Articles

America's First Wiretapping Controversy in Context and As Context, Hamline Law Review (2011)
 

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Material Witness Detentions After Al-Kidd, Kentucky Law Journal -- Forthcoming (2011)

The Supreme Court’s decision in Ashcroft v. al-Kidd was a tempest in a teapot. The...

 

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The Modern History of Probable Cause, Tennessee Law Review (2011)

It is frequently assumed that probable cause, roughly as we understand it today, has, since...

 

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The Neglected History of Criminal Procedure, 1850-1940, Rutgers Law Review (2010)

Originalism has focused the attention of courts and academics on Framing Era history to interpret...

 

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Portland, Prohibition and Probable Cause: Maine's Role in Shaping Modern Criminal Procedure, Maine Bar Journal (2008)

At the time the Constitution was written, police officers had very little power. In most...

 

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Dred Scott and the Political Question Doctrine, Widener Law Journal (2007)
 

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Magistrates’ Examinations, Police Interrogations, and Miranda—Like Warnings in the Nineteenth Century, Tulane Law Review (2007)

The New York legislature in the early-nineteenth century began to require interrogators to warn suspects...

 

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The Rise and Fall of Material Witness Detention in Nineteenth Century New York, New York University Journal of Law and Liberty (2005)
 
Toward a Better Categorical Balance of the Costs and Benefits of the Exclusionary Rule, Buffalo Criminal Law Review (2005)
 
A Round Peg in a Square Hole: Federal Forfeiture of State Professional Licenses, American Journal of Criminal Law (2001)
 
With an Evil Eye and an Unequal Hand: Pretextual Stops and Doctrinal Remedies to Racial Profiling, Tulane Law Review (2000)
 

Popular Press

Editorial, Here’s Why I Was a Campaign Volunteer, Patriot News (Harrisburg, PA) (2008)
 
Editorial, How Iowa Does It: Caucusing, Unlike Voting Takes Time—Some Caucuses Continue for Hours, Patriot News (Harrisburg, PA) (2007)
 
Editorial, Iowans are Serious About Caucus Process, Patriot News (Harrisburg, PA) (2007)
 
Editorial, Recordings Can Protect Those Secretly Taped, Patriot News (Harrisburg, PA) (2007)
 
Editorial, Rulings Lose Track of Innocent, Patriot News (Harrisburg, PA) (2007)
 

Other

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Brief of Amicus Curiae Wesley MacNeil Oliver in Support of the Petition for Writ of Certiorari (2010)

The United States Court of Appeals for the Ninth Circuit recently held that a lawsuit...