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Bookmark or Share- Fourth Amendment Standing and the General Rule of WaiverAs noted by Anthony Amsterdam, two competing perspectives dominate Fourth Amendment jurisprudence.55 On the one hand, there is the “atomistic” perspective, which is the idea that the Fourth Amendment “should be viewed as a collection of protections of atomistic spheres of interest of individual citizens.”56 The Fourth Amendment protects ...
- Fourth Amendment Rights of Probationers: The Lack of Explicit Probation ...Griffin was the first case that posited that certain “special needs” led to a recognition of less exacting Fourth Amendment standards to search probationers.182 While Griffin held that supervision, being a “special need” of the State, permitted a degree of infringement upon privacy, it also clarified that it upheld the search at issue ...
- Knock and Talks: Faithfully Applying Social Norms to Prevent ...I. Introduction. Under the Fourth Amendment, the home is protected as “first among equals.”1 Even before the founding, the common law declared property rights to be “sacred.”2 Despite these words of high reverence, a well-established doctrine of American law permits a police officer to approach any house in the country, at nearly any time, for any reason, and stand squarely on the ...
- Interpreting “Use” of a Minor in § 3B1.4: The Benefits of Adopting a ...Alternatively, if one does not want to wait for the circuits to face a conspiracy case and begin applying the dual approach, the Sentencing Commission could potentially resolve this issue with an amendment to the introductory commentary to Chapter Three, Part B of 18 U.S.C. Explicit guidance from the Sentencing Commission, rather than a ...
- Free Speech Overrides | The University of Chicago Legal ForumThe notion of an “absolute” First Amendment has been around for generations.1 First Amendment absolutism was championed, although not with exactly that term, by Justices Hugo Black and William O. Douglas.2 And numerous commentators, perhaps Alexander Meiklejohn most prominently,3 have joined the absolutist parade.4
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