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Daily Princetonian: Kagan '81 on the exclusionary rule

By John Wesley Hall, Jr.

From the Daily Princetonian: Kagan '81: Master's thesis in politics: As the Senate Judiciary Committee prepares for the upcoming confirmation hearings of Elena Kagan, senators have been poring through thousands of pages documenting many of Kagan’s legal and political views. Among those pages, the New York Times reports , is her Master’s thesis in politics, written at Oxford in 1983, in which she discussed the history of the exclusionary rule (an element of Fourth Amendment jurisprudence) to advance an argument about how courts should go about effecting social change. The thesis is particularly interesting because it comments on the issue of judicial activism—the charge leveled by judicial conservatives that the rulings of liberals on the bench have been guided not by legal principles, but instead by judges’ personal political preferences...continue to full post

Full post as published by Fourth Amendment on May 28, 2010 (boomark / email).