New York

Is the Exclusionary Rule Consistent With Originalism:
Does an originalist approach to constitution interpretation require the exclusionary rule? Or did the Supreme Court simply invent the doctrine without any constitutional basis? Critics of the exclusionary rule usually say...

Exclusionary rule and qualified immunity
I do not know enough about exclusionary-rule doctrine. But a question for those who do: Is the long-term upshot of Herring v. United States that the Court brought the exclusionary rule into line with qualified immunity: An officer's reasonable mistake (of law or fact) about some underlying issues (here, whether the arrest warrant on Herring was still outstanding) that justified an unconstitutional search or seizure does not trigger the exclusionary rule despite the constitutional violation...

Why Does the United States Have an Exclusionary Rule:
Adam Liptak has an interesting story in today's New York Times about the so-called exclusionary rule, the rule of criminal procedure instructing (in simplified form) that evidence acquired by the...

Originalism Does Not Support an Exclusionary Rule
In his recent post, Orin wonders whether the exclusionary rule is consistent with orginalism. He sketches out the received wisdom on the subject, but then notes that the Supreme Court in...

The Supremes take a whack at the exclusionary rule
Ack, completely missed this yesterday, but the Supreme Court says that evidence CAN be used from a bad police search if it was caused by "careless record keeping." Which is a change from how the exclusionary rule used to work...

Response to Paul on Originalism and the Exclusionary Rule:
In his response to my post on originalism and the exclusionary rule, Paul responds, "Originalism sometimes cannot resolve interpretative questions. But on the exclusionary rule, it seems to me...

Copyright Lawsuits: Critical Issues Before Filing Copyright
Federa Rule 11(b) Considerations