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Supreme Court Does Not Settle Issue Over Privacy of Work Emails and Texts

We all do it.  We send personal messages via text and email from our work computers, cell phones, blackberries, etc.  Like the “personal phone call”  employers usually don’t mind except when the privilege gets abused.  But unlike the personal phone call, the email or text does not go away.  It stays forever lodged on your […]

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Expectation of Privacy Dying a Slow Death and Our Rights Will Go With It

Social media; YouTube; “reality” television and digital imagery and video have all made for one of the most public and open societies in history.  When starlets want to boost their Google search trends, they just need to release a sex tape. A sex tape! (See, e.g., Kim Kardashian, Pamela Anderson, Kendra Wilkinson). Now I hate […]

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Elena Kagan Needs to Read Justice Souter’s Speech to Harvard Law

I know its a nice sunny summer afternoon and no one wants to work their brains too hard, but someone just sent me the text of a speech retired  Supreme Court Justice David Souter gave to the graduating class of Harvard Law a few days ago and while he didn’t mention Supreme Court nominee Elena […]

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Supremes Decide that Remaining Silent is Not Choosing to Remain Silent

Today in Berghuis v. Thompkins, a 5-4 court (of course) watered down the Miranda decision on its way no doubt to making it virtually ineffective.  Justice Anthony “Swing Vote” Kennedy (the most important person in American Jurisprudence right now) wrote the opinion for the Court. The Court for the first time decided two things about […]

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Supreme Court Rules Against NFL in Licensing Case

OK, let’s break out all the sports analogies:   “The Supreme Court sacked the         NFL… ” , “The NFL took a hit yesterday . . .” ” The Supreme Court blind sided the NFL  . . .” Now that we have that out of the way, here’s what happened.  In what will be considered a […]

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The Most Dangerous Lawyer in Texas

Monday, Adam Liptak, the NY Times’ legal reporter, published an article about Jerry Guerinot, a Texas lawyer who holds the distinction of having represented the  most people sentenced to death – 20. That’s more people than most states that have the death penalty have on Death Row.  He has not won one capital case.  Liptak, […]

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Supreme Court Overturns Precedent and Hangs “For Sale” Sign on Democracy

The recent Citizens United case (“CU”) has gotten a lot of attention of course as it will have a profound impact on the future of American politics.  To summarize this very complicated case is not easy, but I will try: Before CU campaign finance reform laws set limits on the amounts that corporations could spend […]