Caleb Trotter

CPIL Fellow at Pacific Legal Foundation

Read this first

Footnote information for “Exhuming The Privileges or Immunities Clause to Bury Rational-Basis Review,” 60 Loy. L. Rev. 909 (2014)

*These are the transcribed notes of Caleb Trotter who was in attendance for a lecture by Prof. Todd Zywicki at the Institute for Justice, Law Student Conference in July, 2013 in Washington, D.C. Any errors are Mr. Trotter’s.


Rent Seeking = diversion of real resources to lobbying, etc. efforts away from productive use

Axioms of Public Choice Theory

  1. Methodological Individualism - Individual incentive to avoid small cost is low in relation to the benefit.
  2. People (as?) People - People primarily act in self-interest.
  3. Politicians are People, too - Have same limited info as everyone else and don’t magically change.
  4. Institutions Matter - Manages incentives
  5. Collective Action -
  6. Free Rider/Forced Rider -
  7. Rational Ignorance -
  8. Concentrated Benefits/Dispersed Costs - Politics has to do with incentives being acted upon by small groups who are most benefited or impacted.

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Florida v Jardines

In 2012 I wrote a casenote on the 4th amendment, dog sniff case, Florida v. Jardines. Read on below.


Caleb R. Trotter


        In Florida v. Jardines,[1] the United States Supreme Court addressed the issue of whether law enforcement is permitted to use drug-sniffing dogs to investigate areas on private property surrounding homes for drugs without a search warrant. In a 5-4 decision, the Court limited law enforcement’s ability to search a home via drug-sniffing dogs without a warrant, classifying such a search as a trespass.[2]

Jardines extended the recent line of Fourth Amendment cases limiting law enforcement[3] by expanding the definition of “unreasonable searches and seizures” and focusing on the original meaning of the Amendment.[4] By continuing this trend, the Court signaled that law enforcement

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