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15 Apr 2013, 7:43 am by The Charge
While it is true that no person shall be compelled to be a witness against himself in a criminal case and silence is not bearing witness in a technical sense, the rationale for excluding silence is one of due process of law. [read post]
28 Jan 2023, 6:30 am by Guest Blogger
It used to make sense to speak of the German theater, of the English press, of the French novel, or of the American cinema. [read post]
8 May 2013, 5:01 pm by oliver randl
Most of the case law cited by the appellant (T 128/87, T 14/89, J 13/90) is also discussed in G 2/97. [read post]
22 Mar 2012, 9:22 am by Steve Hall
That alignment has sometimes arisen in recent years in cases that seemed to offend Justice Kennedy’s sense of fair play. [read post]
2 Apr 2020, 8:10 am by Phil Dixon
“[C]ommon sense” here suggested that the smoking marijuana found by officers would not be the only amount of marijuana in the home and that any other marijuana in the home might be hidden elsewhere, including in any safes. [read post]
28 Nov 2011, 11:55 pm
Rakoff rejected what would have been the sixth civil settlement agreement between Citigroup Global Markets Inc. [read post]
17 Mar 2011, 11:07 pm by David Kopel
Author of Policraticus (approx. 1159), the most influential Western book written between the sixth century and the thirteenth. [read post]
6 Apr 2020, 4:48 am by SHG
But just as it can be used to create the appearance of a documentary, of being able to watch as reality unfolds before your eyes, that appeals to your sensibilities, it can also be used to create the same false sense of reality that can be used to persuade you that an innocent person is guilty, that junk science is infallible, that the police really possess some “sixth sense” that allows them to “just know” when someone is lying. [read post]
22 Oct 2010, 2:58 am by Maxwell Kennerly
S. 259, 260 (1984) (reaching the same result in a criminal case, notwithstanding the Sixth Amendment rights at stake). [read post]
27 Oct 2011, 8:13 am by Hal Singer
But, on today’s networks, segregating services makes little sense technologically. [read post]
1 Dec 2011, 7:31 am by David Oscar Markus
(My own are not.)The Fifth, Sixth, and Eighth Amendment rights of assurance against capricious prosecution, due process, no seizure of property without due compensation, an impartial jury, access to counsel, prompt justice, and reasonable bail, don’t exist. [read post]
29 Jun 2010, 7:42 pm by James Bickford
” Also at Volokh, Eugene Volokh speculates about McDonald’s effect in states that ban gun possession by young adults: his “sense is that these laws might well be struck down” because lesser constitutional rights have been held to apply after age eighteen, or even before. [read post]
 This makes sense considering the circumstances of In re Grand Jury: normal tax return preparation advice (which generally is not privileged even when it comes from an attorney) was mixed with legal advice on how to navigate certain tax laws. [read post]
6 Sep 2010, 10:21 am by Steve McConnell
That battle has largely turned out to be a debate between the pro-preemption position set forth by the Sixth Circuit in Garcia v. [read post]
30 Apr 2018, 4:53 am by SHG
No, the Sixth Amendment right to counsel doesn’t apply here, but doesn’t every individual have an inherent right to seek counsel of his choosing if he can afford it? [read post]