Monthly Archives: April 2011

The Fourth Amendment and Income Inequality

Yevgeny Shrago Chief Judge Alex Kozinski of the Ninth Circuit Court of Appeals visited Harvard Law School yesterday to discuss his recent blistering dissent in a Fourth Amendment case.  In United States v. Pineda-Moreno, the Ninth Circuit weighed in on the growing jurisprudence surrounding police officers placement of a GPS tracker on a suspect’s car without a warrant. The three judge panel hearing…

Obama’s Judicial Nominations Problem

Jessica Jackson Last night I had the pleasure of seeing President Obama speak in person at the San Francisco Masonic Center.  During his hour-long speech, the President touched on several points, including the legislative accomplishments of the last two years and the issues he hopes to work on in the next few.  The speech was…

Ninth Circuit Reconsiders Whether a “Citation” Is an “Arrest”

Michael Stephan On Tuesday, the Ninth Circuit Court of Appeals decided to hear United States v. Leal-Felix en banc.  When a case is reheard en banc, the three-judge panel opinion is stripped of precedential force and—in the Ninth Circuit—a new, eleven-judge panel rehears the case.  En banc hearings are relatively uncommon and are typically reserved for cases of…

Michigan’s Financial SWAT Teams

Marshall Thompson While most people were watching the protests in Wisconsin over collective bargaining rights for public employees, Michigan passed a very disturbing law that eluded much national media attention. The law creates emergency financial “SWAT teams” that have power to pre-emptively take over municipal governments to protect them from possible bankruptcy. Laws that create emergency managers…

The FAIR Education Act: Intertwining History and Tolerance in California Schools

Jay Willis The California State Senate passed the Fair, Accurate, Inclusive, and Respectful (FAIR) Education Act this week, which would require California schools to include a study of the contributions of LGBT individuals within its standard history curriculum.  The measure is expected to easily clear both the Democrat-controlled State Assembly and the desk of Governor Jerry Brown….

Forget About Your House of Cards

Anthony Kammer  On Friday of last week, the Department of Justice issued an indictment charging the founders of Full Tilt Poker, PokerStars, and Absolute/UB Poker, as well 8 other individuals in the online poker industry, with bank fraud, money laundering, and illegal gambling offenses. The government also announced $2 billion in civil money laundering charges and in rem forfeiture…

WikiLeaks, the First Amendment, and the Press

Jonathan Peters Using a high-security online drop box and a well-insulated website, WikiLeaks has published 76,000 classified U.S. documents about the war in Afghanistan,[1] nearly 400,000 classified U.S. documents about the war in Iraq,[2] and more than 2,000 U.S. diplomatic cables.[3] In doing so, it has collaborated with some of the most powerful newspapers in the world,[4] and it…

HLPR Blog Roundup: Destroying Rights in the Name of Justice

HLPR Online editorial staff Several recent HLPR posts have captured the idea that states, legislatures and authorities, by enacting laws to ensure justice, are actually just doing more to damage it.  The tension between balancing conflicting rights and priorities is a constant concern i.e. consider the current desire of UN forces to promote human rights…

Kagan’s First Dissent

 Anthony Kammer On Monday of this week, Justice Elena Kagan handed down her first dissent since joining the Court. It’s persuasive (pdf). A number of commenters arealready speculating that there might, at last, be a liberal voice on the Court able to trade rhetorical punches with the stylistically adept Antonin Scalia. While it might be a little wishful…

Case to Follow: Can a New Law Affect an Old Plea Agreement?

Michael Stephan The Ninth Circuit certified an interesting question to the California Supreme Court on Monday: Are parties to a plea agreement bound by the law in effect at the time of the agreement, or can the terms of the plea agreement be affected by subsequent changes in the law?  In other words, can a…

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