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29 Mar 2015, 10:33 pm
I have posted a new draft paper on SSRN: The Influence of Immanuel Kant on Evidentiary Approaches in Eighteenth Century Bulgaria. [read post]
6 Feb 2020, 10:17 pm
[What John Marshall, Aaron Burr, and some of the best lawyers of the founding era can teach us about the Fifth Amendment and compelled decryption.] [read post]
19 Feb 2024, 12:36 am
[A different take.] [read post]
30 May 2024, 1:02 am
I'm pleased to be able to post the cover of my forthcoming book, The Digital Fourth Amendment, which will be published this fall (or thereabouts) by Oxford University Press. [read post]
14 Jul 2016, 11:20 am
The Second Circuit has handed down its long-awaited decision in the Ireland warrant case, In the Matter of a Warrant to Search a Certain E‐Mail Account Controlled and Maintained by Microsoft Corporation. [read post]
9 Jan 2017, 9:54 am
I’m pleased to announce the launch of the Cybersecurity Law Initiative, of which I am the director, at George Washington University Law School. [read post]
31 Jul 2023, 11:03 am
[The first opinion on Westlaw in response to a motion to suppress based on my model motion.] [read post]
27 Jun 2014, 8:47 am
The New York Times reports about a recently-unsealed challenge by Facebook attempting to block a search warrant issued by a New York City judge. [read post]
27 Jan 2014, 8:03 pm
Justice Sotomayor’s concurring opinion in United States v. [read post]
29 Apr 2014, 11:03 am
This morning, I attended the Supreme Court arguments in the cell phone search cases, United States v. [read post]
22 Jul 2015, 6:51 am
I recently posted a new draft article, An Economic Understanding of Search and Seizure Law, forthcoming in the University of Pennsylvania Law Review. [read post]
3 Apr 2018, 1:02 am
My friend and co-blogger Will Baude asks an interesting question: What explains the Supreme Court's continued interest in reviewing seemingly fact-bound lower court decisions on qualified immunity? [read post]
15 Dec 2014, 12:03 pm
The Supreme Court has handed down Heien v. [read post]
17 May 2017, 9:30 am
I’ve been silent on the blog for a while — I’ve been tweeting my way through current events rather than blogging about them — but I wanted to flag the publication of my latest article, The Effect of Legislation on Fourth Amendment Protection, 115 Michigan Law Review 1117 (2017). [read post]
20 Jan 2023, 1:00 pm
[A massive amount of complex material; here's how I decided to present it.] [read post]
17 Oct 2017, 2:15 pm
Here’s an interesting new case from Massachusetts, Ajemian v. [read post]
29 Oct 2015, 5:22 am
If you’ve been waiting for the Supreme Court to decide whether the Fourth Amendment applies to government collection of cell-site records, you will probably have to wait a little longer. [read post]
24 Apr 2017, 11:44 am
In United States v. [read post]
4 Jan 2023, 12:34 am
[A reflection on re-writing a chapter of Kamisar LaFave & Israel.] [read post]
29 Jul 2024, 1:10 pm
[I'm with Sam and Will.] [read post]