Thomas Y. Davies

University of Tennessee College of Law

Professor Emeritus

1505 West Cumberland Avenue

Knoxville, TN 37996-1810

United States

  • University of Tennessee College of Law

SCHOLARLY PAPERS

11

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Top 25,825

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4,004

TOTAL CITATIONS

3

Scholarly Papers (11)

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1.

Recovering the Original Fourth Amendment

Michigan Law Review, Vol. 98, p. 547, 1999
Number of pages: 204 Posted: 21 Apr 2000
Thomas Y. Davies
University of Tennessee College of Law
Downloads 894 (54,041)
Citation 1

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2.

Correcting Search-and-Seizure History: Now-Forgotten Common-Law Warrantless Arrest Standards and the Original Meaning of Due Process of Law

Mississippi Law Journal, Vol. 77, 2007, University of Tennessee Legal Studies Research Paper No. 23
Number of pages: 225 Posted: 15 Feb 2008 Last Revised: 18 Apr 2008
Thomas Y. Davies
University of Tennessee College of Law
Downloads 756 (67,713)

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search, seizure, arrest, due process, law of the land, Coke, Mason, Madison, Hamilton, John Adams, Fourth Amendment, Fifth Amendment, framers, originalism, original meaning, originialist, common law, magna carta, Lasson, Mott

3.

Can You Handle the Truth? The Framers Preserved Common-Law Criminal Arrest and Search Rules in 'Due Process of Law' - 'Fourth Amendment Reasonableness' is Only a Modern, Destructive, Judicial Myth

Texas Tech Law Review, Vol. 43, pp. 51-136, 2010, University of Tennessee Legal Studies Research Paper No. 143
Number of pages: 86 Posted: 25 Feb 2011 Last Revised: 15 Apr 2011
Thomas Y. Davies
University of Tennessee College of Law
Downloads 628 (85,862)
Citation 1

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search, seizure, arrest, warrant, fourth Amendment, fifth amendment, reasonableness, originalism, original meaning, due process, supreme court, Boyd, Weeks, probable cause, Atwater, Moore

4.

Farther and Farther from the Original Fifth Amendment: The Recharacterization of the Right Against Self-Incrimination as a 'Trial Right' in Chavez V. Martinez

Tennessee Law Review, Vol. 70, pp. 987-1045, 2003
Number of pages: 59 Posted: 13 Jun 2007
Thomas Y. Davies
University of Tennessee College of Law
Downloads 404 (146,906)

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Fifth Amendment, self-incrimination, confession, interrogation, originalism, 1983, original meaning, Thomas, framers, Martinez, Miranda, Warrickshall, Warickshall

5.

The Supreme Court Giveth and the Supreme Court Taketh Away: The Century of Fourth Amendment 'Search and Seizure' Doctrine

Journal of Criminal Law & Criminology, Vol. 100, No. 3, pp. 933-1041, 2010, University of Tennessee Legal Studies Research Paper No. 137
Number of pages: 110 Posted: 10 Feb 2011 Last Revised: 24 Feb 2011
Thomas Y. Davies
University of Tennessee College of Law
Downloads 322 (188,245)

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search, seizure, arrest, warrant, exclusionary rule, fourth amendment, reasonableness, fifth amendment, due process, Gates, Leon, Atwater, Moore, supreme court, originalism, legal realism

6.

The Fictional Character of Law-and-Order Originalism: A Case Study of the Distortions and Evasions of Framing-Era Arrest Doctrine in Atwater V. Lago Vista

Wake Forest Law Review, Vol. 37, pp. 239-437, 2002
Number of pages: 199 Posted: 03 Jun 2007
Thomas Y. Davies
University of Tennessee College of Law
Downloads 242 (252,443)

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Fourth Amendment, arrest, search, seizure, probable cause, due process, originalism, original meaning, Madison, Souter, common law, framers, breach

7.

Not the Framers' Design: How the Framing-Era Ban Against Hearsay Evidence Refutes the Crawford-Davis Testimonial Formulation of the Scope of the Original Confrontation Clause

Brooklyn Journal of Law and Policy, Vol. 15, 2007, University of Tennessee Legal Studies Research Paper No. 15
Number of pages: 122 Posted: 22 Jun 2007 Last Revised: 06 Dec 2007
Thomas Y. Davies
University of Tennessee College of Law
Downloads 193 (312,350)
Citation 1

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Sixth Amendment, confrontation, confront, hearsay, testimonial, original meaning, originalism, Scalia, Crawford, Davis

8.

How the Post-Framing Adoption of the Bare-Probable-Cause Standard Drastically Expanded Government Arrest and Search Power

Law and Contemporary Problems, Vol. 73, p. 1, 2010, University of Tennessee Legal Studies Research Paper No. 136
Number of pages: 67 Posted: 16 Jan 2011 Last Revised: 12 Feb 2011
Thomas Y. Davies
University of Tennessee College of Law
Downloads 182 (329,412)

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search, arrest, warrant, originalism, Fourth Amendment, Fifth Amendment, due process, probable cause, Gates, Moore, Atwater

9.

What Did the Framers Know, and When Did They Know it? Fictional Originalism in Crawford v. Washington

Brooklyn Law Review, Vol. 71, pp. 105-217, 2005
Number of pages: 113 Posted: 08 Jun 2007
Thomas Y. Davies
University of Tennessee College of Law
Downloads 146 (397,311)

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confrontation, cross-examination, cross examination, hearsay, Sixth Amendment, Crawford, Scalia, original meaning, originalism, Marian, framers, common law

10.

Selective Originalism: Sorting Out Which Aspects of Giles's Forfeiture Exception to Confrontation Were or Were Not 'Established at the Time of the Founding'

Lewis &. Clark Law Review, Vol. 13, No. 605, 2009, University of Tennessee Legal Studies Research Paper No. 89
Number of pages: 70 Posted: 21 Nov 2009 Last Revised: 04 Feb 2010
Thomas Y. Davies
University of Tennessee College of Law
Downloads 124 (451,377)

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confrontation, forfeiture, Giles, Crawford, Scalia, Breyer, originalism, original meaning, Marian, testimonial, hearsay, 804(b)(6)

11.

Revisiting the Fictional Originalism in Crawford's Cross-Examination Rule: A Reply to Mr. Kry

Brooklyn Law Review, Vol. 72, 2007, University of Tennessee Legal Studies Research Paper No. 3
Number of pages: 83 Posted: 14 Jun 2007
Thomas Y. Davies
University of Tennessee College of Law
Downloads 113 (484,338)

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confrontation, cross-examination, hearsay, Sixth Amendment, Crawford, Scalia, original meaning, originalism, testimonial, Marian, framers