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The two Supreme Court cases that comprise the bedrock of legal precedent for the third-party doctrine—Smith v Maryland and United States v Miller—do not apply to cell site location data, the court found: We agree with the defendant…that the nature of cellular telephone technology and CSLI and the character of cellular telephone use in our current society render the third-party doctrine of Miller and Smith inapposite; the digital age has altered… [read post]
26 Nov 2019, 1:38 pm by Kent Scheidegger
See this post.Despite history and widespread usage of "manner of execution" and "method of execution" as synonymous, Judge Chutkan decided that "manner" includes all the details of the state's procedure, down to such things as catheter insertion.If upheld, that would be a neat little Catch-22 preventing enforcement of the federal death penalty in many states. [read post]
18 Jan 2018, 4:26 pm by Amy Howe
Last week a three-judge federal court in North Carolina struck down the state’s federal congressional map, ruling that Republicans had drawn the map to give themselves an advantage over Democrats – specifically, the court stressed, to guarantee Republicans’ “domination of the state’s congressional delegation. [read post]
29 Aug 2023, 1:45 pm by Evangelina Cantu
Sackett II was decided in May and struck down the agencies’ previous definition asserting authority over properties with a “significant nexus” to wetlands and streams. [read post]
23 Apr 2020, 9:32 am by Eric Goldman
After all, Craigslist famously shut down its adult category a decade ago (in 2010), which gave rise to Backpage; plus Craigslist responded to FOSTA by shutting down its entire personals category (and nuking lots of completely legal speech in the process). [read post]
18 Apr 2019, 3:44 am by Edith Roberts
” Leah Litman has this blog’s analysis of yesterday’s oral argument in United States v. [read post]
6 Feb 2007, 9:47 am
The IPKat has just found out that the Court of Appeals for the Federal Circuit has now handed down its opinion in Voda v Cordis (1st February 2007).The issue before the court was whether or not a US District Court could exercise jurisdiction over a case involving the infringement of a foreign (non-US) patent (the court listed those patents: British, Canadian, European (sic), French and German patents) under the supplemental jurisdiction statute (28 USC §1367).The court (split… [read post]
28 Jun 2016, 4:30 am by Amy Howe
Coverage of the four-four tie in United States v. [read post]