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30 Jan 2012, 7:37 am by Danielle Citron
Even better: the majority of justices — including conservative Justices Antonin Scalia, John Roberts, Anthony Kennedy, and Clarence Thomas, joined by Obama appointee Sonia Sotomayor — agreed that Jones is only the beginning of the long-overdue inquiry into constitutional protections against location-based surveillance. [read post]
29 Jan 2012, 7:29 am by Renee Hutchins
Writing for the majority, Justice Antonin Scalia revitalized what had been widely viewed as a dead (or at least dying) branch of Fourth Amendment analysis. [read post]
29 Jan 2012, 4:50 am by Danielle Citron
Writing for the court in Jones, Justice Antonin Scalia looked to the 18th century for guidance. [read post]
27 Jan 2012, 7:22 pm
Justice Antonin Scalia, writing for the majority, held that the plaintiffs had not demonstrated that Wal-Mart had a “general policy of discrimination” that impacted all class members. [read post]
27 Jan 2012, 9:53 am by CJLF Staff
Supreme Court Justice Antonin Scalia granted the stay Thursday after Newbury's attorneys argued it should be granted while the U.S. [read post]
27 Jan 2012, 7:31 am by admin
It turns out that both the advocates of the original-intent approach to constitutional interpretation, epitomized here and in general by Justice Antonin Scalia, and those who prefer the doctrine of the “living Constitution,” led here by Justice Samuel Alito, agree that the use of a GPS device by the government constitutes a search and requires a warrant. [read post]
26 Jan 2012, 4:28 pm by Jim Lindgren
Calabresi, a Republican, a former clerk for Antonin Scalia, and a co-founder of the conservative Federalist Society. [read post]
25 Jan 2012, 2:19 pm by The Law Office of Nancy King
The majority opinion, authored by Justice Antonin Scalia, focused on the "physical intrusion" that resulted from the placement of the GPS unit on Jones's vehicle. [read post]
25 Jan 2012, 11:24 am by David Kravets
Justice Antonin Scalia wrote for the majority that “the present case does not require us to answer” whether police need a warrant to employ GPS monitoring of targets “without an accompanying trespass. [read post]
24 Jan 2012, 8:34 pm
" Associate Justice Antonin Scalia said that the government's installation of a GPS device, and its use to monitor a vehicle's movements, constitutes a search, meaning that a warrant is required. [read post]
24 Jan 2012, 8:13 pm by Tony Mauro
Also missing were Justices Antonin Scalia and Clarence Thomas, both of whom have also complained about the awkwardness of attending such a political event. [read post]
24 Jan 2012, 7:50 pm by LTA-Editor
The majority position, written by Justice Antonin Scalia, stated that the Court had “no doubt that such a physical intrusion would have been considered a ‘search’ within the meaning of the Fourth Amendment when it was adopted,” citing to, among other authorities, an English case from 1765. [read post]
24 Jan 2012, 9:05 am by Derek Bambauer
The verdict was a clean sweep – 9-0 for Jones – but the case produced three opinions, including a duel between Justices Antonin Scalia and Samuel Alito. [read post]
24 Jan 2012, 9:05 am by Derek Bambauer
The verdict was a clean sweep – 9-0 for Jones – but the case produced three opinions, including a duel between Justices Antonin Scalia and Samuel Alito. [read post]
24 Jan 2012, 6:59 am by Kenneth J. Vanko
A couple of weeks ago, I read "Making Your Case" by Justice Antonin Scalia and Bryan Garner, the latter being sort of the Steve Jobs of the legal writing industry.On page 62, the authors discuss brief writing and quote Judge Frank Easterbrook (right) of the Seventh Circuit, who says:"The best way to become a good legal writer is to spend more time reading good prose. [read post]
24 Jan 2012, 6:51 am by Scott Key
In one Fourth Amendment story, the hero was Associate Justice Antonin Scalia. [read post]
23 Jan 2012, 2:55 pm by SO Issues
"The issue is whether 'specify the applicability' means that no pre-act offenders need register unless the attorney general says so, or rather that the attorney general may excuse the unqualified requirement for pre-act offenders," according a dissent authored by Justice Antonin Scalia and joined by Justice Ruth Bader Ginsburg. [read post]