Social Norms in Fourth Amendment Law
نویسندگان
چکیده
Courts often look to existing social norms resolve difficult questions in Fourth Amendment law. In theory, these can provide an objective basis for courts’ constitutional decisions, grounding law familiar societal attitudes and beliefs. reality, however, shift rapidly, are constantly being contested, frequently reflect outmoded discriminatory concepts. This Article draws on contemporary sociological literatures technology reveal how reliance leads several identifiable errors jurisprudence. assessing generally adopt what we call the closure principle, or idea that be permanently settled. Meanwhile, courts confronting new technologies nonintervention should refrain from addressing implications of surveillance practices until relevant become clear. Both approaches flawed, they have substantial negative effects equality privacy. By adopting perceived as closed, may embed antiquated law—norms involve discrimination race, gender, class. declining intervene when undeveloped, cede power over norm creation companies design based data-extractive business models. Further, judicial facilitate creep, extension data-gathering infrastructures types surveillance. provides, first time, a full, critical account role It details challenges virtually every aspect And it explores potential directions law, including novel doctrinal paradigms, different conceptions stare decisis context, alternative institutional regimes regulating government
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ژورنال
عنوان ژورنال: Michigan Law Review
سال: 2021
ISSN: ['1939-8557', '0026-2234']
DOI: https://doi.org/10.36644/mlr.120.2.social