West Virginia Supreme Court becomes the first court to squarely hold that prosecutors must turn over exculpatory evidence in their possession to criminal defendants during plea negotiations.
It has become increasingly difficult for states to obtain the drugs necessary for lethal injection.
An interesting decision from the Arizona Court of Appeals last Thursday.
I think I was partially wrong in my recent post on Fifth Amendment protection for smartphones. I'm now not sure if the court was right to uphold the assertion of privilege in the SEC v. Huang case. But I think that if the result was right, it was right for the wrong reason. This follow-up post offers my latest thinking.
Former employees of Capital One allegedly engaged in insider trading. The government believes that evidence of insider trading can be found in the company-issued smartphones that they used. Capital One owns the phones and wants the government to search them. But only the former employees know the passcodes, and they have refused to disclose them. Can they be forced to reveal the passcodes?
A great new project aimed at quickly summarizing the constitutional rules and highlighting important controversies -- designed with input both from the American Constitution Society (generally speaking on the left), and the Federalist Society (on the right).
I wonder if the parties in the Microsoft/Ireland warrant case have overlooked the most important issue in the case.
An interesting opinion from the U.S. Court of Appeals in the Seventh Circuit.
Co-blogger Orin Kerr offers a thoughtful critique of my and Glenn Reynolds' defense of jury nullification. Some of his points are well-taken. But, on balance, jury nullification is still preferable to the realistically feasible alternatives.
In a recent op-ed, Glenn Reynolds made the case for jury nullification. My co-blogger Ilya Somin was at least partially persuaded. I wasn't, and here's why.