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Google+A longstanding part of U.S. law, known as the exclusionary rule, is getting bruised. The rule requires courts to exclude – or throw out – some evidence seized by law enforcement through illegal searches. But a ruling last month by … Continued
constitution
Patent Gridlock Suppresses Innovation
The Founders might have used quill pens, but they would roll their eyes at how, in this supposedly technology-minded era, we’re undermining their intention to encourage innovation. The U.S. is stumbling in the transition from their Industrial Age to our … Continued
Analysis of Same-Sex Marriage Opinion in California
Balkinization – Grading the California same-sex marriage opinion: The California Supreme Court’s opinion is distressingly conclusory. It combines a tortured and probably unsalvageable substantive due process analysis with a strange, ultimately barely successful equal protection argument. If it is … Continued
Defense Department Jettisons Charges Against '20th Hijacker'
Law Blog – WSJ.com : Defense Department Jettisons Charges Against ’20th Hijacker’: On the Gitmo front, the last several weeks have brought the Bush administration a series of legal defeats. First, Gitmo’s former chief prosecutor turned against the Pentagon, testifying … Continued
Judge Posner Skewers Textualism-Originalism (Thomas, Scalia), And Reveals the Increasing Politicization of Judging by Conservatives
Judge Posner Skewers Textualism-Originalism (Thomas, Scalia), And Reveals the Increasing Politicization of Judging by Conservatives from Brian Tamanaha at Balkinization, quoting from Judge Posner’s new book, How Judges Think: This politically conservative response (“originalism” or “textualism-originalism”) — which under different … Continued
Canada judge rules emergency wiretap law unconstitutional
JURIST – Paper Chase: Canada judge rules emergency wiretap law unconstitutional: British Columbia Supreme Court Justice Barry Davies has ruled that Section 184.4 of the Canadian Criminal Code, which allows law enforcement officers to electronically intercept private communications in ‘exceptional … Continued
When you die, become an intellectual property donor.
kottke.org: When you die, become an intellectual property donor.: Why let all of your ideas die with you? Current Copyright law prevents anyone from building upon your creativity for 70 years after your death. Live on in collaboration with others. … Continued
The Public Library of Law
The Public Library of Law: What is the Public Library of Law? Searching the Web is easy. Why should searching the law be any different? That’s why Fastcase has created the Public Library of Law — to make it easy … Continued
Rothman on Custom in Intellectual Property
Legal Theory Blog: Rothman on Custom in Intellectual Property: The treatment of customary practices has been widely debated in many areas of the law, but there has been virtually no discussion of how custom is and should be treated in … Continued
No email privacy rights under Constitution, US gov claims
The Register: No email privacy rights under Constitution, US gov claims On October 8, 2007, the United States Court of Appeals for the Sixth Circuit in Cincinnati granted the government’s request for a full-panel hearing in United States v. Warshak … Continued
Senate and Bush Agree On Terms of Spying Bill
Washington Post – Senate and Bush Agree On Terms of Spying Bill: Senate Democrats and Republicans reached agreement with the Bush administration yesterday on the terms of new legislation to control the federal government’s domestic surveillance program, which includes a … Continued
Cheney's Law
PBS FRONTLINE – Cheney’s Law: For three decades Vice President Dick Cheney conducted a secretive, behind-closed-doors campaign to give the president virtually unlimited wartime power. Finally, in the aftermath of 9/11, the Justice Department and the White House made a … Continued
Judge Rules Parts Of Patriot Act Unconstitutional
cbs5.com – Judge Rules Parts Of Patriot Act Unconstitutional: (AP) PORTLAND, Ore. A federal judge ruled Wednesday that two provisions of the USA Patriot Act are unconstitutional because they allow search warrants to be issued without a showing of probable … Continued
The UC Irvine Fiasco
Belle Lettre writes: Prominent constitutional scholar Erwin Chemerinsky (Duke) was hired to be the inaugural dean of the new law school at UC Irvine. . . . UCI began a nationwide search for an inaugural dean, and Chemerinsky was one … Continued
Need a Research Topic?
Announcing ACS ResearchLink: Connecting Law Students and Lawyers Committed to Justice | American Constitution Society: ACS ResearchLink creates a valuable online resource for the legal community by collecting legal research topics submitted by practitioners for law students to explore in … Continued
Does the "Other Party" on a Wiretapped Line Have Any Privacy Rights?
So when the government is targeting a person’s communications, what rights does the person calling — or being called — have? What about if the target is overseas and the “other party” is in the United States? This is an … Continued
