The Supreme Court on Tuesday released its decision in Berghuis v. Thompkins, reversing the 6th Circuit and eviscerating the simple bright line rule of Miranda: The police must advise suspects of their rights; for responses to police questioning to be admissible in court, the suspects must make a knowing, intelligent and voluntary waiver of those […]
random quotes ... to amuse, inspire, enrage:
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Oh man, Rand Paul was on Rachel Maddow weaseling around a straight-up answer on his views of whether the federal government can prohibit discrimination in public accommodations. A, I thought this guy was supposed to be glib and personable? This was one of the least smooth, least adept weaseling’s I’ve ever seen. Maybe that’s all […]
The entertainment industry has succeeded — at least theoretically — in passing off more of their enforcement costs to the federal government — i.e., the taxpayers. Nice use of government dollars at a time of financial crisis, Congress! Bush signed the “Prioritizing Resources and Organization for Intellectual Property Act” (“PROIPA” ?) which, besides shelling out […]
Randy Cohen’s NYT “The Ethicist” column took on “ethics” versus “legality” and got it right. The Ethicist, Feb. 24, 2008.
Speaking of penumbra yet again (1, 2) , I had previously blogged about a Circuit split on laws banning sex toys — it was Valentine’s Day, and I was feeling a bit whimsical, so I wished for a “penumbra” that would strike down stupid laws. LawPundit “ha[s] an opinion” on my wish for a penumbra […]