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12 Jan 2018, 1:20 pm by Orin Kerr
True, Baude and Stern's new test draws at a very high level of generality from certain themes that relate to the historical Fourth Amendment (see pages 1837-41). [read post]
26 Nov 2018, 10:42 am by Lyu Jinghua
In a 2016 speech, then-State Department Legal Advisor Brian J. [read post]
8 Dec 2020, 7:28 am by Jim Eisenmann
It’s true that these roles are important—but that’s why the nonpartisan, experienced civil servants already in these jobs should be protected, rather than face the threat of replacement by inexperienced current political appointees. [read post]
19 Sep 2022, 6:30 am by Guest Blogger
These questions are particularly pressing given the phenomenon of democratic decline.[3] While the hard-wired constitution, at least in democracies, is often touted as providing defences against authoritarianism, we might want to ask if (or under what conditions) this is in fact true. [read post]
13 Feb 2015, 7:59 am by Rebecca Tushnet
  Fox didn’t transform the (arguable) transformation, true. [read post]
11 Jul 2020, 7:35 am
  So why can’t we argue, then, that a conviction with a true jurisdictional defect also cannot be used to enhance our clients’ sentences?? [read post]
27 Nov 2015, 10:46 am
  However, the Court of Appeal agreed with Mann J's construction. [read post]
5 Mar 2018, 11:15 am by Liisa Speaker
‘Harmless Error’In his dissent, Judge Murphy explained that, if the trial court’s ultimate decision did not result in a true change of the established custodial environment, then applying the preponderance of the evidence standard would be “legally sound. [read post]
If it were true that conversations could not be “seized” except by taking possession of physical objects, all warrantless wiretapping (where “recording” is a form of “copying” communications) would be constitutional. [read post]
17 Dec 2017, 7:00 am by Raphael S. Cohen
Ever since then-candidate Bill Clinton blunted questions about his avoidance of the draft with the endorsement of former chairman of the Joint Chiefs, retired Navy Admiral William J. [read post]
1 Jul 2023, 12:48 am by Joseph Fishkin
This is not literally true. [read post]