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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]
19 Feb 2014, 6:28 am
The Court wrote, sensibly enough, that these claims are within the core of state tort law, including in California, where this claim arose. [read post]
18 Feb 2014, 12:29 pm by Federalist Society
On January 14, 2014, the Supreme Court heard oral argument in Executive Benefits Insurance Agency v. [read post]
18 Feb 2014, 12:29 pm by Federalist Society
On January 14, 2014, the Supreme Court heard oral argument in Executive Benefits Insurance Agency v. [read post]
17 Feb 2014, 12:12 pm
Marshall (2006) case (which I observed as a clerk) and the Stern v. [read post]
15 Feb 2014, 12:54 pm
  While it may be operated in sovereign wealth form, and even adopt the long term shareholder language of SWF master narratives, it remains, at its core, a means of providing strategic resources to enterprises that the state would like to favor. [read post]
14 Feb 2014, 6:35 am
Central planning, not the welfare state, is what was incompatible with individual liberty. [read post]
13 Feb 2014, 3:12 pm by Lyle Denniston
The Ninth Circuit ruling came in the case of Peruta v. [read post]
13 Feb 2014, 1:12 pm
  Substantially larger stakes were held in foreign equities from developed states (almost 25%) and developing states (about 9%). [read post]
13 Feb 2014, 8:07 am by Jane Chong
” Similarly, in United States v. [read post]
11 Feb 2014, 9:01 pm by Michael C. Dorf
For example, under the doctrine set forth in the 1979 case of United States v. [read post]
11 Feb 2014, 7:38 am by Joy Waltemath
Supreme Court has recognized that “exemptions for religious organizations from civil discrimination suits protect religious freedom by avoiding state interference with religious autonomy and practice,” the state high court noted, citing the 1987 decision in Corp. of Presiding Bishop of Church of Jesus Christ of Latter-Day Saints v. [read post]
9 Feb 2014, 2:27 pm
  Perry v Truefitt, 49 ER 749 stated that ‘A man is not to sell his own goods under pretence that they are the goods of another man. [read post]