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Deference to Congress’ Findings
To defer to Congress without sufficient review would ignore the Supreme Court’s constitutional role: “It is emphatically the province and duty of the judicial department to say what the law is.” Marbury v. Madison, 5 U.S. 137, 177 (1803). Allowing Congress to force the Court through one-sided “findings of fact” to declare a statute constitutional […]
March 2007 / 2 min.
New Jersey and the Right to Privacy
[T]he right to privacy of New Jersey citizens under our State Constitution has been expanded to areas not afforded such protection under the Fourth Amendment… . [O]nly New Jersey appears to have recognized a right to what has been called “informational privacy.” In general, “informational privacy encompasses any information that is identifiable to […]
March 2007 / 2 min.
Search & Seizure of Stored Email
Can the government conduct secret, warrantless searches and seizures of email stored with a third party? In Warshak v. United States, the 6th U.S. Circuit Court of Appeals is currently considering the issue of government access to stored electronic mail without a probable-cause warrant. The appeal originated out of a district court finding that stored […]
March 2007 / 1 min.
Balance and the 4th Amendment
A fundamental point of contention in a democratic society is the need to balance the enforcement of laws with the rights of citizens. In the United States, the 4th Amendment to the Constitution protects the rights of citizens to be free from “unreasonable search and seizure.” Throughout our history, the exact meaning of this broad […]
March 2007 / 1 min.
Computer Science Professors’ Brief in Grokster
Amici write to call to the Court’s attention several computer science issues raised by Petitioners and amici who filed concurrent with Petitioners, and to correct certain of their technical assertions. First, the United States’ description of the Internet’s design is wrong. P2P networks are not new developments in network design, but rather the design on […]
March 2005 / 2 min.
U.S. bans juvenile executions
It’s nice to join the international community on occasion: Supreme Court Abolishes Juvenile Death Penalty Some interesting snippets from the ruling include: Neither retribution nor deterrence provides adequate justification for imposing the death penalty on juvenile offenders, Justice Anthony Kennedy wrote in the 25-page opinion. “It is proper that we acknowledge the overwhelming weight of […]
March 2005 / 2 min.