Common Law
Florida v. Jardines: Why the Supreme Court Did Not Say Trespass
Author: Bradley PollinaPosted on May 7th, 2013 | Comments Off
Introduction The Supreme Court recently handed down its decision in Florida v. Jardines,[1] affirming by a 5-4 vote the Florida Supreme Court’s ruling[2] that the police use of a trained narcotics detection dog on the front porch of a home is a “search” within the meaning of the Fourth Amendment. This case…
Continue reading...Justice Thomas and Affirmative Action: Bad Faith, Confusion, or Both
Author: Eric J. SegallPosted on February 15th, 2013 | Comments Off |
The Supreme Court recently heard arguments in Fisher v. University of Texas at Austin,[1] a lawsuit challenging racial preferences used by the University of Texas to admit a diverse undergraduate class. Although there are a number of uncertainties about the case—that is, will Justice Kennedy vote with the conservatives to…
Continue reading...Why Police Learn from Third-Party Data
Author: Randall K. JohnsonPosted on January 22nd, 2013 | Comments Off |
Introduction Does lawsuit data collection deter police misconduct lawsuits? One might think so, judging from recent scholarship on police accountability and deterrence.[1] The best of this work argues that police learn from lawsuit data collection, without actually proving the point.[2] While I agree with the premise that law enforcement agencies…
Continue reading...(Non)Gambling Corruption in Sports
Author: Ryan M. RodenbergPosted on November 22nd, 2012 | Comments Off |
The Professional and Amateur Sports Protection Act (“PASPA”), a federal statute banning state-sponsored sports gambling nationwide except in Nevada, Delaware, Oregon, and Montana, celebrated its twentieth anniversary on October 28, 2012.[1] If New Jersey voters and the state’s governor have their way, PASPA will not reach its twenty-first birthday. On…
Continue reading...Social Networking and Leadership Accountability in (Quasi) Secret Organizations
Author: Gregory S. ParksPosted on November 7th, 2012 | Comments Off |
Introduction Almost a century ago, United States Supreme Court Justice Louis Brandies articulated an insightful analysis in a Harper’s Weekly article titled What Publicity Can Do.[1] He noted that “[p]ublicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants;…
Continue reading...Beer v. the First Amendment: the Troubling Implications of the Fourth Circuit’s Decision in Swecker
Author: Robert SamuelPosted on April 22nd, 2012 | No Comments |
American universities are known both for their students’ enthusiasm for alcohol and for producing popular student-run newspapers.[1]But is there a connection between alcohol consumption and student media? The Virginia Beverage Control Board (“VBCB”), an agency of the Commonwealth of Virginia, said “yes.” To counter this perceived problem, the VBCB promulgated…
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Latest From the Blog Roll
A Dog Bites Meat Story: Dogs Sniff Out Meat More Effectively than Drugs
May 22, 2013(Ilya Somin) This Vancouver Sun article reports that dogs are much more effective at sniffing out meat than drugs [HT: Steve Bainbridge]: Federal search dogs at international border entry points have a penchant for sniffing out one thing more than anything else: meat. In fact, dogs trained to find animal products turn up meat around 20 times […]
"Courts to hear birth control mandate lawsuits"
May 22, 2013"Courts to hear birth control mandate lawsuits": Politico.com has a report that begins, "Obamacare's birth control mandate will go before four different appeals courts over the next three weeks as private businesses that object to the policy on religious liberty grounds bring a barrage of lawsuits that opponents hope to get before the U.S […]
"Supreme Court Notebook: Sotomayor at Yale."
May 22, 2013"Supreme Court Notebook: Sotomayor at Yale." Mark Sherman of The Associated Press has this report. […]
"Prop C Wins: LA Voters Send Strong Message Against Supreme Court's Citizens United Ruling."
May 22, 2013"Prop C Wins: LA Voters Send Strong Message Against Supreme Court's Citizens United Ruling." The Huffington Post has this report. […]
"Judge Rubenstein fights state Supreme Court's takeover of mandatory retirement suit"
May 22, 2013"Judge Rubenstein fights state Supreme Court's takeover of mandatory retirement suit": This article appears today in The Bucks County (Pa.) Courier Times. […]
"Lawyers look to Alabama Supreme Court on juvenile killer sentences after legislature fails to act"
May 22, 2013"Lawyers look to Alabama Supreme Court on juvenile killer sentences after legislature fails to act": The Birmingham News has this report. […]
"Christie calls Justice Albin a 'grandstander,' chastises state Supreme Court"
May 22, 2013"Christie calls Justice Albin a 'grandstander,' chastises state Supreme Court": The Newark (N.J.) Star-Ledger has this report. […]
"Activists seek to keep PA chief justice Castille from another 10-year term; They lay out their case for ousting chief justice in the November election; He defends his record"
May 22, 2013"Activists seek to keep PA chief justice Castille from another 10-year term; They lay out their case for ousting chief justice in the November election; He defends his record": This article appeared yesterday in The Morning Call of Allentown, Pennsylvania. The Associated Press reports that "Activist group launches campaign to derail state Supr […]
"Legal fraternity 'shattered' by sudden death of senior judge"
May 22, 2013"Legal fraternity 'shattered' by sudden death of senior judge": The New Zealand Herald has this report from APNZ. […]
"9th Circuit strikes down Arizona abortion law"
May 22, 2013"9th Circuit strikes down Arizona abortion law": Today's edition of The Arizona Republic contains this front page article. In today's edition of The San Francisco Chronicle, Bob Egelko reports that "Court rejects Arizona abortion law." And today's edition of The New York Times reports that "Arizona Law on Abortions Str […]