April 2011 Vol. 109 No. 6 THE REVIEW

Home is Where the Crime Is

Bennett Capers

Think of home. Go on. Maybe not your parents' home, which for this reviewer would be enough to induce heavy breathing and general anxiety. Rather, think about the concept of home. Think about the idea of home. Think about Home with a capital letter. Think of home as in The Wizard of Oz and Dorothy's famous "There's no place like home." Think "home sweet home." Or "home is where the heart is." Go on.

Of course, there may be other associations that come to mind when one thinks of home. There's security. Safety. Control. Home rule. After all, in the conventional telling, a man's home is his castle (of course, in the conventional telling, it is always "a man"). And in the conventional telling, the master of the house is alone sovereign. Blackstone said as much, as did Edward Coke. He is entitled to defend the home from intrusion, and may even use deadly force if necessary. He can call upon the police so that his home remains secure. This is home then. Never mind reality. This is the home we tend to imagine. Warm. Safe. Home.


   //  VIEW PDF
& Other Current Events

Rethinking Reporter's Privilege

Forty years ago, in Branzburg v. Hayes, the Supreme Court made its first and only inquiry into...

Standing's Expected Value

This Article argues in favor of standing based on expected value of harm. Standing doctrine has been...

Counsel's Control over the Presentation of Mitigating Evidence During Capital Sentencing

The Sixth Amendment gives a defendant the right to control his defense and the right to a lawyer's...

Law-Enforcement Officers and Self-Help Repossession: A State-Action Approach

Repossession of secured collateral is a fundamental component of the consumer credit industry. The...

Doing Affirmative Action

Sometime this year the Supreme Court will announce its holding in Fisher v. University of Texas at Austin, a...
MAILING LIST
Sign Up to Join Our Mailing List