Cleveland State Law Review
exclusionary rule, due process
This Article will offer an elaboration of the idea of judicial "aggressiveness" (which Professor Stone, by and large, leaves undefined) through examination of the majority opinion in United States v. Leon and its application in Massachusetts v. Sheppard. It will also advance the thesis that the majority in Leon exhibited a particular kind of aggressiveness--willful deafness.
Joel J. Finer, Gates, Leon and the Compromise of Adjudicatory Fairness: (Part II)-Aggressive Majoritarianism, Willful Deafness, and the New Exception to the Exclusionary Rule, 34 Cleveland State Law Review 199 (1986)