Sandra Eismann-Harpen (Salmon P. Chase College of Law '13) has posted Rambo Cop: Is He a Soldier Under the Third Amendment? (Northern Kentucky Law Review, Vol. 41, No. 1, P. 119, 2014) on SSRN. Here is the abstract:
This Comment analyzes whether modern police fall within the meaning of soldier under the Third Amendment. It provides the historical context for the Third Amendment, and reviews the meaning of soldier within this historical context. Then, it analyzes the culture, techniques, weaponry, et cetera of modern police within the framework of the Third Amendment. Because militarized police present the same fundamental risk to American civil liberties that they posed several centuries ago, the judiciary should apply the Third Amendment to both federal and state action, and the definition of soldier under the Third Amendment should include federal, state, and local law enforcement.
(Thanks to Seth Barrett Tillman for the pointer).
Posted at 6:59 AM