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Article: The Fourth Amendment's third way.
- Article from:
- Harvard Law Review
- Article date:
- April 1, 2007
CopyrightCOPYRIGHT 2007 Harvard Law Review Association. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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I. INTRODUCTION: SEARCHING FOR CONTENT
Scholars agree on very little concerning the Fourth Amendment, but one of the few propositions that nearly everyone accepts is the almost incomparable incoherence of its doctrine. Professor Lloyd Weinreb calls the jurisprudence "shifting, vague, and anything but transparent." (1) Professor Akhil Amar criticizes it as "a vast jumble of judicial pronouncements that is not merely complex and contradictory, but often perverse." (2) Professor Anthony Amsterdam politely observes that "[f]or clarity and consistency, the law of the fourth amendment is not the Supreme Court's most successful product." (3)
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