Tag: 4th Amendment

A Legislative History of OSHA

As a member of the House Education and Labor Committee and its Select Subcommittee on Labor, which considered and reported out House Report 16785; as one of the conferees who took the Steiger … Read More


The Occupational Safety and Health Act of 1970 (OSHA)’ has been described by Senator Harrison Williams, Jr., coauthor of the Act, as “the most significant piece of legislation facing the … Read More

Constitutional Challenges

Certain structural aspects of the Occupational Safety and Health Act of 1970 (OSHA)’ suggest procedural deficiencies which are suspect constitutionally and which indeed may be open to successful constitutional challenge. … Read More

The Originalist Case for the Fourth Amendment Exclusionary Rule

The Fourth Amendment exclusionary rule has been the law of the land in all federal jurisdictions since 19141 and in all state jurisdictions since 1961. Yet critics continue to question the rule’s constitutional pedigree. Generations of conservative jurists and scholars have called for the rule’s abolition on “originalist” grounds. These scholars argue that the rule is of recent vintage, unsupported in the Fourth Amendment’s text, and disloyal to the Amendment’s original intent. In this paper, the author argues that exclusion is actually an ancient remedy, widely applied by courts in various contexts since the dawn of American history. … Read More