Criminal Procedure

Disentangling the Ethical and Constitutional Regulation of Criminal Discovery

June 15, 2018

In recent years, scholars have urged courts to be cautious when transporting constitutional precedent from one remedial context to another. So, for example, a decision shielding an officer from civil liability for an unreasonable search on the ground that the search did not violate “clearly established” law should not necessarily resolve the separate question whether…

Justin Murray & John Greabe

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