Category Archives: SCOTUS

Today is [or maybe] the 414th anniversay of Semayne’s Case and judicial recognition of knock-and-announce and the castle doctrine

Today (as best as can be determined) is the 414th anniversary of Semayne’s Case recognizing both knock-and-announce and the castle doctrine at common law. Back then, the dates of decisions weren’t as important and they appeared in reporters well after … Continue reading

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Lawfare: The Best Way to Rule for Carpenter (Or, How to Expand Fourth Amendment Protections Without Making A Mess)

Lawfare: The Best Way to Rule for Carpenter (Or, How to Expand Fourth Amendment Protections Without Making A Mess) by Orin Kerr:

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Police News: How SCOTUS impacted law enforcement in 2017

Police News: How SCOTUS impacted law enforcement in 2017 by Terrence P. Dwyer

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The Hill: SCOTUS justices are ready to tackle privacy rights in the digital age

The Hill: SCOTUS justices are ready to tackle privacy rights in the digital age by Alan Butler: This case will not be decided in a vacuum, and it appears that the justices appreciate both the magnitude of the moment and … Continue reading

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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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