Professor Andrew Manuel Crespo discusses his recent article, Probable Clause Pluralism. The constitutionality of a search or seizure typically depends on the connection between the target of that search or seizure and some allegation of illegal behavior—a connection assessed by asking whether the search or seizure is supported by probable cause. But as central as probable cause is to the Fourth Amendment, no one seems to know what it means or how it operates. The Supreme Court insists it is “not possible” to define the term, calling instead for the application of “common sense” to “the totality of the circumstances.” This article seeks to navigate, and resolve, this tension between doctrinal flexibility and structure. To do so, it urges a rejection of an often invoked—if not always followed—tenet of Supreme Court doctrine: probable cause unitarianism. That dominant idea holds that whatever probable cause means, it ought to entail the same basic analytic method and be judged by the same substantive standard from one case to another. But on close inspection, the Supreme Court’s jurisprudence contains seeds of an alternative, superior conception of probable cause, which this article terms probable cause pluralism. On this view, probable cause can comfortably encompass distinct analytic frameworks and substantive standards, each of which can be tailored to different Fourth Amendment events. From there, the article proposes a three-part framework for determining the constitutionality of a search or seizure, which can better equip scholars and jurists to reason through the cases to come and assess the cases that have come before.
Monthly Archives: June 2020
Rue Mapp is the Founder and CEO of Outdoor Afro, a national not-for-profit organization with offices in Oakland, CA, and Washington, D.C. Rue oversees a carefully selected and trained national volunteer leadership team of nearly 90 men and women who represent 30 states around the US, and shares opportunities to build a broader community and leadership in nature. Her important work has generated widespread national recognition and support. Since Outdoor Afro’s inception in 2009 as a blog, Rue has captured the attention and support of millions through a multimedia approach that is grounded in personal connections and community organizing. From its grassroots beginning, Outdoor Afro now enjoys national sponsorship and is recognized by major organizations for its role in addressing the ongoing need for greater diversity in the outdoors. In 2010, Mapp was invited to the Obama White House to participate in the America’s Great Outdoors Conference, and subsequently to take part in a think-tank to inform the launch of the First Lady’s “Let’s Move” initiative. She was appointed program officer for the Stewardship Council’s Foundation for Youth Investment to oversee its grant-making program from 2010-2012. Since that time, Mapp’s work and op-eds have been featured in publications including The Wall Street Journal, Backpacker Magazine, Seattle Times, Los Angeles Times, Ebony Magazine, Outside Magazine, Sunset Magazine, NPR, and many others. Rue’s work has also been recognized with numerous awards and distinctions, including: The Root 100 as one of the most influential African Americans in the country (2012 and 2016), Outdoor Industry Inspiration Award, National Wildlife Federation Communication award (received alongside President Bill Clinton) and Family Circle Magazine selected Rue as one of America’s 20 Most Influential Moms. Mapp remains in high demand to speak around the country and in Canada about her innovative approach that has successfully connected thousands, especially from the Black American community, to nature and the benefits of spending more time outdoors. She is proud to serve on the Outdoor Industry Association and The Wilderness Society boards. In 2014, Rue was appointed to the California State Parks Commission by Governor Jerry Brown. She was named a National Geographic fellow, and a lifetime member of Delta Sigma Theta, Incorporated. In 2020, Outdoor Afro was chosen to be highlighted and visited by Oprah on her 2020 Vision Tour. Check out details here. A graduate of UC Berkeley (with a Degree in Art History), Rue’s skills and background make her a unique voice via the leadership and programs she has instituted through her career, enlightening a diverse community to the wonders and benefits of the outdoors. Rue resides in Vallejo, CA and is the proud mother of three young adults. Want more insight on Rue? Visit www.ruemapp.com.
President Peter Salovey discussed the national and global economic impacts of the COVID-19 pandemic and the lessons we can learn from history with three Yale faculty experts:
Pinelopi Goldberg, Elihu Professor of Economics and professor of management and former chief economist at the World Bank Group;
Andrew Metrick, Janet L. Yellen Professor of Finance and Management and director of the Yale Program on Financial Stability; and
Robert Shiller, Sterling Professor of Economics and Nobel Laureate.
(Recorded May 20, 2020)
The group talks with current Yale students to hear how their study abroad experiences informed their career decisions and how they reflect upon those experiences when drafting their resume. The unique nature of a study abroad experience lends mightily to the development of one’s professional narrative, for years to come!