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6 Dec 2019, 4:44 am by Chris Seaton
“Deputy Miranda, this is an all hands matter. [read post]
4 Dec 2019, 6:00 am by Folkert Graafsma
The Marrakesh Agreement, agreed upon by all Members, put the “exclusive authority to adopt interpretations” in the hands of the Members.[1]   But the Membership has failed and rarely, if ever, have such interpretations been adopted by the Membership.[2]  Indeed, then, in such case, the onus falls onto the AB vide  DSU Art. 17.6, which requires the AB to look into “…issues of law…and legal interpretation…”.[3] The AB has simply been doing… [read post]
4 Dec 2019, 3:00 am by Folkert Graafsma
 In this current quadripartite discussion, the past views of at least two of us on this matter are (well) known.[10]  The issue with the authors’ recent blogpost is that it makes the critical error of elevating the certain past AB dicta in Fasteners to the status of a “findings“; however, it is frankly unknown to anyone how the AB would have actually ruled, had EU – Price Comparison Methodologies (DS516) come to head in an appeal. [read post]
25 Nov 2019, 6:00 am by Brian Gallini
” After Bram, involuntary confessions were inadmissible in federal criminal trials as a matter of constitutional law, but the Fifth Amendment was not yet considered a fundamental right applicable to the states. [read post]
8 Nov 2019, 7:20 am by Jack Sharman
Note the new contributions from Gucci Mane (“Richer Than Errybody”), Gallant (“Sweet Insomnia”), Miranda Lambert (“Way Too Pretty for Prison”), Bob Dylan and Johnny Cash (“Wanted Man — Take 1”), A Winged Victory for the Sullen (“The Slow Descent Has Begun”), Dr. [read post]
4 Nov 2019, 10:50 am by Phil Dixon
“Of course, the exclusionary rule bars admission of the nontestimonial physical fruit of statements obtained in violation of Miranda when those statements are involuntary, and statements obtained in violation of Miranda are presumptively involuntary. [read post]
18 Oct 2019, 6:30 am by Sandy Levinson
  I argued then, and believe now, that the Second Amendment, properly understood, has little to do with “self-defense” in the sense adopted by Justice Scalia in Heller and everything to do with a civic republican conception of a virtuous populace willing and able to— in the words of Lin-Manuel Miranda—“rise up” against an arguably tyrannical state. [read post]
9 Oct 2019, 7:09 am by John Jascob
Separately, Chairman Heath Tarbert, as well as Commissioners Dan Berkovitz and Rostin Behnam, together filed a Motion to Intervene or Alternatively For Leave to File Amicus Brief with the Seventh Circuit in this matter. [read post]
1 Oct 2019, 6:14 am by Carolina Attorneys
The trial court asked Defendant’s trial counsel: “Up [until] the time that this matter occurred, Mr. [read post]
30 Sep 2019, 6:00 am by Brian Gallini
There’s certainly no reason that a casefile approach could not work in other classes, but I focused on the investigative criminal procedure course because the subject matter—what police can and cannot do—touches all of us as citizens. [read post]
13 Sep 2019, 4:46 am by Michael Lowe
  Here is when the Miranda rights must be given to the accused, which include explaining that the person has a right to keep silent and the right to have legal counsel. [read post]
30 Aug 2019, 10:54 am by mdkeenan
When you are arrested for DUI, the police must read you the Warnings to Motorists, but this is not the same as your Miranda rights. [read post]
15 Aug 2019, 9:30 pm by Mitra Sharafi
When we get to Uncle Tom's Cabin and 12 Years A Slave I prompt the students to think about why abolitionists used narrative as a tool, why these narrative works were controversial and powerful in their day, and why it matters that 12 Years was nonfiction, and if it matters if maybe bits of it were slightly fictionalized.I also teach a class on the legal history of slavery, where we read Whitehead's Underground Railroad and Bisson's Fire on the Mountain. [read post]
6 Aug 2019, 8:44 am by Michigan Defense Law
In addition, just because you have the right to a court appointed attorney doesn’t mean that that is the attorney you should trust to defend you against DUI charges (or any other charges, for that matter). [read post]