In An Unavoidably Brief Historiography of the Third Amendment, Prof. Scott D. Gerber, for the Symposium on Third Amendment Law, provides a nice overview of much of the Third Amendment scholarship.
Unfortunately, it appears Prof. Gerber missed at least one: Samantha A. Lovin, Everyone Forgets About the Third Amendment: Exploring the Implications on Third Amendment Case Law of Extending its Prohibitions to Include Actions by State Police Officers, 23 Wm. & Mary Bill Rts. J. 529 (2014). Ms. Lovin provides an excellent overview of the meaning of soldiers and quartering, as understood by the Framers, and provides different approaches to how militarized police might be found liable. She gives particular focus to qualified immunity, as that is the technicality under which the Engblom defendants ultimately prevailed. In addition to the above article, Prof. Gerber omitted mention of the following:
Prof. Gerber does cite other literature, also available online:
Happy reading!
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AuthorJay Wolman is Counsel at Randazza Legal Group and the Founder of the Third Amendment Lawyers Association Archives
December 2016
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