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13 Aug 2013, 2:02 pm by Federalist Society
The question in this case was whether the Fourth Amendment's “exigent circumstances” doctrine permits a law enforcement officer to take a warrantless, nonconsensual blood sample from a drunk driver because of natural dissipation of alcohol in the bloodstream over time. [read post]
13 Aug 2013, 7:03 am by Bob Corn-Revere
  To be fair, Justice Breyer’s dissent focused on those applications of the law where “material support” took the form of speech, but the law expressly encompassed all forms of support, and the dissent highlighted the ambiguity of trying to draw a firm line between money and speech. [read post]
12 Aug 2013, 11:42 am by Erwin Chemerinsky
Vermont law restricted contributions so that the amount that any single individual could contribute to the campaign of a candidate for state office during a “two-year general election cycle” was $400 for governor, lieutenant governor, and other statewide offices; $300 for state senator; and $200 for state representative. [read post]
9 Aug 2013, 7:51 am by Kevin Smith, J.D.
” This quote about Breyer’s “Uneasy Case” comes from a 2011 article by another law professor, Niva Elkin-Koren of the University of Haifa, called “The Changing Nature of Books and the Uneasy Case for Copyright. [read post]
4 Jul 2013, 10:55 am by Tamar Birckhead
 At one point, Justice Breyer asked with no small degree of sarcasm, "And what is the terrible thing, the awful thing that has to happen if the officer isn't sure whether this individual thinks he's in custody or not? [read post]
2 Jul 2013, 1:41 pm
Strangelove" (16) "Flight of the Conchords" (4) "Game Change" (2) "Get Smart" (1) "Gran Torino" (10) "Grey Gardens" (13) "I Shouldn't Be Alive" (4) "Limelight" (3) "Meet the Press" (20) "Moby Dick" (5) "My Dinner with Andre" (34) "Mystery Science Theater" (2) "Project Runway" (78) "Romy and Michele's High School Reunion" (3) "Seinfeld" (72) "Sex and the City" (14) "Slacker" (11) "Slumdog Millionaire" (16) "SNL" (60) "Sopranos" (50) "South Park" (71) "Star Trek" (12) "Star Wars" (25) "Survivor" (50)… [read post]
25 Jun 2013, 11:31 am by Mark Walsh
Breyer, Sonia Sotomayor, and Elena Kagan. [read post]
24 Jun 2013, 1:45 am by Kevin LaCroix
”   The majority opinion was written over a spirited dissent written by Justice Kagan, in which Justices Ginsburg and Breyer joined. [read post]
24 Jun 2013, 1:45 am by Kevin LaCroix
”   The majority opinion was written over a spirited dissent written by Justice Kagan, in which Justices Ginsburg and Breyer joined. [read post]
21 Jun 2013, 12:56 pm by Tejinder Singh
The plurality opinion held that because he did not expressly invoke his right in response to the officers’ questions, it was not at issue. [read post]
19 Jun 2013, 9:32 am by Michael Lowe
 Dissent Points Out Predicament:  Choose Between Incrimination by Silence or Incrimination by Speech – Because Silence Will Be Used Against You Now In the minority, Justices Breyer, Ginsburg, Sotomayor, and Kagan, dissented (Breyer wrote the dissent). [read post]
19 Jun 2013, 4:38 am
While he did answer almost all of the officers' questions, he refused to answer or even respond to the police officers question - regarding whether the shotgun casings found at the scene would match his gun. [read post]
17 Jun 2013, 11:00 pm by Rumpole
 Justices Breyer, Ginsburg, Kagan and Sotomayor fought the good fight against the evil empire. [read post]
17 Jun 2013, 1:21 pm by Lyle Denniston
The Breyer opinion was joined by Justices Ruth Bader Ginsburg, Elena Kagan, Anthony M. [read post]
13 Jun 2013, 12:05 pm by Kevin Miles
 (b) Myriad’s DNA claim falls within the law of nature exception. [read post]