Supreme Court

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Travel Ban

Travel Ban Update: Without Addressing the Merits, the Supreme Court Stays Injunction Pending Further Proceedings

The Supreme Court’s order allows the latest iteration of the travel ban to go into effect, pending further proceedings. However, this latest stay signifies little or nothing regarding the court’s view of the merits in the challenges to EO-3.

Privacy Paradox

In Defense of the Mosaic Theory

The Carpenter case asks whether and how we should update Fourth Amendment doctrine to accomodate technological change.  This post defends the proposition that the mosaic theory (the idea that the "whole of data is greater than the sum of its parts") is technologically accurate and a good construct for thinking about these changes.   Thought of properly, Carpenter still loses -- but in a different way that is more protective of individual privacy.

Supreme Court

Ziglar v. Abbasi: A Summary

Some will view the Supreme Court's decision curbing lawsuits against former executive officials for purported abuse of federal detainees as providing important protection against judicial Monday-morning quarterbacking. Critics will see it as another hurdle to preventing lawless actions taken in the name of national security in time of war or national emergency.

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