mmoskovitz at GGU.EDU
Thu Apr 27 13:30:58 PDT 2000
Today's Times, on p. A30, contains a letter to the editor from INS General
Counsel Bo Cooper that rather soundly rebuts Prof. Tribe. Another letter
might be seen as "piling on" an esteemed colleague when he is, for the
moment, apparently down. But maybe the notoriety of the issues merits a
From: Discussion list for con law professors
[mailto:CONLAWPROF at listserv.ucla.edu]On Behalf Of Martin H. Belsky
Sent: Thursday, April 27, 2000 12:06 PM
To: CONLAWPROF at listserv.ucla.edu
Subject: Re: Search Warrant
Let me join in the request that Professor Laycock draft a short letter or
even an op-ed piece to the New York Times.
At a community meeting this morning, a number of individuals who I beleive
had open minds were bothered by the "gestopo tactics" and that, as
"Professor Tribe pointed out in the Times, could have been avoided by
following proper judicial and judicious procedure."
Maybe - a joint letter should be considered. Friendly in nature : "Larry,
you are wrong" would be a nice opening line. Signed -- "Your colleagues
Throughout the Nation"
At 07:58 PM 4/26/00 -0400, you wrote:
>I recommend that Prof. Laycock forward this note to the NYTimes, because
>millions of Americans have been confused by Tribe's (dare I say
>Douglas Laycock wrote:
>> I have now read the search warrant that Michael Masinter posted.
>> say that I simply do not understand Larry Tribe's point in the New York
>> The warrant expressly describes Elian Gonzales as the person to
>> It expressly authorizes execution in the nighttime. It is on a form
>> designed for the seizure of either persons or things, requring the judge
>> specify the person or thing to be seized, and requiring the judge to
>> between authorizing execution only during daylight hours or at any time.
>> I am open to the argument that we should provide more procedural
>> protection than we do before issuing search warrants, but given our
>> law of warrants, I have no idea what Larry Tribe thinks was wrong with
>> one. Certainly they were not going to arrest Elian, although so far as I
>> know, an arrest warrant would simply have been a different form, with no
>> more real procedural protection.
>> Douglas Laycock
>> University of Texas Law School
>> 727 E. Dean Keeton St.
>> Austin, TX 78705
>> 512-232-1341 (phone)
>> 512-471-6988 (fax)
>> dlaycock at mail.law.utexas.edu
Martin H. Belsky
Dean & Professor of Law
University of Tulsa College of Law
3120 E. 4th Place
Tulsa, OK 74104
martin-belsky at utulsa.edu
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