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Bookmark or Share- Dwelling in Doubt: Do Tenants Have a Reasonable Expectation of Privacy ...The Fourth Amendment of the Constitution provides: “The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.”1 A search “occurs when an expectation of privacy that society is prepared to consider reasonable is infringed.”2 The profoundness of this ...
- 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
- Extending the Cat’s Paw Too Far into the Fire: Rejecting the Second ...I. Introduction. The “cat’s paw” theory of liability, an employment law doctrine sometimes referred to as subordinate bias, establishes that in certain circumstances an employer may be held liable for the discriminatory and retaliatory actions of its employees.1 The cat’s paw2 doctrine has been applied to Title VII of the Civil Rights Act of 1964,3 as well as to federal employment ...
- 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 ...
- The Right to Silence v. The Fifth Amendment - University of ChicagoA plain-meaning reading of the Fifth Amendment means the government cannot require a person to be a witness against himself in any criminal case.187 Unlike the Fourth Amendment, which protects people from unreasonable governmental searches and seizures and often requires the judiciary to balance an individual’s interests against the ...
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