Monthly Archives: January 2012

Does Government Need the Power to Install a GPS Device Without First Obtaining a Warrant?

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Last week I was explaining to a friend the Supreme Court’s decision in United States v. Jones, the case where the Government  installed a GPS device to monitor an alleged drug dealer’s vehicle over the course of 28 days. After exhaustively covering the three opinions, my friend had this remark, “why didn’t they just get [...]

The Mass Incarceration Problem

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This week Adam Gopnik published a piece at The New Yorker on this country’s mass incarceration problem. Not only does it provide a number of sources and statistics to back up its claims, it also does so in a wonderful yet chilling way. The piece is long but well worth the read. You can find [...]

If You Read About Politics, You Should Read These Guys: Greenwald and Friedersdorf

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Between my first year of law school and two young children, I have really cut down on the amount of media I read in a given day. I tend to follow a pattern of checking the headlines at the New York Times, and then looking to see if any members of the Supreme Court press corps (mostly [...]
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New Merits Briefs Filed by Cockle Printing

Brief for the Petitioner in Vasquez v. U.S., Inc., No. 11-199, filed on January 23, 2012 Brief for Petitioner in Hill v. U.S., No. 11-5721, filed on January 25, 2012 Brief for Petitioner in Dorsey v. U.S., No. 11-5683, filed on January 25, 2012

Unions and speech: the First Amendment requires opt-in, not opt-out

When it comes to free speech rights, the Supreme Court typically applies the rule of “strict scrutiny,” which holds that a government restriction on free speech is presumed unconstitutional, until the government proves otherwise. The reason is that, given the importance of freedom of speech, courts should “not presume acquiescence in the loss of fundamental [...]

The absence of state constitutional history

K.C. Johnson has an insightful blog post on the collapse of serious American history scholarship, due in large part to the influence of politically correct fads in the academy. Johnson notes that the recent Montana Supreme Court decision regarding campaign finance restrictions relied heavily on scholarship about Montana history, yet the court cited nothing published [...]
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Cockle Printing’s Healthcare Litigation Forum

The Citizens’ Council for Health Freedom has filed its Argument Supporting the Respondents, and Addressing the Minimum Coverage Provision in DHHS v. Florida, No. 11-398, and you can read it at the Cockle Printing website.

Attaching a GPS Device to a Car Is a Fourth Amendment Search

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In a big loss for the federal government, the Supreme Court held today that when the government attaches a GPS device to a vehicle to monitor the vehicle’s movement, the government conducts a Fourth Amendment search. Justice Scalia wrote the opinion for the Court in United States v. Jones, No. 10-1259, backed by the Chief Justice, [...]

Cockle Printing’s Healthcare Litigation Forum

Three sets of amici have recently filed briefs in DHHS v. Florida, No. 11-398: Brief Amici Curiae of Prescription Policy Choices, Professors of Law, and Professors of Health Policy in Support of Petitioners on the Minimum Coverage Provision Brief of Health Care For All, Inc., Health Law Advocates, Inc. The Massachusetts Hospital Association, Inc., The [...]

New Merits Brief Filed by Cockle Printing

Brief for Respondent in U.S. v. Alvarez, Inc., No. 11-210, filed on January 13, 2012 Brief for Petitioners in Reichle v. Howards, No. 11-262, filed on January 19, 2012