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7 May 2019, 9:01 pm by Sherry F. Colb
And that is exactly what the Court said in Katz (or actually, what Justice Harlan said in a concurring opinion, which later became what the Court described as the Katz rule).If we examine the phrase “reasonable expectation of privacy,” we find at least two components: whether a person in fact expects this and whether, from some independent perspective, it is appropriate, sensible, or legitimate to demand that this expectation be fulfilled. [read post]
25 May 2023, 11:06 am by Lana Ulrich
Justice John Marshall Harlan disagreed that the law should be upheld, stating in a lone dissent that, “in view of the Constitution, in the eye of the law, there is in this country no superior, dominant, ruling class of citizens. [read post]
27 Sep 2017, 3:06 am by Scott Bomboy
" Justice Harlan Stone was the only dissenter in the decision, mostly on religious grounds. [read post]
29 Jul 2024, 9:56 am by Josh Blackman
  Has Justice Thomas decided any case in which Harlan Crowe was a party? [read post]
29 Jul 2023, 3:09 pm by Ilya Somin
Some of the largesse Justice Thomas got from conservative billionaire Harlan Crow, goes beyond what can reasonably be justified. [read post]
19 Jan 2011, 7:42 pm
 It is at the very least hard to square with the key passage of the opinion widely regarded to be the font of modern substantive due process, Justice Harlan's dissent (on procedural grounds) in Poe v. [read post]
21 May 2009, 5:25 pm
Leila Atassi and Harlan Spector of the CLEVELAND PLAIN DEALER are also covering the story: Health officials did not identify the girl or provide details of the circumstances that led to her death. [read post]
20 Oct 2023, 2:23 pm by Will Baude
Perhaps the regulation in Lochner was actually a reasonable one, as Justice Harlan argued in dissent. [read post]
25 Sep 2018, 11:56 am by Adam Feldman
When we push back to 1965, a full 42 percent of the 90 justices’ argument slots were silent, including all 10 from Justices William Douglas and John Marshall Harlan. [read post]
21 Jun 2011, 7:58 am by Nabiha Syed
Both the WSJ Law Blog and National Review Online Bench Memos respond to a recent New York Times article on Justice Thomas and his relationship with a Dallas real estate developer, Harlan Crow, to which James linked yesterday. [read post]
15 Nov 2011, 7:13 am by Ken Kersch
Then floor-setting with openness to variance (Scottsboro; John Marshall Harlan’s approach to incorporation, including in criminal cases like the ones now coming before the Court). [read post]
29 Jul 2021, 9:00 pm by Austin Sarat
And progressives, who have long defended the exercise of judicial review as being critically important for the protection of what Justice Harlan Fiske Stone called “distinct and insular minorities,” have reason to reconsider, if not rethink, their veneration of that power and prerogative.That rethinking must be broad and deep, and one which is more penetrating, perhaps more radical, than the experts and our leading politicians may be willing to go.As I will try to show, we need… [read post]
21 Nov 2016, 11:44 am by Andrew Hamm
Instead, the audience met Justice Oliver Wendell Holmes in his summer home in Beverly Farms, Massachusetts; Justice James McReynolds in heated debate with (future justice) Felix Frankfurter over dinner at a Washington row house; Justice Louis Brandeis arguing on his front porch in pajamas; Justice Harlan Fiske Stone on a remote island off the coast of Maine, reachable only by chartered fishing boat; and Chief Justice William Howard Taft on the phone in Point-au-Pic, Quebec. [read post]
He’s recently been under fire again following the discovery of his ties to Harlan Crow, a GOP mega-donor who took him on luxury vacations. [read post]
3 Jan 2012, 5:33 am by Paul Maharg
Working deep in the archives of the William Butler Library at Columbia on Dean Harlan Stone’s papers, back in 2006, I got a powerful sense of déjà vu. [read post]
10 Nov 2010, 10:00 am by WSLL
Wendtland of Wendtland & Wendtland, Sheridan, WYRepresenting Appellee (Petitioners): Harlan Rasmussen, Sheridan, WYDate of Decision: November 10, 2010Facts: Appellant protested against a petition filed by the Appellees for the establishment of a private road across lands owned by Appellant. [read post]