Sentencing Law and Policy (Free subscription) | yesterday
The title of this post is the title of this new paper from Professor Youngjae Lee available via SSRN. Here is the abstract: What would a constitutional right based on desert look like? If "the people" believe that, say, child...
PrawfsBlawg (Free subscription) | yesterday
There's an interesting -- if somewhat self-indulgent -- student note recently posted to SSRN that argues that everyone's other favorite forgotten constitutional provision (the Third Amendment) might actually do more than simply prohibit the quartering of troops in private homes during peacetime (and require congressional authorization for such conduct during wartime). According to the note's author,...
Legal Theory Blog (Free subscription) | yesterday
Youngjae Lee (Fordham University School of Law) has posted Desert and the Eighth Amendment (University of Pennsylvania Journal of constitutional Law, Vol. 10, 2008) on SSRN. Here is the abstract: What would a constitutional right based on desert look like?...
National Security Advisors (Free subscription) | yesterday
Joshua Dugan has posted "When is a Search Not a Search? When it's a Quarter: The Third Amendment, Originalism, and NSA Wiretapping" on SSRN. From the abstract: For over two-hundred years, the Third Amendment has been mocked and neglected. Scholars...
Pakistan Times! (Free subscription) | 08/18/2008
ISLAMABAD: Pakistan Muslim League-N (PML-N) Secretary Information Ahsan Iqbal Monday said that all controversial amendments made to the Constitution by Pervez Musharraf would be scrapped. Talking to reporters here outside the Zardari House, Ahsan Iqbal said the coalition partners would do the needful together. Ahsan Iqbal, who is also Minister for Education, said the [...]
Mashable (Free subscription) | yesterday
Joe Francis, the fellow you see every early morning on Comedy Central pitching DVDs with girls baring their breasts for the low price of $3.95 for first three days and $19 a month after that, has launched a new website under the auspices of championing the first amendment and exacting a bit of retribution against an unfavorable judge. The website he has launched displays videos of a non pornographic...
California Progress Report (Free subscription) | 08/14/2008
By Frank D. Russo Word has just been received that the Assembly plans to take up the Republican budget...
The LRC Blog (Free subscription) | 08/15/2008
Whatever one thinks of illegal immigration, I see no constitutional authority of the feds to limit their gun rights. And I see citizens rights as suspect in general individuals have natural rights, and governments shouldn't abrogate them. (As for...
FourthAmendment.com (Free subscription) | 08/15/2008
Plaintiff did not state a claim for violation of Fourth and Sixth Amendment rights because the police recorded a telephone call between him and his lawyer while awaiting a breath test. An officer was in the room, and he was being videorecorded at the time. The events leading up to the breath test was not a critical stage. Mattson v. Becker County, 2008 U.S. Dist. LEXIS 61510 (D. Minn. August 12, 2008):...
Sentencing Law and Policy (Free subscription) | 08/14/2008
Thanks to this post at The Volokh Conspiracy, I see that earlier this week brought another example of a federal district court working hard to make sure that the constitutional right recognized by the Supreme Court in Heller is categorically...
Pro-Life News (Free subscription) | 08/13/2008
By Dr. Patrick Johnston, D.O. For the first time in United States history, the issue of personhood will be decided in the public forum by a constitutional amendment. After almost 50 million babies killed since Roe v. Wade, it's about...
The Volokh Conspiracy (Free subscription) | 08/14/2008
The magistrate judge's opinion in the Second Amendment illegal alien case also reminded me of our own then-Judge Paul Cassell's opinion in a Fourth Amendment case involving an illegal...
Indybay newswire (Free subscription) | 08/13/2008
From a Wednesday, August 13, 2008 entry on Informed Comment, Juan Cole's blog
National Security Advisors (Free subscription) | 08/13/2008
Resolved, Or Is It? The First Amendment and Giving Money to Terrorists"" 57 American University Law Review 1273 JEFF BREINHOLT, U.S. Dep't of Justice http://www.wcl.american.edu/journal/lawrev/57/breinholt.pdf?rd=1 From the introduction: This Article seeks to show that legal certainty has been achieved in...
The Volokh Conspiracy (Free subscription) | 08/14/2008
So concludes a Magistrate Judge in the Southern District of Florida, in U.S. v. Boffil-Rivera, recommending that the District Judge reject a constitutional challenge to a federal statute that criminalizes...
