Abstract
t Professor of Law, Emory University. I thank Harold Berman, Tracey Maclin, Polly Price, and John Witte for their comments, criticisms and suggestions. David Krugler provided valuable research assistance, as did Holiday Osborne of the Emory University Law Library. 1 Unpublished Ph.D. dissertation. It is available in book form from UMI Dissertation Services, 300 N. Zeeb Road, Ann Arbor, Michigan 48106. UMI is an information resource with which many lawyers may be unfamiliar. UMI reproduces doctoral dissertations and masters theses from the microfilm masters of the original documents. The copies are produced in book form. UMI reports that it holds the full text of all doctoral dissertations accepted in the United States since 1970, and abstracts of all dissertations accepted since 1900. A database of UMI holdings, called Dissertation Abstracts, is available on CD-ROM and is held by many university libraries. 2 H. Butterfield, The Whig Interpretation of History 97 (Bell 1968). 3 For at least a century, lawyers, judges, and legal scholars have employed history to explain the meaning of the Fourth Amendment. See, for example, Boyd v United States, 116 US 616 (1886); Joseph Story, 3 Commentaries on the Constitution of the United States ? 1895 at 748-50 (Da Capo 1970); Andrew Alexander Bruce, Arbitrary Searches and Seizures As Applied to Modern Industry, 18 Green Bag 273 (1906).
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