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20 Feb 2019, 3:15 pm by Mark Tushnet
Again, in-chambers stare decisis suggests that at some point Justice Thomas should offer a more extended explanation of how his position on Times v. [read post]
11 Oct 2019, 4:33 pm by Aaron Mackey
Rather than simply requiring a bit more documentation, we believe the court should have imposed a real constitutional solution: it should require the FBI to get a warrant before searching for people’s communications. [read post]
8 May 2012, 10:27 am
We have no more right to decline the exercise of jurisdiction which is given than to usurp that which is not given. [read post]
7 May 2015, 3:40 pm by Cindy Cohn and Hanni Fakhoury
Although the court believed people in Florida have no expectation of privacy in cell phone location information, the Florida Supreme Court reached the opposite conclusion last year in Tracey v. [read post]