Constitution
706 Articles
What Judge Kavanaugh’s “Originalism” Means for the Country
"But Kavanaugh’s nomination presents a question that is much deeper than whether the Court is destined to tack to the right on particular policy questions. At stake is what role…
Are We Down to One Branch of Government?
The Republican-led Congress has essentially abdicated its role. The Supreme Court — with its travel ban decision and especially now with Justice Anthony Kennedy’s retirement…
Carpenter Ruling Brings Us Back From Brink of Orwellian Surveillance State
Orwell described a world where limitless surveillance makes us question every action, every thought. Last Friday’s decision in Carpenter v. United States brought us one step…
The Broad Reach of Carpenter v. United States
By focusing on the nature of the information rather than on the telecommunications nitty-gritty used to gather the information or the structure of the database in which the information…
Exigent Circumstances: iOS 12’s USB Restricted Mode and Warrantless iPhone Access
Apple recently confirmed the introduction of a new feature called “USB Restricted Mode” in the latest version of the iPhone’s mobile operating system, iOS 12. If enabled…
Dangerous Drone Bill Emerges from Senate Committee
It’s rare that a congressional committee tasked with overseeing homeland security approves a bill that would not only authorize sweeping surveillance, but also could pose a significant…
What If Police Use ‘Rekognition’ Without Telling Defendants?
At least two US law enforcement departments -- and Motorola, which sells equipment to the government -- have already purchased access to Amazon’s “Rekognition” system. This…
France’s Creeping Terrorism Laws Restricting Free Speech
French prosecutors have been aggressively pursuing anyone who speaks positively of a terrorist act or group even if their intention is not to incite violence or promote the group.
A Cosmic Legal Collision: The Engineer vs. The Border Patrol
For a quarter of a century, Terry Bressi, staff member and chief engineer for the Spacewatch Project at the University of Arizona’s Lunar & Planetary Lab, has had two…
Trump’s Escalating Assault on the Justice Department: Time to Review Dershowitz’s Defense of Unreviewable Presidential Control of Federal Law Enforcement
President Trump has taken a dramatic turn in his push against the Justice Department. His approach his built on a theory that Alan Dershowitz defends on television. But when Dershowitz…
Letter to the Editor: The Twenty-Fifth Amendment Reader’s Guide
Harold Koh and the Yale Law School Rule of Law Clinic should be proud of their work. Released on April 18, the Clinic’s “Reader’s Guide” to Section 4 of the Twenty-Fifth…
The Missing Justice Dep’t Memo on Whether a President Can Be Subpoenaed to Testify in a Criminal Case
A hot button issue in the Russian investigation is whether a sitting president can be subpoenaed to testify in a criminal proceeding. There's a critical Justice Department opinion…