The Un-Balanced Fourth Amendment: A Cultural Study of the Drug War, Racial Profiling and Arvizu

46 Pages Posted: 19 Jun 2019

See all articles by Frank Rudy Cooper

Frank Rudy Cooper

University of Nevada, Las Vegas, William S. Boyd School of Law

Date Written: 2002

Abstract

In this Article, Professor Frank Rudy Cooper provides a cultural studies approach to the encoding and decoding of the drug war that will allow us to draw important conclusions about the effects of the drug war on the Court. In Part I of this Article, he describes how the field of cultural studies reads popular culture through the analytical tools of "encoding" and "decoding." In Part II, he analyzes why and how law enforcement has encoded the drug war as requiring increased prosecution of drug users and drug dealers. In Part III, he considers how the Court's decoding of law enforcement's drug war discourse has led to the Un-Balanced Fourth Amendment, which is the Court's trend toward weighing law enforcement interests more heavily than privacy interests. In Part IV, Professor Cooper argues for creation of an oppositional decoding of the drug war to counteract the negative consequences resulting from the drug war discourse defined by law enforcement and sanctioned by the Supreme Court.

Keywords: Fourth Amendment, the drug war, encoding, decoding, racial profiling

Suggested Citation

Cooper, Frank Rudy, The Un-Balanced Fourth Amendment: A Cultural Study of the Drug War, Racial Profiling and Arvizu (2002). Villanova Law Review, Vol. 47, p. 851, 2002; UNLV William S. Boyd School of Law Legal Studies Research Paper Series.. Available at SSRN: https://ssrn.com/abstract=3406421

Frank Rudy Cooper (Contact Author)

University of Nevada, Las Vegas, William S. Boyd School of Law ( email )

4505 South Maryland Parkway
Box 451003
Las Vegas, NV 89154
United States

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
4
Abstract Views
123
PlumX Metrics