<< News Scan | Main | News Scan >>

Blog Scan

| 1 Comment

Eugene Volokh, Orin Kerr, and Dale Carpenter critique the NSA surveillance opinion, noted in today's News Scan, at the Volokh Conspiracy.

William Tucker has this article about the history, and possible future, of the exclusionary rule at The Weekly Standard (hat tip: Matthew Franck). Are we one appointment away from overruling Mapp v. Ohio?

Joel Jacobsen at Judging Crimes has this post about the relationship between income and victimization in America and this post questioning the presumption against waiver of constitutional rights.

Gary Becker and Richard Posner write on counterterrorism, profiling, impact on civil liberties, and British v. American approaches to intelligence here.

1 Comment

The exclusionary rule debate, of course,has raised a dilemma for the court in regards to its own internal debate about the influence of international law and practice on constitutional interpretation. Scalia, of course, cited the international ambivalence about the exclusionary rule in his dissent in Roper v. Simmons, 543 US 551, 625 (2005), including relying on the differences with the English system and law review articles citing practices on all continents. To Scalia's credit, given his hostility to citing international law, he did not rely on his Roper dissent in Hudson.

In his dissent in Sanchez-Llamas v. Oregon, 126 S.Ct. 2669, 2706 (2006), Breyer tries to avoid the dilemma his philosopy creates by going at length to explain that European practice on the exclusionary rule is irrelevant. However, his dissent does not refute the authorities cited by Scalia in Roper.

Leave a comment

Monthly Archives