Category Archives: Uncategorized

Trial the rest of week, so postings likely late

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Treatise 25% off through Friday midnight PT

Treatise 25% off through Friday midnight PT.

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Volokh Conspiracy: Final Pre-Argument Thoughts on the Microsoft Case

Volokh Conspiracy: Final Pre-Argument Thoughts on the Microsoft Case by Orin Kerr: Three thoughts about the briefing in the case ahead of Tuesday’s oral argument.

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15th anniversary of this blog; 257th anniversary of Otis’ argument in Paxton’s Case

Today is the 15th anniversary of this blog. Today is also the 257th anniversary of James Otis’ 1761 argument at the Boston Old State House against the writs of assistance in Paxton’s Case. Transcripts of the argument are here. (It … Continue reading

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Criminal defense lawyers as privacy advocates

Being a criminal defense lawyer is a great privilege and an opportunity. It was obvious to me early in law school 48 years ago that the law of American privacy is made by criminal defense lawyers raising and litigating issues. … Continue reading

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Above the Law: The Vanilla Ice Rule: “Anything less than the best is a felony.”

Above the Law: The Vanilla Ice Rule by Matthew W. Schmidt: Litigators must remember that “anything less than the best is a felony.”

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First rate appellate CLE in Arkansas 3/28-29, not just 8th Cir. focused

2018 Justice Donald L. Corbin Appellate Symposium, March 28-29th in Little Rock at Bowen School of Law. Lawyers in surrounding states, please take notice. Three judges from the 8th, one from the 6th, 9th, and 11th and a state or … Continue reading

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NJ: Affidavit for SW doesn’t need to be turned over at bail hearing where arrest doesn’t rely on SW under NJ law

When the state is not relying on the product of a search warrant for its arrest warrant, it does not have to disclose the search warrant affidavit under state law at the detention hearing – it can wait until later … Continue reading

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WaPo: How to fight mass surveillance even though Congress just reauthorized it

WaPo: How to fight mass surveillance even though Congress just reauthorized it by Bruce Schneier What the battle looks like after Section 702’s reauthorization.

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In jury trial this week, so posts will be late

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techdirt: Report Shows US Law Enforcement Routinely Engages In Parallel Construction

techdirt: Report Shows US Law Enforcement Routinely Engages In Parallel Construction by Tim Cushing:

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Volokh Conspiracy: The Challenge of Fourth Amendment Originalism and the Positive Law Test

Volokh Conspiracy: The Challenge of Fourth Amendment Originalism and the Positive Law Test by Orin Kerr: If the Positive Law test is originalist, then what isn’t? A close look at Fourth Amendment history and some recent scholarship.

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