Hernández v. Mesa
Vol. 134 No. 1
In its landmark decision in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, the Supreme Court held that a federal agent’s...
Fourth Amendment
The Fiduciary Model of Privacy
Responding to David E. Pozen & Lina M. Khan, A Skeptical View of Information Fiduciaries
Response to A Skeptical View of Information Fiduciaries
Vol. 133 No. 9
United States v. Huskisson
Seventh Circuit Holds that Evidence Gathered Through an Unlawful Search of a Home May Be Admissible Under the Independent Source Doctrine Even if Tainted Evidence Is Described in the Warrant Application.
Vol. 133 No. 8
United States v. Cano
Ninth Circuit Limits the Scope of Warrantless Cell Phone Searches at the Border.
Vol. 133 No. 8
Atwater and the Misdemeanor Carceral State
Response to Abolition Constitutionalism
Vol. 133 No. 6
Introduction Mac was three years old and Anya was five when, sitting in the family car, they watched a police officer arrest their mother...
Kelsay v. Ernst
Eighth Circuit Grants Qualified Immunity to Officer Who Performed Takedown Maneuver on Nonviolent, Nonthreatening, Nonfleeing Misdemeanant.
Vol. 133 No. 5
Recent Case: United States v. Norris
The Fourth Amendment has long been understood to be an important source of constitutional protection of an individual’s right to privacy. The rise of...
Mitchell v. Wisconsin
Vol. 133 No. 1
Drunk driving, as the Supreme Court has repeatedly, emphatically made clear, poses a significant threat to public safety. To punish those who do drive...
The Border Search Muddle
Vol. 132 No. 8
Fourth Amendment originalism is hard. But if Fourth Amendment originalism has an easy case, the Supreme Court has sometimes suggested, that case is the...
Zadeh v. Robinson
Fifth Circuit Holds Medical Board Investigators Are Protected by Qualified Immunity in Warrantless Search of Records.
Vol. 132 No. 7