|Present||Associate Dean for Research & Scholarship, Touro College Jacob D. Fuchsberg Law Center|
|Present||Professor of Law, Touro College Jacob D. Fuchsberg Law Center|
Honors and Awards
- 2010 James Madison prize from the Society for History in the Federal Government for excellence in an article or essay that deals with any aspect of the federal government's history, for The Framers’ Search Power: The Misunderstood Statutory History of Suspicion & Probable Cause, 50 Boston College Law Review 363 (2009)
- Criminal Procedure
- Civil Procedure
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Central Islip, NY 11722
Discoverymania: Plausibility Pleading as Misprescription 80 Brook. L. Rev. 1487 (2015)
In replacing notice pleading with plausibility pleading, the Supreme Court chose to use a pleading solution to address a perceived discovery problem. This dissonance calls into question both the wisdom and legitimacy of the Court’s ...
Nuance, Technology, and the Fourth Amendment: A Response to Predictive Policing and Reasonable Suspicion 63 Emory L.J. Online 87 (2014)
In an engaging critique, Professor Arcila finds that Professor Ferguson is correct in that predictive policing will likely be incorporated into Fourth Amendment law and that it will alter reasonable suspicion determinations. But Professor Arcila ...
GPS Tracking Out of Fourth Amendment Dead Ends: United States v. Jones and the Katz Conundrum North Carolina Law Review (2012)
United States v. Jones, which reviewed the Fourth Amendment constitutionality of warrantless GPS tracking, may be the most important Fourth Amendment opinion since the Supreme Court decided Katz v. United States over four decades ago. ...
Suspicion and the Protection of Fourth Amendment Values 43 Tex. Tech. L. Rev. 237 (2010)
Suspicion is perhaps the core foundational principle through which we seek to protect and vindicate Fourth Amendment values. Fourth Amendment law could not be clearer, and repeats over and over again, that it proceeds from ...
The Death of Suspicion William & Mary Law Review (2010)
This article argues that neither the presumptive warrant requirement nor the presumptive suspicion requirement are correct. Though representative of the common law, they do not reflect the totality of our historic experience, which includes civil ...
The Framers’ Search Power: The Misunderstood Statutory History of Suspicion & Probable Cause Boston College Law Review (2009)
Originalist analyses of the Framers’ views about governmental search power have devoted insufficient attention to the civil search statutes they promulgated for regulatory purposes. What attention has been paid concludes that the Framers were divided ...
A Response to Professor Steinberg’s Fourth Amendment Chutzpah University of Pennsylvania Journal of Constitutional Law (2008)
Professor David Steinberg believes that the Fourth Amendment was intended only to provide some protection against physical searches of homes through imposition of a specific warrant requirement because the Framers' only object in promulgating the ...
In The Trenches: Searches & The Misunderstood Common Law History Of Suspicion & Probable Cause University of Pennsylvania Journal of Constitutional Law (2007)
A detailed analysis of the common law during the Framers’ era, and of how it reflected the Fourth Amendment’s restrictions, shows that many judges believed they could issue search warrants without independently assessing the adequacy ...
Special Needs & Special Deference: Suspicionless Civil Searches In The Modern Regulatory State Administrative Law Review (2004)
This Article examines the Supreme Court’s application of the "special needs" principle, which is part of its Fourth Amendment search and seizure jurisprudence, with an emphasis on suspicionless searches. It argues that both courts and ...