LMS Cartridge: Import this title′s instructor resources into your school′s learning management system (LMS) and save time. Don′t use an LMS? You can still access all of the same online resources for this title via the password-protected Instructor Resource Site. Select the Resources tab on this page to learn more.

The Fourth Amendment in an Age of Surveillance

The Fourth Amendment in an Age of Surveillance PDF Author: David Gray
Publisher: Cambridge University Press
ISBN: 1107133238
Category : Law
Languages : en
Pages : 319

Book Description
This book is an originalist rereading of the Fourth Amendment that reveals when and how contemporary surveillance technologies should be subject to constitutional regulation.

The Writs of Assistance Case

The Writs of Assistance Case PDF Author: M.H. Smith
Publisher: Univ of California Press
ISBN: 0520327403
Category : Law
Languages : en
Pages : 608

Book Description
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1978.

Forthcoming, second edition

Forthcoming, second edition PDF Author: Jalal Toufic
Publisher: National Geographic Books
ISBN: 3956790553
Category : Art
Languages : en
Pages : 0

Book Description
Jalal Toufic is a thinker and a mortal to death. He was born in 1962 in Beirut or Baghdad and died before dying in 1989 in Evanston, Illinois. This second edition of a collection of his essays whirls around the appearance of the unworldly in art, culture, history, and the present.

The Law of American State Constitutions

The Law of American State Constitutions PDF Author: Robert Williams
Publisher: Oxford University Press
ISBN: 0199711305
Category : Law
Languages : en
Pages : 450

Book Description
The Law of American State Constitutions provides complete coverage of the legal doctrines surrounding, applying to, and arising from American state constitutions and their judicial interpretation. Using specific examples, Professor Williams provides legal analysis of the nature and function of state constitutions by contrast to the federal Constitution, including rights, separation of powers, policy-based provisions, the judicial interpretation issues that arise under state constitutions and the processes for their amendment and revision. Reference is made to history and political theory, but legal analysis is the primary focus. The Law of American State Constitutions provides an important analytical tool that explains the unique character and the range of judicial interpretation of these constitutions, together with the specialized techniques of argument and interpretation surrounding state constitutions. This is the first book to present a complete picture of the current body of state constitutional law and its judicial interpretation.

The Living Constitution

The Living Constitution PDF Author: David A. Strauss
Publisher: Oxford University Press
ISBN: 0199703698
Category : Law
Languages : en
Pages : 171

Book Description
Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.

The Latinos of Asia

The Latinos of Asia PDF Author: Anthony Christian Ocampo
Publisher: Stanford University Press
ISBN: 0804797579
Category : Social Science
Languages : en
Pages : 270

Book Description
This “ groundbreaking book . . . is essential reading not only for the Filipino diaspora but for anyone who cares about the mysteries of racial identity” (Jose Antonio Vargas, Pulitzer Prize–winning journalist). Is race only about the color of your skin? In The Latinos of Asia, Anthony Christian Ocampo shows that what “color” you are depends largely on your social context. Filipino Americans, for example, helped establish the Asian American movement and are classified by the US Census as Asian. But the legacy of Spanish colonialism in the Philippines means that they share many cultural characteristics with Latinos, such as last names, religion, and language. Thus, Filipinos’ “color” —their sense of connection with other racial groups—changes depending on their social context. The Filipino story demonstrates how immigration is changing the way people negotiate race, particularly in cities like Los Angeles where Latinos and Asians now constitute a collective majority. Amplifying their voices, Ocampo illustrates how second-generation Filipino Americans’ racial identities change depending on the communities they grow up in, the schools they attend, and the people they befriend. Ultimately, The Latinos of Asia offers a window into both the racial consciousness of everyday people and the changing racial landscape of American society.

Painting Constitutional Law

Painting Constitutional Law PDF Author: Renée Ater
Publisher: Legal History Library
ISBN: 9789004364301
Category : Art
Languages : en
Pages : 272

Book Description
"In May It Please the Court, artist Xavier Cortada portrays ten significant decisions by the Supreme Court of the United States that originated from people, places, and events in Florida. These cases cover the rights of criminal defendants, the rights of free speech and free exercise of religion, and the powers of states. In Painting Constitutional Law, scholars of constitutional law analyse the paintings and cases, describing the law surrounding the cases and discussing how Cortada captures these foundational decisions, their people, and their events on canvas. This book explores new connections between contemporary art and constitutional law. Contributors are: Renée Ater, Mary Sue Backus, Kathleen A. Brady, Jenny E. Carroll, Erwin Chemerinsky, Xavier Cortada, Andrew Guthrie Ferguson, Leslie Kendrick, Corinna Barrett Lain, Paul Marcus, Linda C. McClain, M.C. Mirow, James E. Pfander, Laura S. Underkuffler, and Howard M. Wasserman"--