Title

a5 - Let's Not Bury Terry: A Call for Rejuvenation of the Proportionality Principle

Document Type

Article

Publication Date

1998

Publication Title

St. John's Law Review

Abstract

Author makes the case for rejuvenating and restructuring Terry’s proportionality principle saying the principle needs rejuvenation because its rationale -- that the level of intrusiveness should drive the level of justification -- seems to have been ignored even in cases purportedly applying Terry.