Reconstructing The Fourth Amendment

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Reconstructing the Fourth Amendment

Author : Andrew E. Taslitz
Publisher : NYU Press
ISBN 13 : 0814783260
Total Pages : 377 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Reconstructing the Fourth Amendment by : Andrew E. Taslitz

Download or read book Reconstructing the Fourth Amendment written by Andrew E. Taslitz and published by NYU Press. This book was released on 2009-03 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: The modern law of search and seizure permits warrantless searches that ruin the citizenry's trust in law enforcement, harms minorities, and embraces an individualistic notion of the rights that it protects, ignoring essential roles that properly-conceived protections of privacy, mobility, and property play in uniting Americans. Many believe the Fourth Amendment is a poor bulwark against state tyrannies, particularly during the War on Terror. Historical amnesia has obscured the Fourth Amendment's positive aspects, and Andrew E. Taslitz rescues its forgotten history in Reconstructing the Fourth Amendment, which includes two novel arguments. First, that the original Fourth Amendment of 1791—born in political struggle between the English and the colonists—served important political functions, particularly in regulating expressive political violence. Second, that the Amendment’s meaning changed when the Fourteenth Amendment was created to give teeth to outlawing slavery, and its focus shifted from primary emphasis on individualistic privacy notions as central to a white democratic polis to enhanced protections for group privacy, individual mobility, and property in a multi-racial republic. With an understanding of the historical roots of the Fourth Amendment, suggests Taslitz, we can upend negative assumptions of modern search and seizure law, and create new institutional approaches that give political voice to citizens and safeguard against unnecessary humiliation and dehumanization at the hands of the police.

The Cambridge Handbook of Policing in the United States

Author : Tamara Rice Lave
Publisher : Cambridge University Press
ISBN 13 : 1108420559
Total Pages : 615 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Cambridge Handbook of Policing in the United States by : Tamara Rice Lave

Download or read book The Cambridge Handbook of Policing in the United States written by Tamara Rice Lave and published by Cambridge University Press. This book was released on 2019-07-04 with total page 615 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive collection on police and policing, written by experts in political theory, sociology, criminology, economics, law, public health, and critical theory.

The Second Founding: How the Civil War and Reconstruction Remade the Constitution

Author : Eric Foner
Publisher : W. W. Norton & Company
ISBN 13 : 0393652580
Total Pages : 228 pages
Book Rating : 4.3/5 (936 download)

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Book Synopsis The Second Founding: How the Civil War and Reconstruction Remade the Constitution by : Eric Foner

Download or read book The Second Founding: How the Civil War and Reconstruction Remade the Constitution written by Eric Foner and published by W. W. Norton & Company. This book was released on 2019-09-17 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Gripping and essential.”—Jesse Wegman, New York Times An authoritative history by the preeminent scholar of the Civil War era, The Second Founding traces the arc of the three foundational Reconstruction amendments from their origins in antebellum activism and adoption amidst intense postwar politics to their virtual nullification by narrow Supreme Court decisions and Jim Crow state laws. Today these amendments remain strong tools for achieving the American ideal of equality, if only we will take them up.

American Founding Son

Author : Gerard N. Magliocca
Publisher : NYU Press
ISBN 13 : 0814761453
Total Pages : 304 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis American Founding Son by : Gerard N. Magliocca

Download or read book American Founding Son written by Gerard N. Magliocca and published by NYU Press. This book was released on 2013-09-06 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Bingham was the architect of the rebirth of the United States following the Civil War. A leading antislavery lawyer and congressman from Ohio, Bingham wrote the most important part of the Fourteenth Amendment to the Constitution, which guarantees fundamental rights and equality to all Americans. He was also at the center of two of the greatest trials in history, giving the closing argument in the military prosecution of John Wilkes Booth’s co-conspirators for the assassination of Abraham Lincoln and in the impeachment of President Andrew Johnson. And more than any other man, Bingham played the key role in shaping the Union’s policy towards the occupied ex-Confederate States, with consequences that still haunt our politics. American Founding Son provides the most complete portrait yet of this remarkable statesman. Drawing on his personal letters and speeches, the book traces Bingham’s life from his humble roots in Pennsylvania through his career as a leader of the Republican Party. Gerard N. Magliocca argues that Bingham and his congressional colleagues transformed the Constitution that the Founding Fathers created, and did so with the same ingenuity that their forbears used to create a more perfect union in the 1780s. In this book, Magliocca restores Bingham to his rightful place as one of our great leaders. Gerard N. Magliocca is the Samuel R. Rosen Professor at Indiana University Robert H. McKinney School of Law. He is the author of three books on constitutional law, and his work on Andrew Jackson was the subject of an hour-long program on C-Span’s Book TV.

The Reconstruction Amendments

Author : Kurt T. Lash
Publisher : University of Chicago Press
ISBN 13 : 022668878X
Total Pages : 584 pages
Book Rating : 4.2/5 (266 download)

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Book Synopsis The Reconstruction Amendments by : Kurt T. Lash

Download or read book The Reconstruction Amendments written by Kurt T. Lash and published by University of Chicago Press. This book was released on 2021-04-09 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The amendments to the U.S. Constitution passed in the aftermath of the Civil War not only abolished slavery but reshaped the reach of the Constitution. Kurt Lash has collected documents ranging campaign speeches and party platforms through personal diaries of leading (and obscure) figures, to the Confederate states' declarations of secession that help us understand the history and meaning of these critical amendments: the 13th (abolishing slavery), 14th (citizenship, due process, equal protection), and 15th (expands right to vote). This is a two-volume set: the first offers broad background, context, and themes ("The Ante-bellum Constitution"); and material related to the 13th Amendment, while the second volume covers the 14th and 15th Amendments, with the 14th on balance dominating the discussion due to its outsized importance and complexity"--

The Rise of Big Data Policing

Author : Andrew Guthrie Ferguson
Publisher : NYU Press
ISBN 13 : 147986997X
Total Pages : 267 pages
Book Rating : 4.4/5 (798 download)

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Book Synopsis The Rise of Big Data Policing by : Andrew Guthrie Ferguson

Download or read book The Rise of Big Data Policing written by Andrew Guthrie Ferguson and published by NYU Press. This book was released on 2019-11-15 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner, 2018 Law & Legal Studies PROSE Award The consequences of big data and algorithm-driven policing and its impact on law enforcement In a high-tech command center in downtown Los Angeles, a digital map lights up with 911 calls, television monitors track breaking news stories, surveillance cameras sweep the streets, and rows of networked computers link analysts and police officers to a wealth of law enforcement intelligence. This is just a glimpse into a future where software predicts future crimes, algorithms generate virtual “most-wanted” lists, and databanks collect personal and biometric information. The Rise of Big Data Policing introduces the cutting-edge technology that is changing how the police do their jobs and shows why it is more important than ever that citizens understand the far-reaching consequences of big data surveillance as a law enforcement tool. Andrew Guthrie Ferguson reveals how these new technologies —viewed as race-neutral and objective—have been eagerly adopted by police departments hoping to distance themselves from claims of racial bias and unconstitutional practices. After a series of high-profile police shootings and federal investigations into systemic police misconduct, and in an era of law enforcement budget cutbacks, data-driven policing has been billed as a way to “turn the page” on racial bias. But behind the data are real people, and difficult questions remain about racial discrimination and the potential to distort constitutional protections. In this first book on big data policing, Ferguson offers an examination of how new technologies will alter the who, where, when and how we police. These new technologies also offer data-driven methods to improve police accountability and to remedy the underlying socio-economic risk factors that encourage crime. The Rise of Big Data Policing is a must read for anyone concerned with how technology will revolutionize law enforcement and its potential threat to the security, privacy, and constitutional rights of citizens. Read an excerpt and interview with Andrew Guthrie Ferguson in The Economist.

Smart Surveillance

Author : Ric Simmons
Publisher : Cambridge University Press
ISBN 13 : 1108682391
Total Pages : 273 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Smart Surveillance by : Ric Simmons

Download or read book Smart Surveillance written by Ric Simmons and published by Cambridge University Press. This book was released on 2019-08-22 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last decade, law enforcement agencies have engaged in increasingly intrusive surveillance methods, from location tracking on cell phones to reading metadata off of e-mails. As a result, many believe we are heading towards an omniscient surveillance state and irrevocable damage to our privacy rights. In Smart Surveillance, Ric Simmons challenges this conventional wisdom by taking a broader look at the effect of new technologies and privacy, arguing that advances in technology can enhance our privacy and our security at the same time. Rather than focusing exclusively on the rise of invasive surveillance technologies, Simmons proposes a fundamentally new method of evaluating government searches - based on quantification, transparency, and efficiency - resulting in a legal regime that can adapt as technology and society change.

The Bill of Rights

Author : Akhil Reed Amar
Publisher : Yale University Press
ISBN 13 : 0300127081
Total Pages : 428 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis The Bill of Rights by : Akhil Reed Amar

Download or read book The Bill of Rights written by Akhil Reed Amar and published by Yale University Press. This book was released on 2008-10-01 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are the deep insights of Hugo Black, William Brennan, and Felix Frankfurter that have defined our cherished Bill of Rights fatally flawed? With meticulous historical scholarship and elegant legal interpretation a leading scholar of Constitutional law boldly answers yes as he explodes conventional wisdom about the first ten amendments to the U.S. Constitution in this incisive new account of our most basic charter of liberty. Akhil Reed Amar brilliantly illuminates in rich detail not simply the text, structure, and history of individual clauses of the 1789 Bill, but their intended relationships to each other and to other constitutional provisions. Amar's corrective does not end there, however, for as his powerful narrative proves, a later generation of antislavery activists profoundly changed the meaning of the Bill in the Reconstruction era. With the Fourteenth Amendment, Americans underwent a new birth of freedom that transformed the old Bill of Rights. We have as a result a complex historical document originally designed to protect the people against self-interested government and revised by the Fourteenth Amendment to guard minority against majority. In our continuing battles over freedom of religion and expression, arms bearing, privacy, states' rights, and popular sovereignty, Amar concludes, we must hearken to both the Founding Fathers who created the Bill and their sons and daughters who reconstructed it. Amar's landmark work invites citizens to a deeper understanding of their Bill of Rights and will set the basic terms of debate about it for modern lawyers, jurists, and historians for years to come.

The Fourth Amendment

Author : Michael J. Z. Mannheimer
Publisher : University of Michigan Press
ISBN 13 : 0472903713
Total Pages : 431 pages
Book Rating : 4.4/5 (729 download)

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Book Synopsis The Fourth Amendment by : Michael J. Z. Mannheimer

Download or read book The Fourth Amendment written by Michael J. Z. Mannheimer and published by University of Michigan Press. This book was released on 2023-08-22 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Police are required to obey the law. While that seems obvious, courts have lost track of that requirement due to misinterpreting the two constitutional provisions governing police conduct: the Fourth and Fourteenth Amendments. The Fourth Amendment forbids "unreasonable searches and seizures" and is the source of most constitutional constraints on policing. Although that provision technically applies only to the federal government, the Fourteenth Amendment, ratified in the wake of the Civil War, has been deemed to apply the Fourth Amendment to the States. This book contends that the courts’ misinterpretation of these provisions has led them to hold federal and state law enforcement mistakenly to the same constitutional standards. The Fourth Amendment was originally understood as a federalism, or “states’ rights,” provision that, in effect, required federal agents to adhere to state law when searching or seizing. Thus, applying the same constraint to the States is impossible. Instead, the Fourteenth Amendment was originally understood in part as requiring that state officials (1) adhere to state law, (2) not discriminate, and (3) not be granted excessive discretion by legislators. These principles should guide judicial review of modern policing. Instead, constitutional constraints on policing are too strict and too forgiving at the same time. In this book, Michael J.Z. Mannheimer calls for a reimagination of what modern policing could look like based on the original understandings of the Fourth and Fourteenth Amendments.

Out of Range

Author : Mark V. Tushnet
Publisher : Oxford University Press
ISBN 13 : 019981371X
Total Pages : 178 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis Out of Range by : Mark V. Tushnet

Download or read book Out of Range written by Mark V. Tushnet and published by Oxford University Press. This book was released on 2007-09-05 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few constitutional disputes maintain as powerful a grip on the public mind as the battle over the Second Amendment. The National Rifle Association and gun-control groups struggle unceasingly over a piece of the political landscape that no candidate for the presidency--and few for Congress--can afford to ignore. But who's right? Will it ever be possible to settle the argument? In Out of Range, one of the nation's leading legal scholars takes a calm, objective look at this bitter debate. Mark V. Tushnet brings to this book a deep expertise in the Constitution, the Supreme Court, and the role of the law in American life. He breaks down the different positions on the Second Amendment, showing that it is a mistake to stereotype them. Tushnet's exploration is honest and nuanced; he finds the constitutional arguments finely balanced, which is one reason the debate has raged for so long. Along the way, he examines various experiments in public policy, from both sides, and finds little clear evidence for the practical effectiveness of any approach to gun safety and prosecution. Of course, he notes, most advocates of the right to keep and bear arms agree that it should be subject to reasonable regulation. Ultimately, Tushnet argues, our view of the Second Amendment reflects our sense of ourselves as a people. The answer to the debate will not be found in any holy writ, but in our values and our vision of the nation. This compact, incisive examination offers an honest and thoughtful guide to both sides of the argument, pointing the way to solutions that could calm, if not settle, this bitter dispute.

The Words That Made Us

Author : Akhil Reed Amar
Publisher : Basic Books
ISBN 13 : 0465096360
Total Pages : 816 pages
Book Rating : 4.4/5 (65 download)

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Book Synopsis The Words That Made Us by : Akhil Reed Amar

Download or read book The Words That Made Us written by Akhil Reed Amar and published by Basic Books. This book was released on 2021-05-04 with total page 816 pages. Available in PDF, EPUB and Kindle. Book excerpt: A history of the American Constitution's formative decades from a preeminent legal scholar When the US Constitution won popular approval in 1788, it was the culmination of thirty years of passionate argument over the nature of government. But ratification hardly ended the conversation. For the next half century, ordinary Americans and statesmen alike continued to wrestle with weighty questions in the halls of government and in the pages of newspapers. Should the nation's borders be expanded? Should America allow slavery to spread westward? What rights should Indian nations hold? What was the proper role of the judicial branch? In The Words that Made Us, Akhil Reed Amar unites history and law in a vivid narrative of the biggest constitutional questions early Americans confronted, and he expertly assesses the answers they offered. His account of the document's origins and consolidation is a guide for anyone seeking to properly understand America's Constitution today.

Free Speech in Its Forgotten Years, 1870-1920

Author : David M. Rabban
Publisher : Cambridge University Press
ISBN 13 : 9780521655378
Total Pages : 426 pages
Book Rating : 4.6/5 (553 download)

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Book Synopsis Free Speech in Its Forgotten Years, 1870-1920 by : David M. Rabban

Download or read book Free Speech in Its Forgotten Years, 1870-1920 written by David M. Rabban and published by Cambridge University Press. This book was released on 1997 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most American historians and legal scholars incorrectly assume that controversies and litigation about free speech began abruptly during World War I. However, there was substantial debate about free speech issues between the Civil War and World War I. Important free speech controversies, often involving the activities of sex reformers and labor unions, preceded the Espionage Act of 1917. Scores of legal cases presented free speech issues to Justices Holmes and Brandeis. A significant organization, the Free Speech League, became a principled defender of free expression two decades before the establishment of the ACLU in 1920. World War I produced a major transformation in American liberalism. Progressives who had viewed constitutional rights as barriers to needed social reforms came to appreciate the value of political dissent during its wartime repression. They subsequently misrepresented the prewar judicial hostility to free speech claims and obscured prior libertarian defenses of free speech based on commitments to individual autonomy.

Nothing to Hide

Author : Daniel J. Solove
Publisher : Yale University Press
ISBN 13 : 0300177259
Total Pages : 271 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis Nothing to Hide by : Daniel J. Solove

Download or read book Nothing to Hide written by Daniel J. Solove and published by Yale University Press. This book was released on 2011-05-31 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: "If you've got nothing to hide," many people say, "you shouldn't worry about government surveillance." Others argue that we must sacrifice privacy for security. But as Daniel J. Solove argues in this important book, these arguments and many others are flawed. They are based on mistaken views about what it means to protect privacy and the costs and benefits of doing so. The debate between privacy and security has been framed incorrectly as a zero-sum game in which we are forced to choose between one value and the other. Why can't we have both? In this concise and accessible book, Solove exposes the fallacies of many pro-security arguments that have skewed law and policy to favor security at the expense of privacy. Protecting privacy isn't fatal to security measures; it merely involves adequate oversight and regulation. Solove traces the history of the privacy-security debate from the Revolution to the present day. He explains how the law protects privacy and examines concerns with new technologies. He then points out the failings of our current system and offers specific remedies. Nothing to Hide makes a powerful and compelling case for reaching a better balance between privacy and security and reveals why doing so is essential to protect our freedom and democracy"--Jacket.

Painting Constitutional Law

Author : Renée Ater
Publisher : Legal History Library
ISBN 13 : 9789004364301
Total Pages : 272 pages
Book Rating : 4.3/5 (643 download)

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Book Synopsis Painting Constitutional Law by : Renée Ater

Download or read book Painting Constitutional Law written by Renée Ater and published by Legal History Library. This book was released on 2021 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--

The Constitution and Criminal Procedure

Author : Akhil Reed Amar
Publisher : Yale University Press
ISBN 13 : 9780300074888
Total Pages : 292 pages
Book Rating : 4.0/5 (748 download)

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Book Synopsis The Constitution and Criminal Procedure by : Akhil Reed Amar

Download or read book The Constitution and Criminal Procedure written by Akhil Reed Amar and published by Yale University Press. This book was released on 1997-01-01 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the banner of the Fourth, Fifth and Sixth Amendments, the Supreme Court of America has constitutionalized vast areas of criminal procedure law in ways that often reward the guilty whilst hurting the innocent. This book reconceptualizes the basic foundations of the criminal procedure field.

Reconstructing the Fourth Amendment

Author : Andrew E. Taslitz
Publisher : NYU Press
ISBN 13 : 0814782639
Total Pages : 377 pages
Book Rating : 4.8/5 (147 download)

DOWNLOAD NOW!

Book Synopsis Reconstructing the Fourth Amendment by : Andrew E. Taslitz

Download or read book Reconstructing the Fourth Amendment written by Andrew E. Taslitz and published by NYU Press. This book was released on 2006-10 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: The modern law of search and seizure permits warrantless searches that ruin the citizenry's trust in law enforcement, harms minorities, and embraces an individualistic notion of the rights that it protects, ignoring essential roles that properly-conceived protections of privacy, mobility, and property play in uniting Americans. Many believe the Fourth Amendment is a poor bulwark against state tyrannies, particularly during the War on Terror. Historical amnesia has obscured the Fourth Amendment's positive aspects, and Andrew E. Taslitz rescues its forgotten history in Reconstructing the Fourth Amendment, which includes two novel arguments. First, that the original Fourth Amendment of 1791—born in political struggle between the English and the colonists—served important political functions, particularly in regulating expressive political violence. Second, that the Amendment’s meaning changed when the Fourteenth Amendment was created to give teeth to outlawing slavery, and its focus shifted from primary emphasis on individualistic privacy notions as central to a white democratic polis to enhanced protections for group privacy, individual mobility, and property in a multi-racial republic. With an understanding of the historical roots of the Fourth Amendment, suggests Taslitz, we can upend negative assumptions of modern search and seizure law, and create new institutional approaches that give political voice to citizens and safeguard against unnecessary humiliation and dehumanization at the hands of the police.

The Reconstruction Amendments

Author : Kurt T. Lash
Publisher : University of Chicago Press
ISBN 13 : 022668895X
Total Pages : 705 pages
Book Rating : 4.2/5 (266 download)

DOWNLOAD NOW!

Book Synopsis The Reconstruction Amendments by : Kurt T. Lash

Download or read book The Reconstruction Amendments written by Kurt T. Lash and published by University of Chicago Press. This book was released on 2021-04-15 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The amendments to the U.S. Constitution passed in the aftermath of the Civil War not only abolished slavery but reshaped the reach of the Constitution. Kurt Lash has collected documents ranging campaign speeches and party platforms through personal diaries of leading (and obscure) figures, to the Confederate states' declarations of secession that help us understand the history and meaning of these critical amendments: the 13th (abolishing slavery), 14th (citizenship, due process, equal protection), and 15th (expands right to vote). This is a two-volume set: the first offers broad background, context, and themes ("The Ante-bellum Constitution"); and material related to the 13th Amendment, while the second volume covers the 14th and 15th Amendments, with the 14th on balance dominating the discussion due to its outsized importance and complexity"--