- Series: Inalienable Rights
- Hardcover: 216 pages
- Publisher: Oxford University Press; 1 edition (August 6, 2012)
- Language: English
- ISBN-10: 0195392124
- ISBN-13: 978-0195392128
- Product Dimensions: 8.4 x 0.9 x 5.8 inches
- Shipping Weight: 12.8 ounces (View shipping rates and policies)
- Average Customer Review: 5 customer reviews
- Amazon Best Sellers Rank: #728,352 in Books (See Top 100 in Books)
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More Essential than Ever: The Fourth Amendment in the Twenty First Century (Inalienable Rights) 1st Edition
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"This book is a gem-an astonishingly concise education in Fourth Amendment issues without shortcuts. Stephen Schulhofer's simple, clear, engaging prose, his extraordinary insight, and his great good sense make the journey enlightening as well as alarming. Well before the end, one understands why rapidly changing technology and the threat of terrorism do not justify the slackening of Fourth Amendment protections that recent decisions have approved." --Albert W. Alschuler. Julius Kreeger Professor of Criminal Law and Criminology, Emeritus, The University of Chicago
"Stephen Schulhofer offers an indispensable, lucid, and much-needed defense of the Fourth Amendment, providing compelling responses to those who claim that privacy is dead, that if we have nothing to hide we have nothing to fear, and that the Fourth Amendment protects only criminals. He persuasively demonstrates that the Fourth Amendment's protection remains essential to a robust liberal democracy in the Facebook and Google era." --David Cole, Professor of Law, Georgetown Law School
"Stephen Schulhofer spells out why the Fourth Amendment's protections from unwarranted government surveillance are as important as freedom of speech when it comes to liberties essential to sustain a democratic society. He makes a powerful case that too often we have permitted law enforcement powers to expand while leaving individuals with 'only the protective shields that sufficed in the eighteenth century.' He does an outstanding job debunking the widely held assumption that there is-and must be-a 'trade-off' between liberty and security. And he does so clearly, crisply and stylishly." --Yale Kamisar, Clarence Darrow Distinguished University Professor Emeritus of Law, University of Michigan
"...provides a compelling case-based analysis for returning to the principles and values embedded in the Bill of Rights." --Political Science Quarterly
"Stephen Schulhofer's More Essential Than Ever takes a broad approach. Written for both a lay audience and the student of Fourth Amendment jurisprudence, it tackles a range of Fourth Amendment issues, from the origins of the Fourth Amendment to the challenges we face in balancing the Fourth Amendment protections against national security interests... Well written and informative." --Tulsa Law Review
About the Author
Stephen J. Schulhofer is Robert B. McKay Professor of Law at the New York University School of Law. His books include Rethinking the Patriot Act, The Enemy Within, and Unwanted Sex.
Top customer reviews
Organization of the book varies, focusing on a chronological approach but appropriately shifting into a topical delimitation in order to give a more rounded view of specific issues. He begins with a brief history of the fourth amendment, paying special attention to the reasoning behind its inception. After his application-specific analysis (mentioned above) he ends by tackling the national security challenge to privacy.
My greatest takeaway from the book was his assertion that the newer technologies (emails, social networking, phone calls by digital transmission, etc…) remain completely vulnerable to government surveillance (no court case has upheld the 4th in relation to digital wiretapping yet).
In the matter of opinion, Schulhofer supports the adaptive originalist approach to interpreting the constitution, suggesting that its focus on principles rather than rules will be enough to protect both our privacy and our safety. He argues against those who say privacy and safety stand in opposition to each other, instead suggesting that the powers awarded to the government from FISA from the Patriot Act may be doing more harm than good.
I loved reading about the issues and cases that Schulhofer presents, and truly appreciate his introduction to 4th amendment disputes. However, that is just what this book is—an introduction. Take his opinions with a grain of salt, as he often fails to portray the opposing views in their full measure. It left me hungry for more information, more knowledge, and more point of views. I recommend the book, but would not cite it as an authority that can stand alone.
Schulhofer argues in favor of what insiders might call a "living constitution." Yes, the intentions of the framer's matter, but what is important is deciding what principles mattered to them, not what they had in fact decided in the context of their times. Of course, Schulhofer is right.
The aim of the Fourth Amendment is to create "sheltered space" for individuals to set their own course in life. A government too intrusive kills the spirit of inquiry and dissent. If "sheltered Space" sounds a little too new age for you, understand Schulhofer's point: He wants to avoid casting the Fourth Amendment in terms of privacy or autonomy. While these are certainly important Fourth Amendment values, the primary focus of the Fourth Amendment is to serve as a check on government power. This distinction matters because in our time there is little left of privacy, given the fact that our lives are lived increasingly in an electronic world owned and managed by third-parties.
I also liked Schulhofer's rebuked of Richard Posner, and the chorus of those who argue that we must trade liberty for security. Why?, asks Schulhofer. Creating a surveillance society doesn't necessarily make us safer. Indeed, he argues, it makes us less safe, both because it focuses on the wrong things, and because it fosters distrust of government.
I like the book, but I am not sure how many Shulhofer's are left out there. Juries seem increasingly willing to swallow whatever bait the government dangles at trial, and the judiciary seems in wholesale retreat from a robust interpretation of the Fourth Amendment. Perhaps, I wondered as I read this book, the American constitutional experiment has already failed, and we have just not registered the reality of the failure yet.
Even so, I recommend this book to anyone who wants a quick tour of what's at stake in the current Fourth Amendment wars. It may be that civil libertarians have already lost the war. But for those who chose to continue to fight, it is a useful resource, and a rallying cry.
Very useful in writing Memorandums for case, and as a point in open court.
The cites as stated, with case history are extremely beneficial.
I am, so encouraged by this book, and it's content that I am ordering the book as gifts,
first to my family, and secondly to my clients as a learning aid, and tool.
Please feel free to contact me for more detailed application in the use of the information,
particularly in foreclosure-defense, debt-defense, and more.
One last note, this book is a must in NON-JUDICIAL STATES.
Robert G. Deardorff Email: firstname.lastname@example.org