ARTICLE BY PROFESSOR KAHN-FOGEL TO BE PUBLISHED IN VILLANOVA LAW REVIEW
September 2024 — Professor Nicholas Kahn-Fogel’s new article, “The Benefits of the Fourth Amendment’s Property-Rights Baseline,” will appear in the Villanova Law Review. In the article, Professor Kahn-Fogel examines the relationship between two approaches to determining whether government investigative conduct constitutes a Fourth Amendment search — one based on privacy interests and the other based on property rights. He argues that what the Supreme Court has referred to as the “property-rights baseline” serves as a valuable supplement to the privacy framework but that property-inspired approaches should not supplant the privacy model.
Nicholas Kahn-Fogel serves as a professor of law at Dickinson Law, where his scholarship focuses on comparative law and criminal procedure. Professor Kahn-Fogel is a co-author of the casebook Basic Tort Law: Cases, Statutes, and Problems. Kahn-Fogel’s recent articles have been published or are forthcoming in the St. John’s Law Review, Florida Law Review, Houston Law Review, Harvard Journal of Law and Public Policy, and Cornell Journal of Law and Public Policy.