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New law review article: "The Inviolate Home...."

By John Wesley Hall, Jr.

The Inviolate Home: Housing Exceptionalism in the Fourth Amendment by Stephanie Stern of Chicago-Kent College of Law to be published in Cornell Law Review, Vol. 95, 2010. Abstract: The ideal of the inviolate home dominates the Fourth Amendment. The case law accords stricter protection to residential search and seizure than to many other privacy incursions. The focus on protection of the physical home has decreased doctrinal efficiency and coherence and derailed Fourth Amendment residential privacy from the core principle of intimate association. This Article challenges Fourth Amendment housing exceptionalism. Specifically, I critique two hallmarks of housing exceptionalism: first, the extension of protection to residential spaces unlikely to shelter intimate association or implicate other key privacy interests; and second, the prohibition of searches that impinge on core living spaces but do not harm interpersonal and domestic privacy...continue to full post

Full post as published by Fourth Amendment on June 01, 2010 (boomark / email).