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• TEXTUALISM'S MISTAKE.

  From:Harvard Law Review (Vol. 135, Issue 3)

  Jan. 202211,006 words Article 1720LIn 1920, seventeen-year-old Salvatore Eugene Scalia arrived in the United States from Italy with his family. (1) He picked up English quickly and decided to pursue a career in academia studying Romance languages. He got...

• CONSTITUTIONAL OFF-LOADING AT THE CITY LIMITS.

  Author:Sarah L. SwanFrom:Harvard Law Review (Vol. 135, Issue 3)

  Jan. 202225,868 words Article 2020LThe most constitutionally divisive issues in the United States today often play out literally on the ground, in the realm of land use. For instance, towns that have proclaimed themselves to be "sanctuary cities for the...

• CRIMINAL PROCEDURE - FOURTH AMENDMENT - SEVENTH CIRCUIT HOLDS LONG-TERM, WARRANTLESS VIDEO SURVEILLANCE IS NOT AN ILLEGAL SEARCH.

  From:Harvard Law Review (Vol. 135, Issue 3)

  Jan. 20223,988 words Case note 2120LCriminal Procedure--Fourth Amendment--Seventh Circuit Holds Long-Term, Warrantless Video Surveillance Is Not an Illegal Search.--United States v. Tuggle, 4 F.4th 505 (7th Cir. 2021). Digital cameras are cheaper,...

• ORIGINALISM: STANDARD AND PROCEDURE.

  Author:Stephen E. SachsFrom:Harvard Law Review (Vol. 135, Issue 3)

  Jan. 202224,708 words Article 1660LOriginalism is often promoted as a better way of getting constitutional answers. That claim leads to disappointment when the answers prove hard to find. To borrow a distinction from philosophy, originalism is better...

• CRIMINAL LAW - MONEY BAIL - CALIFORNIA SUPREME COURT HOLDS DETENTION SOLELY BECAUSE OF INABILITY TO PAY BAIL UNCONSTITUTIONAL.

  From:Harvard Law Review (Vol. 135, Issue 3)

  Jan. 20224,199 words Case note 2170LCriminal Law--Money Bail--California Supreme Court Holds Detention Solely Because of Inability to Pay Bail Unconstitutional.--In re Humphrey, 482 P.3d 1008 (Cal. 2021). Across the nation, people are arrested and...

• CONSTITUTIONAL LAW - FOURTH AMENDMENT - FOURTH CIRCUIT HOLDS WARRANTLESS ACCESS OF AERIAL SURVEILLANCE DATA UNCONSTITUTIONAL.

  From:Harvard Law Review (Vol. 135, Issue 3)

  Jan. 20223,753 words Case note 2260LConstitutional Law--Fourth Amendment--Fourth Circuit Holds Warrantless Access of Aerial Surveillance Data Unconstitutional.--Leaders of a Beautiful Struggle v. Baltimore Police Department, 2 F.4th 330 (4th Cir. 2021)....