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17 Dec 2018, 8:36 am by Orin Kerr
 After going through the pros and cons of different approaches, the chapter concludes that the best way to measure an invasion of privacy is a source rule: Any government collection of any amount of Carpenter-protected information, no matter how small or unilluminating in a particular case, should be treated as a search. [read post]
13 Jul 2022, 5:01 am by Paul Ohm, Matthew Tokson
  In all of these cases, the relative influence of the Katz and Carpenter tests seems to be largely a matter of judicial whim. [read post]
31 Jul 2019, 3:05 pm by Shea Denning
The Carpenter Court said its decision was “narrow” and that it was not expressing a view on matters such as real-time CSLI or tower dumps. [read post]
17 Dec 2018, 6:47 am by Orin Kerr
After going through the pros and cons of different approaches, the chapter concludes that the best way to measure an invasion of privacy is a source rule: Any government collection of any amount of Carpenter-protected information, no matter how small or unilluminating in a particular case, should be treated as a search. [read post]
25 Jul 2018, 8:36 am by Sharon Bradford Franklin
This analysis has also been criticized, both because metadata can be highly revealing, and because, as a technical matter, the line between content and metadata is a blurred boundary. [read post]
4 Aug 2017, 10:39 am by Orin Kerr
Why does this history matter for Carpenter? [read post]
14 Sep 2017, 7:34 am by Matthew L.M. Fletcher
One factor was a pattern of congressional deference to the President in matters relating to Indian policy. [read post]
9 Aug 2016, 6:32 am by Matthew L.M. Fletcher
Kristen Carpenter has published “Indian Status Is Not Racial: Understanding ICWA as a Matter of Law and Practice” as part of the CATO Unbound series on the Indian Child Welfare Act. [read post]
12 Feb 2009, 10:30 am
KRS 26A.300(1) prohibits the collection of damages on a first appeal as a matter of right. [read post]
17 Nov 2017, 12:06 pm by Orin Kerr
First you run into the problem of identifying exactly what expectation matters. [read post]
14 Mar 2012, 6:13 am by Matthew L.M. Fletcher
The courts have often perceived the Indian claims as too broad or idiosyncratic to recognize as a matter of right. [read post]