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constitutional law
Seventh Circuit Does End-Run Around Sixth Amendment to Admit Drug Testing Evidence
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
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
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
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
“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...
