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Reconstructing The Fourth Amendment
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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.
Book Synopsis The Fourth Amendment by : Dean Galiano
Download or read book The Fourth Amendment written by Dean Galiano and published by The Rosen Publishing Group, Inc. This book was released on 2011-01-15 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an introduction to the Fourth Amendment which empowers the people as it guarantees interdiction of unreasonable search and seizure.
Book Synopsis The Fourth Amendment by : Thomas K. Clancy
Download or read book The Fourth Amendment written by Thomas K. Clancy and published by . This book was released on 2008 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt: A July 2012 supplement of the book is available at this link (updated July 6, 2012). Due to the thousands of daily governmental intrusions -- such as airport checks, traffic stops, drug testing, obtaining of digital evidence, traditional criminal law enforcement practices and regulatory inspections -- the Fourth Amendment is the most commonly implicated and litigated part of our Constitution. This treatise comprehensively treats United States Supreme Court caselaw and takes a structural approach to the Fourth Amendment, addressing foundational questions, such as: What is a search? What is a seizure? What does the Amendment protect? Who does it protect? When is it satisfied? When does the exclusionary rule apply? The treatise is organized by topic so a reader can have ready access to current doctrine and is able to examine in additional sections how current doctrine developed. The historical events and the Court's development of search and seizure principles provide context to, and perspective on, current doctrine.
Book Synopsis The Fourth Amendment by : Charles M. Wetterer
Download or read book The Fourth Amendment written by Charles M. Wetterer and published by . This book was released on 1998 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at the rights against unreasonable search and seizure granted to United States citizens under the Fourth Amendment to the Constitution. The author provides historical context and descriptions of the people involved in the passage of this important amendment. Examples showing how the Fourth Amendment is applied in today's modern technological society are provided.
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.
Book Synopsis Unreasonable Search and Seizure by : Hallie Murray
Download or read book Unreasonable Search and Seizure written by Hallie Murray and published by Enslow Publishing, LLC. This book was released on 2017-07-15 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some people believe that the USA PATRIOT Act and Homeland Security Act, passed after the 9/11 terrorist attacks, violate the Fourth Amendment, which guarantees that US citizens have the right to be secure in their persons, houses, papers, and belongings against unreasonable searches and seizures. Through full-color and black-and-white photos, engaging text, and primary sources, this book examines the events leading up to the creation and ratification of the Fourth Amendment and its impact on modern American life, including how the Supreme Court must balance the rights of the individual against the needs of the government to keep the nation safe and how technological advances affect our privacy. Sidebars, a list of all ten Bill of Rights, and a glossary are also included.
Book Synopsis The Evolution of the Fourth Amendment by : Thomas McInnis
Download or read book The Evolution of the Fourth Amendment written by Thomas McInnis and published by Lexington Books. This book was released on 2010-09 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains the different approaches to interpreting the Fourth Amendment that the Supreme Court has used throughout American history, concentrating on the changes in interpretation since the Court applied the exclusionary rule to the states in 1961. It examines the evolution of the warrant rule and the exceptions to it, the reasonableness approach, the special needs approach, individual and society expectations of privacy, and the role of the exclusionary rule.
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 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the Pulitzer Prize–winning scholar, a timely history of the constitutional changes that built equality into the nation’s foundation and how those guarantees have been shaken over time. The Declaration of Independence announced equality as an American ideal, but it took the Civil War and the subsequent adoption of three constitutional amendments to establish that ideal as American law. The Reconstruction amendments abolished slavery, guaranteed all persons due process and equal protection of the law, and equipped black men with the right to vote. They established the principle of birthright citizenship and guaranteed the privileges and immunities of all citizens. The federal government, not the states, was charged with enforcement, reversing the priority of the original Constitution and the Bill of Rights. In grafting the principle of equality onto the Constitution, these revolutionary changes marked the second founding of the United States. Eric Foner’s compact, insightful history traces the arc of these pivotal amendments from their dramatic origins in pre–Civil War mass meetings of African-American “colored citizens” and in Republican party politics to their virtual nullification in the late nineteenth century. A series of momentous decisions by the Supreme Court narrowed the rights guaranteed in the amendments, while the states actively undermined them. The Jim Crow system was the result. Again today there are serious political challenges to birthright citizenship, voting rights, due process, and equal protection of the law. Like all great works of history, this one informs our understanding of the present as well as the past: knowledge and vigilance are always necessary to secure our basic rights.
Book Synopsis Encyclopedia of the Fourth Amendment by : John R. Vile
Download or read book Encyclopedia of the Fourth Amendment written by John R. Vile and published by CQ Press. This book was released on 2013 with total page 929 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides a unique overview for individuals seeking to understand the Fourth Amendment to the U.S. Constitution. It covers key concepts, events, laws and legal doctrines, court decisions, and litigators and litigants regarding the law of search and seizure.
Book Synopsis Search and Seizure by : Wayne R. LaFave
Download or read book Search and Seizure written by Wayne R. LaFave and published by . This book was released on 1978 with total page 1152 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Advances in Psychology and Law by : Monica K. Miller
Download or read book Advances in Psychology and Law written by Monica K. Miller and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis Injustice for All by : Priscilla Machado Zotti
Download or read book Injustice for All written by Priscilla Machado Zotti and published by Peter Lang. This book was released on 2005 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: With its original documents and extensive interviews, Injustice for All is an authentic voice for civil liberties and change and the consequences that result. The book details the historical, legal, and political significance of the famous search-and-seizure case Mapp v. Ohio. From the underworld of gambling in 1960s Cleveland to the chambers of the Warren Court justices, the obscenity case becomes the vehicle for implementing the exclusionary rule. Dollree Mapp, the police who searched her, and all the major participants are followed throughout the investigation. The private papers of the justices reveal the inner workings of the nation's highest court. This book is essential for anyone interested in civil liberties and the processes of government as well as students of criminal justice and constitutional law.
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 1998-01-01 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: A professor of Constitutional law at Yale analyzes the history and meaning of each clause of the original Bill of Rights and shows how a later generation of abolitionists profoundly changed the Bill into the one Americans know today. History Bk Club. UP.
Book Synopsis Enforcing the Fourth Amendment by : Bradford P. Wilson
Download or read book Enforcing the Fourth Amendment written by Bradford P. Wilson and published by Taylor & Francis. This book was released on 1986 with total page 131 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
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 176 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.
