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6 - The Distribution of Dignity and the Fourth Amendment

Published online by Cambridge University Press:  05 March 2012

David Skeel
Affiliation:
University of Pennsylvania Law School
Carol Steiker
Affiliation:
Harvard Law School
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Summary

There is a great deal to admire about Bill Stuntz's work. It is smart, hardheaded, almost always surprising, and so right. I often find when I read his articles that I have a smile on my face. It is one of those expressions you find yourself making when thinking to yourself, “Man, I wish I wrote that.”

Of the many occasions I found myself thinking this while reading Bill's work, one is prominent. That occasion is the first time I read The Distribution of Fourth Amendment Privacy. There, Bill wrote the following:

There seems to be widespread agreement on the twin propositions that (1) Fourth Amendment law should protect privacy and (2) the protection should tend to increase as the privacy invasion increases.…These obvious propositions may be wrong.

Type
Chapter
Information
The Political Heart of Criminal Procedure
Essays on Themes of William J. Stuntz
, pp. 123 - 130
Publisher: Cambridge University Press
Print publication year: 2011

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References

Stuntz, William J.The Distribution of Fourth Amendment Privacy 67 1265 1998
Stuntz, William J.Race, Class and Drugs 98 1795 1998
Kahan, Dan M. 1998
Kahan, Dan M.Meares, Tracey L.The Coming Crisis of Criminal Procedure 86 1156 1997
Ely, John Hart 1980
Douglas, William O.Vagrancy and Arrest on Suspicion 70 1960
Stuntz, William J.Unequal Justice 121 1969 2008
Colb, Sherry F.Innocence, Privacy, and Targeting in Fourth Amendment Jurisprudence 96 1456 1996
Meares, Tracey L. 2011
Meares, Tracey L.Norms, Legitimacy and Law Enforcement 79 402 2002

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