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
"The Corporate-Friendly Court"
May 19, 2013"The Corporate-Friendly Court": Lincoln Caplan will have this essay in the Sunday Review section of tomorrow's edition of The New York Times. […]
Visualizing International Criminal Justice
May 19, 2013By Kevin Jon Heller
I want to call readers’ attention to a remarkable new report on international criminal justice authored by Daniel McLaughlin, a former legal officer at the ECCC, for Fordham’s Leitner Center for International Law & Justice. As the introduction states, the report is an attempt — a very successful one — to […]
Colorado Sheriffs file Second Amendment lawsuit against anti-gun bills
May 18, 2013(David Kopel) On Friday, May 17, fifty-four Colorado Sheriffs filed a civil rights lawsuit in Federal District Court in Denver, against two anti-gun bills passed by the Colorado legislature in March. Joining the Sheriffs as Plaintiffs are the Colorado Farm Bureau, disabled persons, Outdoor Buddies (an organization that helps disabled persons participate in o […]
The Week that Was: All of Lawfare in One Post
May 18, 2013On the Lawfare menu this week was a lot of discussion of the 2001 Authorization for the Use of Military Force, docket updates in a number of related court cases, detention matters, surveillance law, two new podcasts, and quite a … Read more » […]
"Nebraska Supreme Court limits school searches to campus"
May 18, 2013"Nebraska Supreme Court limits school searches to campus": Today's edition of The Omaha World-Herald contains an article that begins, "Off-campus parking at Nebraska high schools may be at a premium after a ruling by the state's high court on Friday." You can access yesterday's ruling of the Supreme Court of Nebraska at thi […]
"Supreme Court asked to intervene in lacrosse case"
May 18, 2013"Supreme Court asked to intervene in lacrosse case": Today's edition of The Herald-Sun of Durham, North Carolina contains an article that begins, "A trio of former Duke University lacrosse players has asked the U.S. Supreme Court to reverse a lower-court ruling and reinstate their federal civil-rights case against the city and its police. […]
Thoughts on a Blue-Sky Overhaul of Surveillance Laws: Introduction
May 18, 2013[Editor's Note: This is the first in a series of four posts, in which David S. Kris discusses the possibility of wide-ranging reform to U.S. surveillance law.] A paper I wrote for Ben Wittes a few years ago discussed … Read more » […]
Review of Star Trek: Into Darkness
May 18, 2013(Ilya Somin) My wife and I recently watched Star Trek: Into Darkness, the second in the series of J.J. Abrams-directed”reboot” Star Trek movies that began in 2009. On the plus side, the film had some impressive action scenes and special effects. It also had more and somewhat better character development than its predecessor. Long-time fans of the […]
"A Supreme visit: Chief Justice Roberts makes historic visit to region."
May 18, 2013"A Supreme visit: Chief Justice Roberts makes historic visit to region." The Observer of Dunkirk, New York contains this front page article today. […]
Weekend Roundup: May 11-17, 2013
May 18, 2013By An Hertogen
This week on Opinio Juris, Kevin was surprised by an unexpected dissenter in Kenya’s request to the Security Council to terminate the ICC’s Kenya cases. He also analysed whether the ICC has jurisdiction over Israel’s attack on the Mavi Marmara and particularly whether the flotilla attack qualifies as a “situation”. He followed u […]