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business, or situation would pay a willing seller to obtain property of like age and condition.” Id. at 956, 959 n.2. Although some courts applied the
Note argues for recognition of a right to privity as a freedom implied by the Fourth Amendment’s prohibition against unreasonable searches and
practical effect of such an approach is akin to holding that the challenged state action is not a search or seizure at all, as the Fourth Amendment affords
speaking Spanish as a primary or secondary language.” MILLER, supra note 37, at 16. Worried about adminis- trative burden, the court allowed an amended
are by Akhil Amar, in a recent book titled America’s Unwritten Constitution;by Jed Shugerman, in an article arguing for a supermajority rule;and by
Amendment claims of cruel and unusual punishment, which in actions against a state are applied through the Fourteenth Amendment.35 To state an Eighth
unusual punishment, which in actions against a state are applied through the Fourteenth Amendment.35 To state an Eighth Amendment claim connected to
method of achieving a kind of moral justice. These schools of thought are antagonistic and each levels an effective critique against the other. Part
because a police officer arguably has both a duty as a citizen and a duty as an employee to provide truthful testimony about information learned on the