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Constitutional Law

05 Nov

Living in wartime since 2001

The United States has been living in wartime since 2001 (earlier than that, many peaceniks might say). The American economy tailspinned starting five years later -- and I wonder if the collapse would have been as early, deep, wide, severe and lengthy without the huge expense...

09 Apr

Preparing for jury duty

Someone recently asked how to prepare for jury duty. I responded briefly as follows: As both a  criminal defense lawyer dealing with jurors and as a jury candidate every few years, I reply: -          Bring what makes you comfortable to pass the time, in case you don’t...

09 Feb

Privacy breakdown versus the Whizzinator

By now, plenty of government and corporate decision makers grew up when privacy rights were already much more nostalgia than anything else. Too many people under forty have endured school metal detectors; rampant observation cameras in retail outlets and restaurants, and on the streets (only...

18 Nov

Where do all the little green men come from?

A Lexis search of appellate opinions shows no judge calling anybody a nutball or whackjob. However, a Lexis search does show at least two dozen occasions where appellate opinions have included the phrase "little green men", including yesterday's opinion from the D.C. Circuit. We recognize that in...