Prof. Sundby on the Exclusionary Rule

Scott SundbyProfessor Scott E. Sundby, the Sydney and Frances Lewis Professor of Law, recently published his article, The Majestic and the Mundane: The Two Creation Stories of the Exclusionary Rule43 Tex. Tech L. Rev. 391 (2010), in the Texas Tech Law Review, as part of their Fourth Amendment Search & Seizure Symposium.

In the article, Prof. Sundby discusses the two distinct “creation stories” behind the exclusionary rule in American jurisprudence, as found in Herring v. United States, 555 U.S. 135 (2009). Chief Justice Roberts and Justice Ginsburg articulated dramatically different visions of the exclusionary rule and its judicial heritage. Justice Roberts, writing for the five-justice majority, framed the exclusionary rule as simply a judicial rule designed solely to deter police misconduct. In her dissent, Justice Ginsburg alluded to a very different vision, a “more majestic” conception of the exclusionary rule. Prof. Sundby explores the rhetorical and historical arc of these two competing creation stories in identifying when the majestic conception lost its dominance and the evidentiary rule conception gained preeminence.

You can find Prof. Sundby’s article on SSRN here.

Congratulations to Professor Sundby on this publication.

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