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Category Archives: Courts

Maryland Court ends Baltimore police use cellphone tracking devices

Via TechDirt: “The Baltimore Police Department’s warrantless deployment of Stingray devices has come to an end. It may have gotten away with more than 4,300 times so far, but the Maryland Special Appeals Court has declared these devices operate as searches under the Fourth Amendment.  The 74-page opinion — which belatedly follows its two-page orderContinue Reading

United States Supreme Court: Criminal Law Cases in the October 2015 Term

CRS – United States Supreme Court: Criminal Law Cases in the October 2015 Term. Sarah S. Herman, Legislative Attorney; Charles Doyle, Senior Specialist in American Public Law. April 6, 2016. “The white collar crimes on the Supreme Court’s 2015 docket consist of three Hobbs Act cases, one on insider trading (Salman v. United States), andContinue Reading

A 25-Year Survey of Prosecutorial Misconduct and a Viable Solution

Caldwell, Harry M., Everybody Talks About Prosecutorial Conduct But Nobody Does Anything About It: A 25-Year Survey of Prosecutorial Misconduct and a Viable Solution (2016). U. Ill. L. Rev. (2016 Forthcoming); Pepperdine University Legal Studies Research Paper No. 10. Available for download at SSRN: “Prosecutors, whom we trust to carry out the demanding andContinue Reading

The Record – Your Guide to the Criminal Justice System

“The Marshall Project is a nonprofit news organization that focuses on the American criminal justice system. Our mission is to create and sustain a sense of urgency about criminal justice in America. We aim at all times for accuracy, fairness, and impartiality. Our repertoire includes deep investigative projects, narratives and profiles that put a humanContinue Reading

Supreme Court Vacancies: Frequently Asked Questions

Via FAS – Supreme Court Vacancies: Frequently Asked Questions, Sarah S. Herman, Legislative Attorney. March 31, 2016: “The unexpected death of Supreme Court Justice Antonin Scalia on February 13, 2016—in the middle of the Supreme Court’s October 2015 term — has prompted questions about the process for filling the vacancy and how the Court willContinue Reading

Supreme Court Appointment Process: President’s Selection of a Nominee

CRS report – Supreme Court Appointment Process: President’s Selection of a Nominee – Barry J. McMillion, Analyst on the Federal Judiciary. April 1, 2016. “The appointment of a Supreme Court Justice is an event of major significance in American politics. Each appointment is of consequence because of the enormous judicial power the Supreme Court exercisesContinue Reading

Justices Reject Conservatives’ Challenge on ‘1 Person 1 Vote’

Supreme Court Rejects Challenge to ‘One Person One Vote’ by Adam Liptak, New York Times – “The Supreme Court on Monday unanimously ruled that states may count all residents, whether or not they are eligible to vote, in drawing election districts. The decision was a major statement on the meaning of a fundamental principle ofContinue Reading

The Power Canons

Heinzerling, Lisa, The Power Canons (March 31, 2016). William & Mary Law Review, Vol. 58, Forthcoming. Available for download at SSRN: With three recent decisions – UARG v. EPA, King v. Burwell, and Michigan v. EPA – the Supreme Court has embraced a new trio of canons of statutory interpretation. When an agency chargedContinue Reading

Map Shows How Apple-FBI Fight Was About Much More Than One Phone

Via ACLU – “The government insisted that its effort to force Apple to help break into an iPhone as part of the investigation into the 2015 San Bernardino shootings was just about that one case. Even though the FBI no longer needs Apple’s help in that case, the FBI’s request was part of a sustainedContinue Reading

Garland Nomination to Supreme Court Gets Positive Reception From Public

Pew Research Center: “Although Merrick Garland’s nomination to the Supreme Court faces an uncertain fate in the Senate, more Americans say they favor (46%) than oppose (30%) Garland’s confirmation to the high court. About a quarter (24%) offer no opinion. Before President Obama nominated Garland on March 16, Senate Republican leaders had vowed to notContinue Reading

CRS – Vacancy on the Supreme Court

Via FAS – Vacancy on the Supreme Court: CRS Products, CRS Legal Sidebar, March 21, 2016: “On February 13, 2016, Justice Antonin Scalia unexpectedly passed away at the age of 79, vacating a seat on the Supreme Court that he had held for nearly 30 years. A little over a month later, on March 16,Continue Reading

International Criminal Court – What are War Crimes?

“War crimes” include grave breaches of the Geneva Conventions and other serious violations of the laws and customs applicable in international armed conflict and in conflicts “not of an international character” listed in the Rome Statute, when they are committed as part of a plan or policy or on a large scale. These prohibited actsContinue Reading