Category Archives: SCOTUS

Wired: Anthony Kennedy’s Retirement May Have Huge Consequences for Privacy

Wired: Anthony Kennedy’s Retirement May Have Huge Consequences for Privacy by Louise Matsakis:

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Slate: What’s Next for the Reasonable Expectation of Privacy?

Slate: What’s Next for the Reasonable Expectation of Privacy? by Mike Godwin: The Supreme Court’s ruling in Carpenter raises new questions.

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The Crime Report: Has High Court Privacy Ruling ‘Future-Proofed’ the Fourth Amendment?

The Crime Report: Has High Court Privacy Ruling ‘Future-Proofed’ the Fourth Amendment? by TCR Staff:

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Vox: The latest Supreme Court decision is being hailed as a big victory for digital privacy. It’s not.

Important article: Vox: The latest Supreme Court decision is being hailed as a big victory for digital privacy. It’s not. by Aziz Huq: Carpenter forces police to get a warrant before getting some cellphone data. But other Fourth Amendment cases … Continue reading

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Slate: Sotomayor, Fourth Amendment Visionary

Slate: Sotomayor, Fourth Amendment Visionary by Mark Joseph Stern How the Supreme Court vindicated the justice’s prescient theory of digital privacy.

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HotAir: Justice Gorsuch’s fascinating, constitutional dissent in Carpenter

HotAir: Justice Gorsuch’s fascinating, constitutional dissent in Carpenter by Taylor Millard Because the majority didn’t go far enough. Still, it should have been a concurrence.

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WaPo: Editorial: Congress must reckon with the Fourth Amendment and new technology

WaPo: Editorial: Congress must reckon with the Fourth Amendment and new technology A 5-to-4 decision suggests the Supreme Court’s view of “unreasonable searches” is evolving. The House and Senate should clarify the legal standard.

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SCOTUSBlog: Opinion analysis: With facts like these … Lozman v. City of Riviera Beach

SCOTUSBlog: Opinion analysis: With facts like these … Lozman v. City of Riviera Beach by Heidi Kitrosser:

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Terry v. Ohio decided 50 years ago today

Today, Sunday, June 10th, is the 50th Anniversary of Terry v. Ohio, 392 U.S. 1 (1968). Ohio’s Eighth District Court of Appeals opinion is also noteworthy, drawing on common law and whatever recent authority there was, considering the court of … Continue reading

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Rewire.com: Clarence Thomas Manages to Be Wrong Even When He’s on the Right Side

Rewire.com: Clarence Thomas Manages to Be Wrong Even When He’s on the Right Side by Imani Gandy. You don’t have to agree. At least think about it.

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New Law Review Article: “The vast majority of current Fourth Amendment doctrine unfounded, incoherent, and dangerous.”

Gray David, The Fourth Amendment Categorical Imperative, 116 Mich. L. Rev. Online 14 (2017): The vast majority of current Fourth Amendment doctrine unfounded, incoherent, and dangerous.

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Law.com: Why Some Judicial Nominees Struggle When Asked About ‘Brown v. Board of Education’

Law.com: Why Some Judicial Nominees Struggle When Asked About ‘Brown v. Board of Education’ by Tony Mauro: For some nominees, the concern is that by answering explicitly, they would be viewed as biased. For others, the decisions they are being … Continue reading

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