Friday, September 26, 2014
Miriam H. Baer (Brooklyn Law School) has posted Secrecy, Intimacy and Workable Rules: Justice Sotomayor Stakes Out the Middle in United States V. Jones (123 Yale Law Journal Forum 323) on SSRN. Here is the abstract:
This Essay was written for the Yale Law Journal Forum’s symposium, The Early Jurisprudence of Justice Sotomayor. The Essay analyzes Justice Sotomayor’s already oft-discussed concurrence in United States v. Jones, which exemplifies her attempt to stake out a “middle ground” approach to Fourth Amendment debates over surveillance and technology, and foregrounds intimacy and common-sense rules as guiding principles.