constitutional law

Seventh Circuit Does End-Run Around Sixth Amendment to Admit Drug Testing Evidence

March 06, 2010 15:38

Last year the Supreme Court emphatically extended its new Confrontation Clause jurisprudence -- abjuring reliance on historically-rooted hearsay exceptions to require in criminal cases that  "testimonial" hearsay be kept out unless subject to cross-examination -- to in-court evidence...

Philadelphia Student Claims School Violated Privacy With Web Cams On School-Owned Laptops

February 24, 2010 20:12

The parents of Blake Robbins, a 15-year-old student at Harriton High School, an elite suburban Philadelphia public school in the Lower Merion School District, have filed a lawsuit alleging that the school district violated Robbins’ privacy rights when it activated the webcam in his...

California's budget problems are threatening a constitutional crisis

H. Scott Leviant
February 24, 2010 07:00

A colleague of mine (Linh Hua) and I have been talking out an issue that has troubled me for some time now.  It occurred to me that there must be a constitutional limit of some sort to the underfunding of California's judiciary.  I didn't have any specific case in mind when the concept...

Hawaiian Madness

February 23, 2010 19:43

From today’s NRO editorial: A bill expected to pass the House today with overwhelming Democratic support would accomplish something peculiar for a liberal republic in the 21st century: It would partly disenfranchise a portion of one state’s residents, create a parallel government for those m...

He’ll Have To Recuse Himself

February 17, 2010 23:34

“To begin with, the answer is clear. If there was any constitutional issue resolved by the Civil War, it is that there is no right to secede.” ~ Justice Scalia While I’m not arguing for secession, since when did a war “resolve” a constitutional question? More...