Double Reasonableness and the Fourth Amendment

Recently the Supreme Court has placed new limits on both the substance of the Fourth Amendment and the exclusionary that serves as the principal remedy for Fourth Amendment violations. In this Article we briefly summarize these limitations and then argue that the curtailment of the exclusionary rule has the potential to ameliorate substantive Fourth Amendment doctrine. The limited reach of the modern exclusionary rule provides the Court with license to develop an expansive new substantive framework free of the specter of a correspondingly expansive remedial framework. One point on which nearly all jurists and commentators agree is that current Fourth Amendment doctrine is a mess. We argue that the Court’s exclusionary rule cases, while frustrating and ill-conceived if viewed in isolation, provide the Court with an opportunity to revisit problematic Fourth Amendment doctrine that was born under a very different remedial regime. Such an approach would allow the Court to adhere to its current view of the exclusionary rule as a remedy of last resort while creating a Fourth Amendment with teeth. The goal is a Fourth Amendment right that is more substantial and clearly defined, but a remedy that remains limited to egregious violations of clear substantive rules. The time is now to lift the Fourth Amendment fog.

One of Us: Joseph Conrad's Under Western Eyes and A Personal Record

Author: Torgeir Ehler Title: One of Us: Joseph Conrad's Under Western Eyes and A Personal Record Advisor: Jan Gorak Degree Date: June 2009 Abstract This present work explores the relationship of Joseph Conrad's status as a Polish exile to his creative and biographical work. Its main focus is on the tandem publications of the novel Under Western Eyes and his autobiographical volume A Personal Record, both published within a year of each other and written contemporaneously. The first chapter is a short biographical survey of Conrad's life and addresses some later biographical works by his wife, among others. An overview of critical works that deal with Under Western Eyes is presented in the second chapter. An investigation into narrative structure and its use in creating a heteroglossic text is investigated in the third chapter. How this strategy reflects Conrad's personal stake in the novel and how the novel and its creation affected the author's ability to cope with his own homo-duplex geographies is also addressed herein. The fourth chapter then concerns itself with Conrad's attempt to create a truly heteroglossic, autobiographically based persona for public consumption in Britain, while keeping true to his function as a `cultural bridge'. An early effort at communicating the exile's predicament and failure to bridge the cultural divide in the story `Amy Foster' is taken up in the fifth and final chapter. The legacy of Conrad's effort is also discussed herein as relevant to the work of Milan Kundera and Erich Maria Remarque.