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Smartphones, Smart Ruling

Bennett L. Gershman | Posted 08.27.2014 | Politics
Bennett L. Gershman

One of the most durable legal doctrines is stare decisis, the idea that courts should follow legal precedents in the interest of stability and predictability of law. But some precedents, especially precedents in Fourth Amendment search and seizure jurisprudence, become meaningless when technology intrudes.

Police Use Licensing Laws to Do End-Run Around Constitution

James Peron | Posted 05.25.2011 | Politics
James Peron

Across the country, police agencies have discovered a loophole that enables them to ignore Constitutional protections. It is a loophole large enough t...

Is Your Email Private?

Chris Weigant | Posted 05.25.2011 | Technology
Chris Weigant

Is your email private? You may think it is, but you may also be surprised how easy it is for law enforcement to access it without a warrant.

Friday Talking Points [51] -- Some Positivity

Chris Weigant | Posted 05.25.2011 | Politics
Chris Weigant

While we're all waiting for someone to leak the Palin Troopergate Report (which is reminiscent of waiting for "Fitzmas" during the whole Scooter Libby...

Finally, Whistleblowers Report from the Inside on the NSA Program

Shayana Kadidal | Posted 05.25.2011 | Politics
Shayana Kadidal

Finally, thanks to Brian Ross and surveillance expert Jim Bamford we have a report from the inside on what the NSA was eavesdropping on. And the facts are almost as bad as we expected.

Friday Talking Points [48] -- Throwing Out The Rulebook

Chris Weigant | Posted 05.25.2011 | Politics
Chris Weigant

Back in Volume 36 of this Friday Talking Points column, I pointed out what seemed to me to be an obvious observation -- that the media was going a lot...

Friday Talking Points [36] -- End The Media's Pro-McCain Bias! Now!!

Chris Weigant | Posted 05.25.2011 | Media
Chris Weigant

McCain has joked that the media is "his base" of support. It was a funny line, but there is a truth at its core: the media has been hard on Obama but unbelievably light on McCain. And this has to stop. Now.

Debate Questions I'd (Still) Like To Ask

Chris Weigant | Posted 05.25.2011 | Politics
Chris Weigant

Unfortunately these questions remain largely unanswered, almost two months after the last debate.