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23 Mar 2020, 9:54 pm
[An important Supreme Court decision on how much criminal law doctrine is constitutionally required. ] The Supreme Court has handed down Kahler v. [read post]
3 May 2024, 11:09 pm
[A response to Steve Calabresi.] [read post]
4 Feb 2015, 11:00 pm
Jason Yackee has posted an interesting empirical paper, Does Experiential Learning Improve JD Employment Outcomes? [read post]
9 Apr 2014, 1:58 am
Readers may recall my exceedingly long post on Magistrate Judge Facciola’s recent opinion denying the government’s application for a warrant to search an e-mail account. [read post]
16 Feb 2015, 8:44 pm
The Fourth Amendment says that warrants must state where the government will search and what evidence the government will seize. [read post]
4 Sep 2014, 9:19 am
I have blogged a few times about the Eleventh Circuit’s panel decision in United States v. [read post]
19 Nov 2015, 8:35 am
The Third Circuit has handed down a very important opinion on Internet surveillance law: In re Google Cookie Placement Consumer Privacy Litigation (Nov. 10, 2015). [read post]
5 Jul 2016, 11:22 am
FBI Director James Comey announced the results of the FBI’s investigation into Hillary Clinton’s handling of classified email on a private server when she was secretary of state. [read post]
11 Jan 2021, 3:01 pm
[The final version of my recent article is now online.] [read post]
20 Nov 2015, 11:07 am
The petition is here, and it seeks review of the Fifth Circuit’s divided decision from Nov. 9 upholding the preliminary injunction, pending trial, that blocked implementation of the Deferred Action for Parents of Americans and Lawful Permanent Residents program (DAPA). [read post]
20 Dec 2016, 11:55 am
Hillary Clinton adviser Huma Abedin, right, on Oct. 19. [read post]
1 Nov 2017, 11:27 am
Last Thursday, I participated in an excellent debate on Carpenter v. [read post]
13 May 2022, 2:32 pm
[A big problem in a small section, but one that can be corrected.] [read post]
9 Dec 2023, 1:25 am
[United States v. [read post]
26 Feb 2024, 4:43 pm
[A thought on the old days.] [read post]
29 Sep 2022, 7:53 pm
[Thoughts in response to Judge Ho's recent announcement.] [read post]
9 Sep 2016, 2:59 pm
I have blogged before about the Third Circuit’s pending case on the Fifth Amendment limits of ordering a suspect to decrypt his hard drive by entering in the password. [read post]
11 Feb 2016, 5:08 am
I have recently posted the final version of a new article on computer warrants, “Executing Warrants for Digital Evidence: The Case for Use Restrictions on Nonresponsive Data,” 48 Texas Tech L. [read post]
2 Mar 2016, 12:09 pm
On Monday, Magistrate Judge James Orenstein in Brooklyn ruled that Apple cannot be ordered under the All Writs Act to unlock an iPhone pursuant to a search warrant. [read post]
25 Sep 2022, 4:04 pm
[Of possible relevance to the Fifth Circuit's recent decision in Netchoice v. [read post]