First Amendment Doctrine and the Burger Court

Recuperating First Amendment Doctrine

The First Amendment Doctrine of Underbreadth

Reconciling Theory and Doctrine in First Amendment Jurisprudence

The Fourth Amendment Third-Party Doctrine

In the 1970s, the Supreme Court handed down Smith v. Maryland and United States v. Miller, two of the most important Fourth Amendment decisions of the 20 th century. In these cases, the Court held that people are not entitled to an expectation of privacy in information they voluntarily provide to third parties. This legal proposition, known as the third-party doctrine, permits the government ac...

RELIGIOUS MINORITIES AND THE FIRST AMENDMENT : THE HISTORY , THE DOCTRINE , AND THE FUTURE Stephen

Progressive or liberal constitutional scholars who focus on religious freedom have not been pleased with the Rehnquist Court.' For more than a decade, it seems, the Court has been handing down decisions that have twisted the Free Exercise and Establishment Clauses in an unduly conservative direction. Most notably, Employment Division v. Smith radically transformed free exercise doctrine, while ...