Monthly Archives: November 2013

Complete Practical Directions for the Cultivation of Scalia

It was — yup, I’m a geek — marvelous fun reading all the trial court orders that accumulated in the run-up to the Brooks decision.  Credit attorney Barry Edwards for creating the catalog of these cases; in Brooks’s aftermath, I hope … Continue reading

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Why Brooks Fell Flat

Now I remember why my expectations are low in consent-to-search cases.  They end in opinions like the one we got in Brooks.  The Court performed a totality of the circumstances analysis.  Like many such analyses, it was substantively choppy and … Continue reading

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