Democracy

Argument preview: Police and cellphone privacy

by Lyle Denniston on April 24, 2014

Next Tuesday morning, the Supreme Court will hold back-to-back, one-hour hearings on cases testing the authority of police to search the contents of cellphones they take from people they have arrested.  The cases are not consolidated.  At 10 a.m., the Court Continue →

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Video description: “Every major candidate for Secretary of State is campaigning to overhaul the office, an indictment of Debra Bowen’s two terms of stewardship, Dan says.” More here.  Election 2014 Q&A: Secretary of state candidates on partisanship, fraud, Cal-Access Here Continue →
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Bob Nicholson column at AL.com. … Continue reading →
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“A Legislative Fix for Paroline?”

by Rick Hasen on April 24, 2014

Paul Cassell, who represented respondent Amy in the recent child pornography case, has this post at Volokh. … Continue reading →
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“No, Southern whites are not the new blacks”

by Rick Hasen on April 24, 2014

Larry Bartels: The claim that “Southern whites’ loyalty to Republicans is nearing that of blacks to Democrats” is the subhead on Cohn’s piece in the print edition and the headline on The Upshot, the Times’ new “news, analysis, and graphics” Continue →
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Petition of the day

by Maureen Johnston on April 24, 2014

The petition of the day is:

Whitley v. Hanna 13-693

Issue: (1) Whether a victim raped by a police officer acting under color of law can bring a Section 1983 substantive due process claim against state and local law enforcement officers and officials who, in the Continue →

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Rick Pildes on Paroline and congressional overrides: Initially, the question is whether the Court should try to put Humpty Dumpty back together again:  should the Court construct a version of the law that creates a rough approximation of what Congress Continue →
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“In Defense of Political Lying”

by Rick Hasen on April 24, 2014

Jack Shafer Reuters column on Susan B. Anthony. … Continue reading →
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“What’s the Matter with Rand Paul?”

by Rick Hasen on April 24, 2014

The American Spectator isn’t happy with Sen. Paul’s comments on voter fraud. … Continue reading →
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Bill Rankin (in article originally appearing in the AJC): The U.S. Supreme Court’s decision this week in a Michigan affirmative action case gave great deference to the voters’ right to decide controversial issues at the ballot box. The court’s plurality Continue →
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Read the 8-page decision. … Continue reading →
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Legal Times reports. … Continue reading →
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News from CT: The Democratic Governors Association, which expects to heavily advertise this fall to support the re-election of Gov. Dannel P. Malloy, filed a federal lawsuit Wednesday challenging the constitutionality of how Connecticut regulates independent campaign expenditures. The association Continue →
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Richard Winger explains. One interesting aspect of the case considers how to interpret laws passed by jurisdictions formerly subject to Voting Rights Act preclearance that put the laws on holding pending preclearance. … Continue reading →
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Via Bloomberg BNA, you can read the opinion here. The judge thinks the Supreme Court’s Citizens United-McCutcheon line of cases is wrong, but he is bound to follow the line. … Continue reading →
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Human Rights and Chinese Interests

by Demdigest on April 24, 2014

At The Diplomat, the Project 2049 Institute’s Julia Famularo writes of the need to persuade China that upholding human rights is in its own national interest, China Digital Times reports: Beijing has consistently justified human rights abuses in the pursuit Continue →

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Before Tuesday’s oral arguments in American Broadcasting Companies v. Aereo, Justice Kennedy announced the Court’s much-anticipated decision in Schuette v. Coalition to Defend Affirmative Action, upholding Michigan’s state constitutional ban on the use of affirmative action by state universities.  Given Continue →

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Since the start of the 2011 Arab uprisings, a debate has emerged in Washington concerning the focus on development assistance in response to citizen demands for economic advancement and more accountable governance, notes Scott Mastic, the director for Middle East Continue →

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Re-Thinking Democracy Promotion

by Demdigest on April 24, 2014

The crisis caused by Vladimir Putin’s invasion of Ukraine has highlighted the threat to freedom posed by kleptocratic autocracies. The world is watching how the democratic community of nations responds to Putin’s brazen attack not only against Ukraine but against the Continue →

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On the first anniversary of the Rana Plaza garment factory’s collapse, rights groups noted that many survivors remain unable to work, and some have not yet received the compensation promised to them. Meanwhile, experts question the ability and will of Continue →

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In an interview published in January, the FT’s Geoff Dyer notes, President Barack Obama downplayed the legendary American diplomat who was the architect of the Cold War policy towards the Soviet Union known as “containment”. “I don’t really even need Continue →

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Global poverty has largely been viewed as a technical problem that merely requires the right expert solutions. Yet all too often, experts recommend solutions that fix immediate problems while ignoring the political oppression that created them in the first place, Continue →

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The wave of patriotic jingoism which Putin is riding is unprecedented in Russia’s post-Soviet history, writes Peter Zalmayev, director of the Eurasia Democracy Initiative (EDI), an international non-profit organization dedicated to the promotion of democracy and rule of law in Continue →

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On Monday, April 28, the Court will hear oral arguments in Lane v. Franks on the First Amendment protections for a public employee who testifies in court.  There are two respondents — the previous and current presidents of the college Continue →

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Violence that began between the Venezuelan government and large segments of the opposition last February has now resulted in a dialogue between the opposing sides, says analyst Luis Fleischman. The aggressive discourse of the pro-Maduro representatives casts serious doubts about the Continue →

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Towards a Free Media in Vietnam?

by Demdigest on April 24, 2014

Every single newspaper, radio station, and television broadcast in Vietnam is officially controlled by the Vietnamese Communist Party or government. But thanks to social media and news outlets based outside the country, Vietnamese citizens are increasingly gaining access to independent Continue →

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“States Prepare to Implement Photo ID”

by Rick Hasen on April 24, 2014

That’s the lead story in this week’s Electionline Weekly. … Continue reading →
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Get ready for the next Erdogan decade

by Demdigest on April 24, 2014

If Turkish Prime Minister Recep Tayyip Erdogan can realize the transformation to the presidential system that his advisers have been advocating, it would amount to the most significant Turkish revolution since Kemal Ataturk’s, says Mustafa Akyol, a columnist for Al-Monitor’s Turkey Pulse and a columnist Continue →

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Here. … Continue reading →
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Was Congress legally sophisticated enough to distinguish between “statutes of limitations” and “statutes of repose” when it amended the “Superfund” legislation (known as CERCLA) in 1986?  At the oral argument in CTS Corp. v. Waldburger, some Justices confessed that the Continue →

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See here. … Continue reading →
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The Hill reports. … Continue reading →
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Part 2 of Bonica and Shen on the aftermath of McCutcheon. … Continue reading →
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“The left’s secret club plans for 2014, 2016″

by Rick Hasen on April 24, 2014

Vogel: Some of the country’s biggest Democratic donors — including Tom Steyer and Jonathan Soros — are huddling behind closed doors next week in Chicago with union bigwigs and progressive superstars like Bill de Blasio to plan how to pull Continue →
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Brad Smith: It has just come to my attention that last week David Schultz, a Professor at the Graduate School of Management at Hamline University with whom I’ve previously had cordial relations, rather out of the blue “called me out” Continue →
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National Journal reports. … Continue reading →
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Bauer blogs. … Continue reading →
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Opinion analysis: Extending limitations on habeas relief

by Jordan Steiker on April 24, 2014

On Wednesday, in White v. Woodall, the Court reversed a grant of habeas relief by the U.S. Court of Appeals for the Sixth Circuit.  Woodall’s underlying claim concerned the state trial court’s refusal to accommodate his request for a “no-adverse-inference” Continue →

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Thursday round-up

by Amy Howe on April 24, 2014

Yesterday the Court issued decisions in two cases:  Paroline v. United States, involving restitution for victims of child pornography; and White v. Woodall, a habeas case.  Lyle Denniston covered the decision in Paroline for us; other coverage comes from Bill Continue →

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Chinese authorities in Tibet’s Kyegudo area in the traditional Tibetan province of Kham have destroyed several brick factories owned by Tibetans and beaten up workers on the behest of Chinese brick factory own
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