
This
lecture series is named after the man who not only
ignited the American Revolution, but whose very words
in opposition to the w
rits of assistance inspired
the Fourth Amendment.
Born in Great Marshes (now West Barnstable), Massachusetts,
James Otis would devote his life to the law, as his
father and grandfather had done before, becoming one
of the most revered trial advocates and legal orators
throughout Massachusetts, earning him the coveted
position as Advocate General of the Vice-Admiralty
Court at just thirty-one years of age, a position
he would later resign to champion the cause against
the Crown's arbitrary issuance of writs of assistance.
The writs were general
search warrants that permitted the authorities to
search anywhere they pleased for any reason-or for
no reason. In one of the first defiant stands against
British authority in the Colonies, Otis attacked the
writs as "against the fundamental principles of law."
He asserted, among other things: "A man's house is
his castle; and whilst he is quiet, he is as well
guarded as a prince in his castle. This writ, if it
should be declared legal, would totally annihilate
this privilege."
John Adams, who witnessed Otis' impassioned oration,
afterward declared: "Every man of an immense crowded
audience appeared to me to go away, as I did, ready
to take arms against Writs of Assistance. Then and
there was the first scene of the first act of opposition
to the arbitrary claims of Great Britain. Then and
there the child Independence was born."
Although Otis may have lost his case before the Massachusetts
Superior Court in Boston's Old Town Hall that day,
he gained a place in history. In that case, "the American
tradition of constitutional hostility to general powers
of search first found articulate expression." It was
Adams, so inspired by Otis' words, who later drafted
Article Fourteen of the Massachusetts Declaration
of Rights of 1780, which served as the model for the
Fourth Amendment.
Though eventually reduced
to insanity and ultimately silenced by a bolt of lightning,
James Otis will forever remain first among America's
Fourth Amendment advocates.
This lecture series offers a forum to leading scholars to comment on search and seizure and other criminal procedure topics.


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2011-12 |
Thomas K. Clancy
Professor, The University of Mississippi School of Law
The Importance of James Otis: The 250th Anniversary of the Writs of Assistance Case
82 Miss. L.J. 487 (2013)
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2010-11 |
Clifford Fishman
Professor, The Catholic University of America
Electronic Privacy in the Government Workplace and City of Ontario, California v. Quon: The Supreme Court Brought Forth a Mouse
81 Miss. L.J. 1359 (2012)
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2009-10 |
Russell L. Weaver
Professor, University of Louisville
The Fourth Amendment, Privacy and Advancing Technology
80 Miss. L.J. 1131 (2011) |
2008-09 |
Myron Moskovitz
Professor, Golden Gate University School of Law
The Road to Reason: Arizona v. Gant and the Search Incident to Arrest Doctrine
79 Miss. L.J. 181 (2009)
Video Presentation |
2007-08 |
Nancy King
Professor, Vanderbilt University School of Law
Envisioning Post-Conviction Review for the Twenty-First Century
78 Miss. L.J. 433 (2008)
Video Presentation |
2006 |
A. Morgan Cloud
Professor,
Emory University School of Law
Rights Without Remedies: The Court that Cried "Wolf"
77 Miss. L.J. 467 (2007)
Video Presentation |
2005 |
Joseph T. Cook
Professor, University of Tennessee
The Detention of Material Witnesses and the Fourth Amendment
76 Miss. L.J. 585 (Fall, 2006)
Video Presentation |
2004 |
John Burkoff
Professor,
University of Pittsburgh
"A Flame of Fire:" The Fourth Amendment in Perilous Times
74 Miss. L.J. 631 (2004)
Video Presentation |