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dc.creatorRosenthal, Lawrence
dc.date.accessioned2022-01-13T18:25:06Z
dc.date.available2022-01-13T18:25:06Z
dc.date.issued2010
dc.identifier.citationLawrence Rosenthal, Pragmatism, Originalism, Race, and the Case Against Terry v. Ohio, 43 Tex. Tech L. Rev. 299 (2010-2011)en_US
dc.identifier.urihttps://hdl.handle.net/2346/88760
dc.description.abstractPart I of the discussion that follows offers an account of urban crime over the past few decades and argues that there is a case to be made that Terry's regime of stop-and-frisk deserves a good deal of the credit for the reductions in violent crime that major cities have experienced in recent years. Part II contends that, in light of the conditions that prevail in urban America, framing-era experience offers little reliable guidance for assessing reasonableness within the meaning of the Fourth Amendment. Although the historical support for Terry's regime of stop-and-frisk is fairly debatable, framing-era judgments about stop-and-frisk were made in a context so dramatically different from contemporary urban law enforcement that they can offer no useful guide for assessing the constitutional mandate of reasonableness. Part III then turns to the pragmatic attacks on Terry. and contends that they undervalue the importance of Terry to saving lives in the inner city.en_US
dc.language.isoengen_US
dc.publisherTexas Tech Law Reviewen_US
dc.subjectTerry v. Ohioen_US
dc.subjectPragmatismen_US
dc.subjectOriginalismen_US
dc.subjectRaceen_US
dc.subjectTerry v. Ohio and the inner-city crime dropen_US
dc.subjectRecent trends in urban crimeen_US
dc.subjectCause of the crime riseen_US
dc.subjectRole of stop-and-frisk policing in the crime declineen_US
dc.subjectFourth Amendment originalism and the problem of changed circumstancesen_US
dc.subjectHistoricist critique of fourth amendment originalismen_US
dc.titlePragmatism, Originalism, Race, and the Case Against Terry v. Ohioen_US
dc.typeArticleen_US


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