Public Safety v. Individual Liberties: Some Facts and Theories

Professor Inbau detects a certain irrationality,if not hysteria, in this business of excluding illegally seized evidence and unlawfully elicited confessions "all being done in the name of 'civil liberfies.' ' He pleads for" temperateness. No emotive words, he begs. No shaking of the Bill of Rights in our faces by "flag waving civil libertarians," please. So, let us accompany him as he approaches these critical issues of criminal law administration calmly and dispassionately: In order to maintain "public safety and security from another kind of enemy right within our borders," he asks, shouldn't we remove the "handcuffs"the courts have placed on the police? Do you want "unbridled individual liberties," he continues, or a "safe, stable society?" Do you believe in the "unconditional" "right to be let alone" or are you willing to impose "reasonable restraints" "in the interest of public safety and welfare?" Are you for or against decisions...

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Discrimination and Outrage: The Migration From Civil Rights to Tort Law


It is not always appreciated that proven discrimination on the basis of race or sex may not amount to a tort and that even persistent racial or sexual harassment may not be enough to qualify for tort recovery. This Article explores the question of whether discriminatory and harassing conduct in the workplace is or should be considered outrageous conduct, actionable under the tort of intentional infliction of emotional distress. In recent years, courts have taken radically different approaches to the issue, from holding that such claims are preempted to treating the infliction tort as a reinforcement of civil rights principles. The dominant approach views tort claims as mere "gap fillers" that should come into play only in rare cases that do not fit comfortably under other recognized theories of redress. To place the current approaches in perspective and determine the proper location for...

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