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3 Jul 2018, 10:57 am by Carrie Cordero, Quinta Jurecic
The first travel ban was drafted by Trump policy aides Steve Bannon and Stephen Miller; Bannon has since been exiled from the White House, but news reports have identified Miller as the engineer of family separations, if not the drafter of the actual order. [read post]
28 Jun 2018, 9:01 pm by Vikram David Amar
Winnebago County, where it rejected a constitutional lawsuit brought by a young child abuse victim whom the state had placed in the custody of a violent father, “[l]ike its counterpart in the Fifth Amendment, the Due Process Clause of the Fourteenth Amendment was intended to . [read post]
26 Jun 2018, 10:30 am by Marty Lederman
  Justice Gorsuch's separate opinion, however, is in all practical respects even more protective of Fourth Amendment rights than the Chief Justice's (or it would be, anyway, if Gorsuch applies his rationale in future cases).The first 11 pages or so of Justice Gorsuch's opinion effectively convey the confusion and frustration most newcomers sense when they first confront the Miller/Smith third-party doctrine and Katz's "reasonable expectation of… [read post]
1 Jun 2018, 5:31 pm by Thaddeus Hoffmeister
Toward a Civil Jury-Trial Default Rule Richard L. [read post]