The Law Review
An Infographic Based on “When Petitioners Seek Custody in Domestic Violence Court and Why We Should Take Them Seriously” By Suzanne Reynolds and Ralph Peeples
Author: the Wake Forest Law ReviewPosted on April 24th, 2013 | Comments Off
Kentucky v. King: The One Where the Supreme Court Dishonors the Warrant Requirement in Drug Cases
Author: Elizabeth SargeantPosted on April 1st, 2013 | Comments Off |
The Constitution protects each of us from unreasonable searches and seizures.[1] Police officers may not enter our homes without a warrant issued by a neutral magistrate on a showing of probable cause.[2] This procedural safeguard may be overlooked, however, when exigent circumstances arise and make a warrantless search reasonable.[3] Exigent…
Continue reading...Time to Stand: Exploring the Past, Present, and Future of Nonhuman Animal Standing
Author: Emma A. MadduxPosted on April 1st, 2013 | Comments Off |
Introduction In November 1983, two-year-old baby Tilikum was torn from his family near Iceland and sold to an entertainment enterprise. He was forced to perform eight times a day, seven days a week and he shared a small metal compartment with two other captives. Tilikum has been attacked several times;…
Continue reading...Knowledge in the People: Rethinking “Value” in Public Rulemaking Participation
Author: Farina, Epstein, Heidt, Newhart, and CeRIPosted on April 1st, 2013 | Comments Off |
Introduction Why is it . . . that in the middle of listening to someone give their side of a problem I have a natural inclination to make a list, to break their story down into parts such as issues and concerns? But, when I ask them about issues, they seem to have a…
Continue reading...Regulating Data Mining Post-Sorrell: Using HIPAA to Restrict Marketing Uses of Patients’ Private Medical Information
Author: Beverly CohenPosted on April 1st, 2013 | Comments Off |
Introduction On June 23, 2011, the United States Supreme Court, in Sorrell v. IMS Health Inc.,[1] determined that Vermont’s law prohibiting pharmacies from selling prescription data to “data-mining companies” violated the Free Speech Clause of the First Amendment.[2] Data miners purchased the prescription data to aggregate and resell it to…
Continue reading...Alternative Litigation Finance and the Work-Product Doctrine
Author: Grace M. GieselPosted on April 1st, 2013 | Comments Off |
Introduction The United States judicial system is in the midst of great and fundamental change with regard to the funding of litigation. Historically, parties financed litigation out of their own literal or figurative pockets or, perhaps, with the assistance of some sort of contingent fee representation.[1] Third-party financing of litigation…
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Latest From the Blog Roll
"Judge lets defense lawyers withdraw from Chevron fraud lawsuit"
May 17, 2013"Judge lets defense lawyers withdraw from Chevron fraud lawsuit": Jonathan Stempel of Reuters has this report. And at Forbes.com, Daniel Fisher has a blog post titled "Judge Grudgingly Lets Donziger's Lawyers Out Of Chevron Case." Fisher has posted a copy of the ruling at this link. […]
"This case requires us to decide whether the police, after seizing a cell phone from an individual's person as part of his lawful arrest, can search the phone's data without a warrant."
May 17, 2013"This case requires us to decide whether the police, after seizing a cell phone from an individual's person as part of his lawful arrest, can search the phone's data without a warrant." In a ruling that a divided three-judge panel of the U.S. Court of Appeals for the First Circuit issued today, the majority held that "such a [warrant […]
Is the Library of Congress a Legislative Department or an Executive Department?
May 17, 2013(Eugene Volokh) A very interesting question, raised in Intercollegiate Broadcasting System, Inc. v. Copyright Royalty Board, a certiorari petition now pending before the Court. Profs. John Duffy (Virginia), Peter Strauss (Columbia), and Michael Herz (Cardozo) — an illustrious trio who often take quite different views about other subjects — have an item about […]
"Full Court Press: Perspectives on Covering the Supreme Court."
May 17, 2013"Full Court Press: Perspectives on Covering the Supreme Court." The First Amendment Center posted this video online today. You can also access the video directly via YouTube. […]
Melissa Hathaway on Cybersecurity and the G20
May 17, 2013Melissa Hathaway has a new essay that argues for putting cybersecurity and related issues on the G20 agenda: To counteract these [cybersecurity] risks, some governments and businesses are turning to international venues, seeking mechanisms to drive a path toward international … Read more » […]
Carrie Cordero on AP Subpoenas
May 17, 2013Carrie Cordero, Georgetown’s Director of National Security Studies and a former Justice Department official, writes in with these thoughts on the AP subpoenas controversy and background law: In light of the hysteria over reports that the Department of Justice … Read more » […]
"Court: Law applying crack sentences retroactive."
May 17, 2013"Court: Law applying crack sentences retroactive." The Associated Press has this report. My earlier coverage of today's Sixth Circuit ruling appears at this link. […]
First Circuit Rules That Police Need a Warrant to Search A Cell Phone Incident to Arrest
May 17, 2013(Orin Kerr) I’ve blogged a few times about the substantial lower court division on whether the police can search a seized cell phone incident to arrest without a warrant under the Fourth Amendment. Today the First Circuit further deepened the split in United States v. Wurie by holding that a warrant is required. With Wurie today and […]
House Judiciary Hearing on Domestic Drones
May 17, 2013Earlier today, the House Judiciary Committee held a hearing entitled “Eyes in the Sky: the Domestic Use of Unmanned Aerial Systems.” The four-witness panel included two experts familiar to Lawfare readers: UCLA professor and Brookings Non-Resident Fellow John Villasenor, … Read more » […]
Upcoming Radio Appearance Discussing my Forthcoming Book Democracy and Political Ignorance
May 17, 2013(Ilya Somin) Next Monday at 7 AM eastern time (probably rebroadcasting at that time in other time zones), I will be on Stand Up! with Pete Dominick on Sirius XM Satellite Radio, discussing my forthcoming book Democracy and Political Ignorance: Why Smaller Government is Smarter, which will be published by Stanford University Press in early fall (probably [... […]