The Hard Case and the Good Judge: A Tribute to Judge Michael Daly Hawkins
9 Pages Posted: 3 Dec 2020
Date Written: March 1, 2011
In this essay commemorating the career of Judge Michael Daly Hawkins, I explore his dissenting opinion in Redding v. Safford School District, a case involving the strip search of an eighth-grade student by school officials looking for prescription drugs. Although Judge Hawkins was criticized for taking the side of the school officials – and found his position rejected by the Supreme Court – I argue that his dissent displays all the attributes that have made him an exemplary judge: a thoughtful dispassionate tone, a careful attention to the facts, a genuine sensitivity to the interests of the parties, and a humility about his own wisdom.
Keywords: hawkins, redding v. safford, fourth amendment
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