Reconstructing the Fourth Amendment
Reconstructing the Fourth Amendment

Author: Andrew E. Taslitz

Publisher: NYU Press

Published: 2009-03

Total Pages: 377

ISBN-13: 0814783260

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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.

Nineteenth Century Short Title Catalogue Extracted from the Catalogues of the Bodleian Library, the British Library, the Library of Trinity College (Dublin), the National Library of Scotland, and the University Libraries of Cambridge and Newcastle: Phase 1: 1816-1870. v.15. Fort - Fyv and Indexes for volumes 11-15. v.20. Hor-Hunt, W. R. and Indexes for v. 16-20. v.21. Hunten-Jero. v.22. Jerp-Kief. v.23. Kieg-Lecom. v.24. Lecon-Lorc. v.25. Lord-Maccaul and Indexes for volumes 21-25
Nineteenth Century Short Title Catalogue Extracted from the Catalogues of the Bodleian Library, the British Library, the Library of Trinity College (Dublin), the National Library of Scotland, and the University Libraries of Cambridge and Newcastle: Phase 1: 1816-1870. v.15. Fort - Fyv and Indexes for volumes 11-15. v.20. Hor-Hunt, W. R. and Indexes for v. 16-20. v.21. Hunten-Jero. v.22. Jerp-Kief. v.23. Kieg-Lecom. v.24. Lecon-Lorc. v.25. Lord-Maccaul and Indexes for volumes 21-25

Author:

Publisher:

Published: 1993

Total Pages: 626

ISBN-13:

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Mud, Blood, and Ghosts
Mud, Blood, and Ghosts

Author: Julie Carr

Publisher: U of Nebraska Press

Published: 2023-05

Total Pages: 437

ISBN-13: 1496235525

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Populism has become a global movement associated with nationalism and strong-man politicians, but its root causes remain elusive. Mud, Blood, and Ghosts exposes one deep root in the soil of the American Great Plains. Julie Carr traces her own family's history through archival documents to draw connections between U.S. agrarian populism, spiritualism, and eugenics, helping readers to understand populism's tendency toward racism and exclusion. Carr follows the story of her great-grandfather Omer Madison Kem, three-term Populist representative from Nebraska, avid spiritualist, and committed eugenicist, to explore persistent themes in U.S. history: property, personhood, exclusion, and belonging. While recent books have taken seriously the experiences of poor whites in rural America, they haven't traced the story to its origins. Carr connects Kem's journey with that of America's white establishment and its fury of nativism in the 1920s. Presenting crucial narratives of Indigenous resistance, interracial alliance and betrayal, radical feminism, lifelong hauntings, land policy, debt, shame, grief, and avarice from the Gilded Age through the Progressive Era, Carr asks whether we can embrace the Populists' profound hopes for a just economy while rejecting the barriers they set up around who was considered fully human, fully worthy of this dreamed society.

Justice Accused
Justice Accused

Author: Robert M. Cover

Publisher: Yale University Press

Published: 1975-01-01

Total Pages: 340

ISBN-13: 9780300032529

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What should a judge do when he must hand down a ruling based on a law that he considers unjust or oppressive? This question is examined through a series of problems concerning unjust law that arose with respect to slavery in nineteenth-century America. "Cover's book is splendid in many ways. His legal history and legal philosophy are both first class. . . . This is, for a change, an interdisciplinary work that is a credit to both disciplines."--Ronald Dworkin, Times Literary Supplement "Scholars should be grateful to Cover for his often brilliant illumination of tensions created in judges by changing eighteenth- and nineteenth-century jurisprudential attitudes and legal standards. . . An exciting adventure in interdisciplinary history."--Harold M. Hyman, American Historical Review "A most articulate, sophisticated, and learned defense of legal formalism. . . Deserves and needs to be widely read."--Don Roper, Journal of American History "An excellent illustration of the way in which a burning moral issue relates to the American judicial process. The book thus has both historical value and a very immediate importance."--Edwards A. Stettner, Annals of the American Academy of Political and Social Science "A really fine book, an important contribution to law and to history."--Louis H. Pollak