Category Archives: SCOTUS

WaPo: ‘The Volokh Conspiracy’ Blog: Thoughts on property and positive law after the Carpenter oral argument

WaPo: ‘The Volokh Conspiracy’ Blog: Thoughts on property and positive law after the Carpenter oral argument by Will Baude:

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Law and Liberty: The Original Meaning and the Carpenter Case: “Their Papers”

Law and Liberty: The Original Meaning and the Carpenter Case: “Their Papers” by Mike Rappaport:

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The Atlantic: A Liberal-Conservative Alliance on the Supreme Court Against Digital Surveillance

The Atlantic: A Liberal-Conservative Alliance on the Supreme Court Against Digital Surveillance Jeffrey Rosen: Justices found common ground in asserting the relevance of the Fourth Amendment in the electronic age, even as they cited sharply different rationales.

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The Hill: It’s too easy for the government to invade privacy in name of security

The Hill: It’s too easy for the government to invade privacy in name of security by Jonathan Turley:

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Carpenter argument now online and Kerr’s comments

Transcript here. Orin Kerr’s video comments here. Kerr’s twitter post with link added: Summary of Carpenter argument using the “four models” framework: Carpenter may win based on several Justices relying on the policy model and one Justice relying on the … Continue reading

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NYTimes: Justices Seem Ready to Boost Protection of Digital Privacy

NYTimes: Justices Seem Ready to Boost Protection of Digital Privacy by Adam Liptak:

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NYTimes: How a Radio Shack Robbery Could Spur a New Era in Digital Privacy

NYTimes: How a Radio Shack Robbery Could Spur a New Era in Digital Privacy by Adam Liptak It could also seal the fate of our lack of right to privacy in information unless Congress acts. Considering all the FISA posturing … Continue reading

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Cato: Protecting the Home from Warrantless Searches: Collins v. Virginia

Cato: Protecting the Home from Warrantless Searches by Jay Schweikert:

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WaPo: The Volokh Conspiracy Blog: Four thoughts on the briefing in Carpenter v. United States

WaPo: The Volokh Conspiracy Blog: Four thoughts on the briefing in Carpenter v. United States by Orin Kerr: The Supreme Court will hear argument on Nov. 29th in Carpenter v. United States, a case on whether the Fourth Amendment applies … Continue reading

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Carpenter oral set for Nov. 29, briefs all in

The oral argument in the cell site location information-third party doctrine case this past week was set for November 29th. ScotusBlog here with links to all the briefs, both parties and amici. Petitioner’s brief Amici: Competitive Enterprise Institute, et al. … Continue reading

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Cert. granted: Collins v. Virginia (does automobile exception apply to search a vehicle parked near to a house on curtilage)

Cert. granted: Collins v. Virginia, 16-1027 (ScotusBlog) Issue: Whether the Fourth Amendment’s automobile exception permits a police officer, uninvited and without a warrant, to enter private property, approach a house and search a vehicle parked a few feet from the … Continue reading

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SCOTUSBlog: Argument preview: Parties, probable cause and the Fourth Amendment (DC v. Wesby)

SCOTUSBlog: Argument preview: Parties, probable cause and the Fourth Amendment (DC v. Wesby) by Amy Howe: When District of Columbia police officers Andre Parker and Anthony Campanale responded to reports of unauthorized goings-on at a supposedly vacant home nearly a … Continue reading

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