Search for: "Will Harlan "
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1 Jul 2018, 9:01 pm
United States), such surveillance violated the Fourth Amendment, because it interfered with privacy, even though there was no physical intrusion into any constitutionally protected area (such as a house, person, paper, or effect).That decision and Justice Harlan’s concurrence in it have provided the rubric for analyzing Fourth Amendment search claims for many decades, until Justice Scalia began reimagining the right at issue as more directly connected to property. [read post]
20 Aug 2006, 7:37 pm
Cass Sunstein has recently argued that if Hubert Humphrey had won the 1968 election, then it is altogether possible that Michelman's vision (and FDR's call for a "Second Bill of Rights in 1944) would have been realized with the replacement of Warren, Fortas, Harlan and Black by judges quite diferent from Burger, Blackmun, Rehnquist and Powell. [read post]
1 Dec 2020, 3:44 am
Harlan, hijo del exjuez asociado de Tribunal Supremo de Estados Unidos, John Marshall Harland. [read post]
20 May 2010, 7:03 pm
And by the way, many of the leading advocates of civil rights for African Americans in the late 19th and early 20th century, including many of the radical Republicans, Frederick Douglass, Moorefield Storey, and even Justice John Marshall Harlan, would be considered, if not libertarians, at least libertarian fellow travelers on today’s ideological spectrum. [read post]
1 Mar 2010, 5:24 am
This morning Professor Philip Hamburger graciously responds to my blog post reacting to his new paper on Privileges or Immunities. [read post]
16 Jun 2024, 6:00 am
Introduction In many ways, the "Legal Process" approach to positive and normative legal theory dominated American legal thought in the second half of the twentieth century. [read post]
12 Jul 2014, 4:27 am
A few years after mishandling Dr. sawaf’s case, the attorney became a Circuit Judge in Harlan County, Kentucky (far southeastern Ky., on the Tennessee border). [read post]
15 Nov 2024, 4:47 am
David Feliba, Samantha Schmidt, Maxine Joselow, and Chico Harlan report for the Washington Post. [read post]
24 Jan 2017, 9:16 am
Forbestown Fatality Head-On Collision I’m Ed Smith, an Oroville car accident lawyer. [read post]
28 Jun 2019, 6:30 am
For the symposium on Lawrence Lessig, Fidelity and Constraint: How the Supreme Court Has Read the American Constitution (Oxford University Press, 2019).Fidelity and Constraintis a dazzling book-- crammed full of interesting ideas and a wealth of remarkable reinterpretations of the Constitutional canon-- written in an engaging and accessible style.There is so much packed into this book, in fact, that I will not be able to discuss all of its key ideas in a single blog post. [read post]
23 Nov 2013, 3:08 pm
Ulman (Harlan dissent) 2. [read post]
20 May 2022, 1:56 pm
For at least some of the Constitution, I agree with Justice Harlan's famous dissent in Poe v. [read post]
21 Mar 2011, 5:33 am
The test used to implement the Katz holding comes from a separate, concurring opinion by Justice Harlan, who wrote that (i) that a search violates a reasonable expectation of privacy and (ii) that a reasonable expectation of privacy exists when someone subjectively believes a place or thing is private and society agrees that the person’s subjective expectation is objectively reasonable. [read post]
17 Apr 2024, 9:01 pm
The renowned judges who have served on the United States Court of Appeals for the Second Circuit include John Marshall Harlan, Thurgood Marshall, Learned Hand, and Henry Friendly. [read post]
26 Oct 2022, 4:42 am
Signup to receive the Early Edition in your inbox here. [read post]
3 Dec 2024, 11:41 am
The court just agreed to this last Wednesday; here's the earlier panel decision (Henderson v. [read post]
17 Jul 2018, 9:01 pm
Under language taken from Justice John Harlan’s opinion in Katz, police must act reasonably whenever they propose to invade a subjective expectation of privacy that is objectively reasonable.After Katz came down, the Court had to revisit some of its older decisions to see how they fared in the world of reasonable privacy expectations. [read post]
19 Dec 2017, 9:01 pm
Katz, the Court has discussed most searches as invasions of “reasonable expectations of privacy,” language taken from Justice Harlan’s concurring opinion in Katz. [read post]
11 Jul 2023, 6:39 am
Green, 399 U.S. 149, 174 (1970) (Harlan, J., concurring) (“History seems to give us very little insight into the intended scope of the Sixth Amendment Confrontation Clause. [read post]
25 Oct 2011, 6:37 am
Does Justice Harlan’s two-part search standard (a subjective expectation of privacy, which is objectively reasonable), stated in his concurrence and embraced as the Katz governing standard ever since, accurately capture the majority ruling? [read post]
