More Essential Than Ever The Fourth Amendment in the TwentyFirst Century (Audible Audio Edition) Stephen J Schulhofer Ken Maxon Audible Studios Books
Download As PDF : More Essential Than Ever The Fourth Amendment in the TwentyFirst Century (Audible Audio Edition) Stephen J Schulhofer Ken Maxon Audible Studios Books
When the states ratified the Bill of Rights in the 18th century, the Fourth Amendment seemed straightforward. It requires that government respect the right of citizens to be "secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." Of course, "papers and effects" are now digital and thus more vulnerable to government spying. But the biggest threat may be our own weakening resolve to preserve our privacy.
In this potent new volume in Oxford's Inalienable Rights series, legal expert Stephen J. Schulhofer argues that the Fourth Amendment remains, as the title says, more essential than ever. From data-mining to airport body scans, drug testing and aggressive police patrolling on the streets, privacy is under assault as never before - and we're simply getting used to it. But the trend is threatening the pillars of democracy itself, Schulhofer maintains. "Government surveillance may not worry the average citizen who reads best-selling books, practices a widely accepted religion, and adheres to middle-of-the-road political views," he writes. But surveillance weighs on minorities, dissenters, and unorthodox thinkers, "chilling their freedom to read what they choose, to say what they think, and to associate with others who are like-minded." All of us are affected, he adds. "When unrestricted search and surveillance powers chill speech and religion, inhibit gossip, and dampen creativity, they undermine politics and impoverish social life for everyone." Schulhofer offers a rich account of the history and nuances of Fourth Amendment protections, as he examines such issues as street stops, racial profiling, electronic surveillance, data aggregation, and the demands of national security. The Fourth Amendment, he reminds us, explicitly authorizes invasions of privacy - but it requires justification and accountability, requirements that reconcile public safety with liberty.
Combining a detailed knowledge of specific cases with a deep grasp of Constitutional law, More Essential than Ever offers a sophisticated and thoughtful perspective on this important debate.
More Essential Than Ever The Fourth Amendment in the TwentyFirst Century (Audible Audio Edition) Stephen J Schulhofer Ken Maxon Audible Studios Books
Stephen Schulhofer, a distinguished author and professor of law at NYU, has written six books and dozens of articles on a large variety of topics—from battered spouse syndrome to national security secrecy to unwanted sex. He writes in an approachable manner, not looking to overwhelm the casual or uninformed reader with an extensive or an in depth analysis of any one particular case or topic. Instead he surveys cases related to each application of 4th amendment (searches, arrests, policing the public space, wiretapping, national security, and others), looking to inform the reader on the respective rights of an American citizen (and how they have been repeatedly challenged).Organization of the book varies, focusing on a chronological approach but appropriately shifting into a topical delimitation in order to give a more rounded view of specific issues. He begins with a brief history of the fourth amendment, paying special attention to the reasoning behind its inception. After his application-specific analysis (mentioned above) he ends by tackling the national security challenge to privacy.
My greatest takeaway from the book was his assertion that the newer technologies (emails, social networking, phone calls by digital transmission, etc…) remain completely vulnerable to government surveillance (no court case has upheld the 4th in relation to digital wiretapping yet).
In the matter of opinion, Schulhofer supports the adaptive originalist approach to interpreting the constitution, suggesting that its focus on principles rather than rules will be enough to protect both our privacy and our safety. He argues against those who say privacy and safety stand in opposition to each other, instead suggesting that the powers awarded to the government from FISA from the Patriot Act may be doing more harm than good.
I loved reading about the issues and cases that Schulhofer presents, and truly appreciate his introduction to 4th amendment disputes. However, that is just what this book is—an introduction. Take his opinions with a grain of salt, as he often fails to portray the opposing views in their full measure. It left me hungry for more information, more knowledge, and more point of views. I recommend the book, but would not cite it as an authority that can stand alone.
Product details
|
Tags : Amazon.com: More Essential Than Ever : The Fourth Amendment in the Twenty-First Century (Audible Audio Edition): Stephen J. Schulhofer, Ken Maxon, Audible Studios: Books, ,Stephen J. Schulhofer, Ken Maxon, Audible Studios,More Essential Than Ever : The Fourth Amendment in the Twenty-First Century,Audible Studios,B00CPRGGSQ
People also read other books :
- How To Make Movies Money Manual Bobby M Peoples Sr Books
- Seducing the Bridesmaid Wedding Dare series Book 3 edition by Katee Robert Contemporary Romance eBooks
- Historic Preservation Handbook A Guide for Volunteers Classic Reprint Georgia Department of Natural Resources 9781334231667 Books
- My Dog Does That! Elizabeth Parker 9781463698812 Books
- Will Rogers Discovering the Soul of America eBook E T Cy Eberhart Bruce Johansen
More Essential Than Ever The Fourth Amendment in the TwentyFirst Century (Audible Audio Edition) Stephen J Schulhofer Ken Maxon Audible Studios Books Reviews
Basic overview, wish it dove deeper into current and future issues. Doesn't look beyond the Supreme Court to see the future.
An excellent concise summary of the 4th amendment and its meaning in the 21st century. Provides good references to cases and precedents.
Presented specific applications of the increased use of the protections afforded me.
Very useful in writing Memorandums for case, and as a point in open court.
The cites as stated, with case history are extremely beneficial.
I am, so encouraged by this book, and it's content that I am ordering the book as gifts,
first to my family, and secondly to my clients as a learning aid, and tool.
Please feel free to contact me for more detailed application in the use of the information,
particularly in foreclosure-defense, debt-defense, and more.
One last note, this book is a must in NON-JUDICIAL STATES.
Robert G. Deardorff Email rgd53@hotmail.com
Odds are that if you will take the time to read this brief little book, you don't need persuading that the Fourth Amendment is important. Another in a series of short works on the Constitution published by Oxford University Press's Inalienable Rights Series, Stephen Schulhofer's book does a good job of dissecting the Supreme Court's current Fourth Amendment jurisprudence. His conclusion is depressing the Court seems all too willing to yield to Government. The result is a Fourth Amendment unmoored from traditional concerns with checking government power and holding law enforcement accountable.
Schulhofer argues in favor of what insiders might call a "living constitution." Yes, the intentions of the framer's matter, but what is important is deciding what principles mattered to them, not what they had in fact decided in the context of their times. Of course, Schulhofer is right.
The aim of the Fourth Amendment is to create "sheltered space" for individuals to set their own course in life. A government too intrusive kills the spirit of inquiry and dissent. If "sheltered Space" sounds a little too new age for you, understand Schulhofer's point He wants to avoid casting the Fourth Amendment in terms of privacy or autonomy. While these are certainly important Fourth Amendment values, the primary focus of the Fourth Amendment is to serve as a check on government power. This distinction matters because in our time there is little left of privacy, given the fact that our lives are lived increasingly in an electronic world owned and managed by third-parties.
I also liked Schulhofer's rebuked of Richard Posner, and the chorus of those who argue that we must trade liberty for security. Why?, asks Schulhofer. Creating a surveillance society doesn't necessarily make us safer. Indeed, he argues, it makes us less safe, both because it focuses on the wrong things, and because it fosters distrust of government.
I like the book, but I am not sure how many Shulhofer's are left out there. Juries seem increasingly willing to swallow whatever bait the government dangles at trial, and the judiciary seems in wholesale retreat from a robust interpretation of the Fourth Amendment. Perhaps, I wondered as I read this book, the American constitutional experiment has already failed, and we have just not registered the reality of the failure yet.
Even so, I recommend this book to anyone who wants a quick tour of what's at stake in the current Fourth Amendment wars. It may be that civil libertarians have already lost the war. But for those who chose to continue to fight, it is a useful resource, and a rallying cry.
Stephen Schulhofer, a distinguished author and professor of law at NYU, has written six books and dozens of articles on a large variety of topics—from battered spouse syndrome to national security secrecy to unwanted sex. He writes in an approachable manner, not looking to overwhelm the casual or uninformed reader with an extensive or an in depth analysis of any one particular case or topic. Instead he surveys cases related to each application of 4th amendment (searches, arrests, policing the public space, wiretapping, national security, and others), looking to inform the reader on the respective rights of an American citizen (and how they have been repeatedly challenged).
Organization of the book varies, focusing on a chronological approach but appropriately shifting into a topical delimitation in order to give a more rounded view of specific issues. He begins with a brief history of the fourth amendment, paying special attention to the reasoning behind its inception. After his application-specific analysis (mentioned above) he ends by tackling the national security challenge to privacy.
My greatest takeaway from the book was his assertion that the newer technologies (emails, social networking, phone calls by digital transmission, etc…) remain completely vulnerable to government surveillance (no court case has upheld the 4th in relation to digital wiretapping yet).
In the matter of opinion, Schulhofer supports the adaptive originalist approach to interpreting the constitution, suggesting that its focus on principles rather than rules will be enough to protect both our privacy and our safety. He argues against those who say privacy and safety stand in opposition to each other, instead suggesting that the powers awarded to the government from FISA from the Patriot Act may be doing more harm than good.
I loved reading about the issues and cases that Schulhofer presents, and truly appreciate his introduction to 4th amendment disputes. However, that is just what this book is—an introduction. Take his opinions with a grain of salt, as he often fails to portray the opposing views in their full measure. It left me hungry for more information, more knowledge, and more point of views. I recommend the book, but would not cite it as an authority that can stand alone.
0 Response to "≡ Libro Free More Essential Than Ever The Fourth Amendment in the TwentyFirst Century (Audible Audio Edition) Stephen J Schulhofer Ken Maxon Audible Studios Books"
Post a Comment