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Encryption and Law Enforcement Investigations: Police Access to Encrypted Data
25 Jan 2023, 2:14 pm by Michael Lowe
  For instance, the Fourth Amendment to the United States Constitution and article I, section 9 of the Texas Constitution both protect against unreasonable searches and seizures. [read post]
Dallas Criminal Defense Lawyer Blog - http://www.dallasjustice.com/dallascriminallawyerblog
Toward Public Identity Constitutionalism
20 Jan 2023, 6:30 am by Guest Blogger
Consider the reforms of Solon and then of Cleisthenes in Athens, the outcome of the Social War in Rome, and of course the Reconstruction Amendments, the expansion of the franchise to women, and similar moments in the United States. [read post]
Balkinization - http://balkin.blogspot.com/
The government’s use of a former cellmate’s testimony to introduce a defendant’s statements about his planned trial strategy didn’t violate the Sixth Amendment right to the effective assistance of counsel where the witness wasn’t a government informant when the defendant confided in him. Also, a federal probation officer’s warrantless search of the home and car of a person “serving a term of supervised release” didn’t violate the Fourth Amendment because the probation officer needed only a “reasonable suspicion” to search, not a warrant or probable cause. United States v. Chandler, No. 18-1841, 56 F.4th 27 (2d Cir. [Dec. 27,] 2022) (C.J.J.’s Lynch, Carney, and Sullivan).
17 Jan 2023, 7:34 am by Darrell Fields
United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
The Defense and a Special Prosecutor Agree About Unfairness in a Missouri Capital Case: Will That Be Enough to Stop an Execution?
27 Nov 2022, 9:01 pm by Austin Sarat
The first trial ended in a mistrial when jurors could not agree on whether he should be convicted of second-degree or first-degree murder.In advance of that trial, the prosecutors developed a strategy to get around the requirements of the United States Supreme Court’s 1986 Batson v Kentucky decision. [read post]
Verdict - http://verdict.justia.com/
[David Kopel] The legal history of bans on firearms and Bowie knives before 1900
20 Nov 2022, 9:55 am by David Kopel
Cockrum v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[David Kopel] Bowie knife statutes 1837-1899
20 Nov 2022, 9:53 am by David Kopel
Another Bowie knife law was also signed on May 13 by Governor Charles Lynch. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Spooky Torts: The 2022 List of Litigation Horrors
30 Oct 2022, 10:01 am by jonathanturley
However, it is a modified comparative negligence state so they must show that they are 50 percent or less at fault. [read post]
Jonathan Turley - https://jonathanturley.org/
A due-process claim from a man on death row hinges on how the justices view an Arizona procedural rule
29 Oct 2022, 1:18 pm by Alexis Hoag-Fordjour
Supreme Court corrected the issue in Lynch v. [read post]
SCOTUSblog - http://www.scotusblog.com/
Russian Torture and American (Selective) Memory
13 Oct 2022, 6:05 am by Joseph Margulies
Habib, who is Australian, had been one of the four petitioners in Rasul v. [read post]
Just Security - https://www.justsecurity.org/
Habeas petition is revived on appeal after district court dismissed case sua sponte
23 Sep 2022, 11:20 am by Second Circuit Civil Rights Blog
United States, a 2018 Supreme Court case holding that "the mere fact that a driver in lawful possession or control of a rental car is not listed on the rental agreement will not defeat his or her otherwise reasonable expectation of privacy. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
Saving the Constitution or Saving America: Are they Identical Projects?
13 Sep 2022, 6:30 am by Guest Blogger
  I think it is somewhat telling that Jennifer’s caution leads her to try to ask if there are any real defenses for what I find one of the truly indefensible features of the Constitution—the allocation in the Senate of equal voting power by states. [read post]
Balkinization - http://balkin.blogspot.com/
SEC Chair Gensler Speaks on Crypto and the Securities Laws
8 Sep 2022, 9:01 pm by Gary Gensler
”[3] He further stated, “Congress’ purpose in enacting the securities laws was to regulate investments, in whatever form they are made and by whatever name they are called. [read post]
The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/
A prior conviction under N.Y. Penal Law § 130.50(3) (1965) categorically “relates to” the sexual abuse of a minor, justifying the sentencing enhancements (for child pornography offenses) of 18 U.S.C. § 2252A(b)(1) and (b)(2) — which aren’t unconstitutionally vague. United States v. Ragonese, No. 20-3371-cr, __F.4th__ , 2022 WL 3903437 (2d Cir. Aug. 31, 2022) (Sack, Lynch, and Bianco, Circuit Judges).
6 Sep 2022, 10:07 am by Darrell Fields
United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
August 19, 1937 – Justice Hugo Black takes Supreme Court Oath of Office
19 Aug 2022, 1:01 am by rhapsodyinbooks
United States (1944), which upheld the Japanese-American internment during World War II. [read post]
Legal Legacy - http://legallegacy.wordpress.com
[David Kopel] Restoring the right to bear arms, New York State Rifle and Pistol Association v. Bruen
9 Aug 2022, 9:19 am by David Kopel
After the Supreme Court decided United v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Second Circuit: Application of an Extradition Treaty’s “Lapse of Time” Provision is a Discretionary Decision for the Secretary of State, and Not for the Court.
4 Aug 2022, 7:04 am by Colleen Cassidy
United States, 21-2755(2d Cir. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Paul Weiss Discusses Second Circuit Ruling on Liability Under Rule 10b-5(a) and (c)
2 Aug 2022, 9:01 pm by Geoffrey R. Chepiga, Andrew J. Ehrlich, Walter G. Ricciardi, Kannon K. Shanmugam and Audra J. Soloway
Merrill Lynch & Co., 396 F.3d 161, 177 (2d Cir. 2005). [5]        Lorenzo, 139 S. [read post]
The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/
Killing Them Easier: USPTO “Reverses” the Federal Circuit on Genericness
1 Aug 2022, 1:39 pm by Holly Brezee
United States, 281 F.3d 1234, 1239–40 (Fed. [read post]
Dunlap Bennett & Ludwig Blog - https://www.dbllawyers.com/blog/
Early Edition: July 29, 2022
29 Jul 2022, 4:42 am by Emma Snell
The office of Inspector General Joseph V. [read post]
Just Security - https://www.justsecurity.org/
Second Circuit Declines to Allow SEC Rule 10b-5 Claim for “Scheme Liability” to Proceed Where the Alleged Misconduct Amounted Only to the Making of Material Misstatements or Omissions 
22 Jul 2022, 9:06 am by John Stigi and Alejandro Moreno
In SEC v. [read post]
Corporate Securities Law Blog - http://www.corporatesecuritieslawblog.com/