Judge Posner holds economic theory demonstrates that the fourth amendment's exclusionary rule and other judicially developed doctrines implementing the Constitution impose excessive sanctions for governmental misconduct in criminal cases. This Article, focusing on the exclusionary rule, aims to place his economic argument in historical context and to assess it.
Arval A. Morris,
The Exclusionary Rule, Deterrence and Posner's Economic Analysis of Law,
57 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol57/iss4/3