For the past several decades, the majority of courts and commentators have viewed the Ninth Amendment as a provision justifying judicial enforcement of unenumerated individual rights against state and federal abridgment. The most influential advocate of this libertarian reading of the Ninth Amendment has been Professor Randy Barnett, who has argued in a number of articles and books that the Ninth Amendment was originally understood as guarding unenumerated natural rights. Recently uncovered historical evidence, however, suggests that those who framed and ratified the Ninth Amendment understood it as a guardian of the retained right to local self-government. Recognizing the challenge this evidence poses to libertarian theories of the Ninth Amendment, Professor Barnett now argues that wha...
... terms and instead asserts, without explanation, that the phrase "other rights retained by the peo...
...He filed this suit seeking, on Second Amendment grounds, to enjoin the city from enforcing the bar...The Ninth Amendment uses very similar terminology ("The enum... not so much as a whisper" in Story's explanation of the Second Amendment that favors the individual...
... more compelling than the official explanation, which was simply that the amendment was enacted ".... (116.) The Third, Fifth, Sixth, and Ninth Circuits. . (117.) See United States v. Sanchez, 5...
Adding to the Fourth Amendment "reasonableness" debate, Professor Bellin argues that the Supreme Court should factor in a new variable-crime severity-to determine whether a search is reasonable. After advocating for its adoption, the article presents a framework for incorporating crime severity into Fourth Amendment doctrine.
... of cases that has limited the First Amendment protection applicable to labor-related speech in o.... The Court's most recent explanation for its different treatment of unions, as compared...[section] 152, Fourth, Ninth, Eleventh (2006). . (147.) 29 U.S.C. [section] 158...
The Supreme Court has held that an individual relinquishes any Fourth Amendment interest in information that he or she voluntarily discloses to a third party. Known as the "Third Party Doctrine," this controversial rule is increasingly problematic in an age where a large proportion of personal communications and transactions are carried out over the Internet. Internet users expose virtually all of the information they generate online-e-mails, web-surfing histories, search terms, and more-to online service providers. As such, many scholars have assumed that Internet information will be unprotected by the Fourth Amendment. Yet the information disclosed to these online third parties is generally not exposed to human beings at all; rather, it is processed entirely by automated equipment. Ne...
...Privacy 2. Sixth Amendment Right to Self-Representation 3. Ordered Liberty 4.... upon Christopher McCrudden's helpful explanation of the historical development of dignity as a lega... to the individual States under the Ninth and Tenth Amendments. But this does not mean that ...
... THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT . Syllabus. NOTE: Where it is feasible, a... Where the state-court decision has no explanation, the habeas petitioner must still show there was n... as the counsel guaranteed by the Sixth Amendment. Prejudice requiresdemonstrating "a reasonable pro...
... raised under the Fifth and Fourteenth Amendments concerning the admissibility of criminal defendant... the United States Court of Appeals for the Ninth Circuit: "It is an open secret long shared by pros...His explanation of this treatment was that the local police chief,...
... THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT . Syllabus. NOTE: Where it is feasible, a...This explanation confirms that counsel’s representation was adequ... counsel’s performance under the Sixth Amendment cannot be "contrary to" Fulminante, for Fulminante...
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