Don’t give up on ‘Brady’; Calling 911 from a phone to obtain its number does not ‘search’ it, court rules; Thoughts on Justice Ginsburg’s “ill-advised” comments on Trump; More on Brexit, libertarianism, and the European Union; Second Circuit: Warrants cannot be used to compel disclosure of emails stored outside the United States; Court concludes FOIA does not require release of booking photos; The Notorious RBG decides she was becoming notorious for the wrong reasons; Second Amendment protects former soldier who had been psychiatrically committed 10 years ago, when he was 15; Nebraska regulators retaliated against financial adviser for anti-Obama speech (and for publicly offering $100 ‘towards the purchase of a firearm’ as a bonus to customers);
 
The Volokh Conspiracy
 
 
Don’t give up on ‘Brady’
Responses to readers’ comments: Is "Brady" hopelessly flawed? How should the personnel-file conundrum be resolved? Does discussing "Brady" detract from “real” criminal justice issues in need of reform? What’s around the bend for "Brady"?
Calling 911 from a phone to obtain its number does not ‘search’ it, court rules
A new decision from the Georgia Court of Appeals.
Thoughts on Justice Ginsburg’s “ill-advised” comments on Trump
Justice Ginsburg is right to fear a Trump presidency. Still, she was wrong to violate judicial norms by wading into partisan politics. Such a step might be justified if it were actually likely to save the nation from the catastrophe of a Trump victory. But there was no such prospect here.
 
More on Brexit, libertarianism, and the European Union
Prominent Swedish libertarian Johan Norberg outlines the libertarian case against Brexit, and in favor of the European Union (at least relative to currently feasible alternatives).
 
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Second Circuit: Warrants cannot be used to compel disclosure of emails stored outside the United States
A Second Circuit victory for Microsoft in the Ireland warrant case. Here's an overview of the long-awaited decision.
Court concludes FOIA does not require release of booking photos
The en banc Sixth Circuit concludes individuals have privacy interests in police booking photos that may justify withholding their release under the Freedom of Information Act.
The Notorious RBG decides she was becoming notorious for the wrong reasons
Justice Ruth Bader Ginsburg expresses regret for her comments disparaging a presidential candidate in the midst of an election.
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Second Amendment protects former soldier who had been psychiatrically committed 10 years ago, when he was 15
Federal law generally bans gun ownership by people who had been psychiatrically committed; for commitments in some states, the ban is permanent. The Supreme Court has said laws disarming the “mentally ill” are presumptively constitutional -- but in this case the court found that this presumption is rebutted.
The battle within the prosecution team
The conflict over Brady’s application to police personnel files has divided the prosecution team, pitting prosecutors against police officers and police management against the police rank-and-file.
Nebraska regulators retaliated against financial adviser for anti-Obama speech (and for publicly offering $100 ‘towards the purchase of a firearm’ as a bonus to customers)
The regulators "implicitly pressured" Bob Bennie's employer to curtail "Bennie's speech to avoid problems with the department." One of the regulators told a colleague that a call to the employer would cover, among other things, Bennie's "gun slingin ads, and calling Obama a ‘communist' and an ‘evil' man issues."
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