Laura Ginsberg Abelson (Southern Methodist University - Dedman School of Law) has posted The Fourth Amendment's Hidden Intrusion Doctrine (111 Va. L. Rev. 1255 (2025)) on SSRN. Here is the abstract: The Fourth Amendment’s concept of probable cause is the linchpin of legal standards governing law enforcement actions such as arrests, searches, and seizures. This article challenges the assumption that the same quantum of evidence can meet the probable cause standard regardless of whether law enforcement seek to conduct a search, to seize evidence, or to make an arrest, and regardless of the intrusiveness of such search or seizure.

The Urban Food Forest at Browns Mill offers a rare, legal area to forage for fruits, nuts and herbs. Credits: AJC | Library of Congress | The Conservation Fund

The Constitution of Conflict: How the Supreme Court Undermines the Separation of Powers (Constitutional Thinking) [Bell, Thomas] on Amazon.com. *FREE* shipping on qualifying offers. The Constitution of Conflict: How the Supreme Court Undermines the Separation of Powers (Constitutional Thinking)

Noah Smith-Drelich, Chicago-Kent College of Law, has posted The Forgotten Fundamental Right to Free Movement, which appears in the Northwestern University Law Review:There is a powerful fundamental right hiding in plain sight: the fundamental right to free movement. This right goes beyond the consistently acknowledged—though infrequently applied—fundamental right to interstate travel. The true scope of the Constitution's protection of movement through substantive due process safeguards local, interstate, and international travel. Though overlooked today, the fundamental right to free movement has deep roots in history and tradition, and in the decisions of numerous state and federal courts, including the Supreme Court.  This Article is the first to examine freedom of movement using the history and tradition test for unenumerated fundamental rights. This Article begins by tracing the right to free movement from the Magna Carta, through Blackstone's Commentaries, colonial America, early state constitutions, and the ratification of the Fourteenth Amendment. As this analysis shows, repressive governments have routinely sought to limit movement across and within boundaries. But the English and U.S. legal traditions are marked by repeated affirmations of the right—there is strong and persistent historical support for a fundamental right to free movement.  This Article then turns to judicial discussions of movement rights, both historical and contemporary. Drawing on several previously unconnected lines of decision, this examination surfaces a vibrant picture of the fundamental right to free movement recognized by the courts, including the U.S. Supreme Court.  --Dan Ernst