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• Fourth Amendment Protection in Text Messages

  Posted Wednesday, June 18, 2008 5:56 PM By Orin Kerr
  
  The 9th Circuit handed down a very important decision today in Quon v. Arch Wireless Operating Co. holding that users of text-messaging services ordinarily have a Fourth Amendment reasonable expectation of privacy in the contents of the text messages Read More...
  Filed under: Fourth Amendment, privacy

• Is an Objective Appraisal of John Yoo's Work Possible?

  Posted Thursday, April 03, 2008 5:06 PM By Doug Kmiec
  
  John Yoo is a scholar of the first-rank. He confronted a legal and factual problem unlike any other public servant before him. With hardly any law, and even less direct judicial precedent, he reached plausible, but not always, prudent conclusions. If we put aside the understandable suspicion of the overreaching of the president, can we objectively say what went wrong and, without perfect hindsight, what were the alternative legal -- as opposed to policy -- conclusions? Read More...
  Filed under: Douglas W. Kmiec, Abu Ghraib, OLC, torture, 9/11 plotters, Justice Department, Executive Power, Fourth Amendment, Hamdan, John Yoo, Torture Memos, interrogation, 4th Amendment

• Mr. Dooley smokes a ham*

  Posted Thursday, March 27, 2008 3:00 PM By Diane Marie Amann
  
  Jack's got it right when he writes: " Don't assume that living constitutionalism only swings to the left. It doesn't." And that's a lesson that extends beyond the question of whether today, 217 years after ratification, the 2d Amendment to the U.S. Constitution Read More...
  Filed under: Second Amendment, living Constitution, Fourth Amendment, Due Process Clause, consultation of foreign or international law, Eighth Amendment

• Constitutional Rights And "Your World"

  Posted Wednesday, March 26, 2008 8:23 PM By Adam J. White
  
  Over at Obsidian Wings , my friend Publius [ not his real name -- a.w. ] suggests that states should enjoy flexibility under the Second Amendment to calibrate gun-control regulations in light of the varying needs of different cities and towns: If your Read More...
  Filed under: Second Amendment, Fourth Amendment

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