In the course of refusing to exclude evidence obtained through an illegal no-knock search in Hudson v. Michigan, Justice Scalia applied that the rule was obsolete:Another development over the past half-century that deters civil-rights violations is the increasing professionalism of police forces, including a new...
civil liberties
Adam Liptak has an interesting article about the exclusionary rule and how the American use of the rule differs from other countries. He begins with a comparison to Canada, which.
A useful tool. (Via Sanchez.) Bonus: Lanny Davis, a wanker for all seasons. (Davis: "The compromise bill would provide strict supervision by the special FISA Court." Sanchez: "This is right,.
There seems to be some debate about whether Clinton's laudable vote against the FISA bill was politically motivated or not. Obviously, this is unknowable, although I suspect that she would have voted differently had she won the nomination. Josh Patashnik, however, makes the more important...
No. (I suppose this could work with other entries from the Maurice Starr oeuvre: "Step 2! There's so much we can do! To capitulate to Bush and expand arbitrary executive.
In a 5-4 opinion written by Kennedy, the Court has ruled that the Eight Amendment makes the death penalty unconstitutional in cases where the defendant did not intend to cause.
Dodd and Feingold to filibuster the House's awful FISA bill in the Senate. And Reid is co-sponsoring an amendment stripping the bill of the provisions providing retroactive immunity for corporations who illegally violated the privacy of their customers.I wish I could disagree with Jonathan Zasloff:Presumably,...
In a general sense, I agree that sometimes people can get a little sloppy about blaming "the Democrats" for the enactment of policies or nomination confirmations opposed by most Democrats.
This really is bad.
Much rumness afoot in and around the Palace of Westminster these days. Gordon Brown, the mean, one-eyed Scotsman who took over from the Teflon-coated, happy-clapping Blair as Prime Minister has been lurching from one crisis to another, ever since failing to call an election* upon...
Souter, concurring in Boumediene: It is in fact the very lapse of four years from the time Rasul put everyone on notice that habeas process was available to Guantanamo prisoners,.
Publius has a more optimistic take on last week's civil rights enforcement decisions, in which (unusually in a major case) Alito and Roberts broke with Thomas and Scalia and (with.