Month: November 2011

Does Standing Require Injury?

The 1974 Real Estate Settlement Procedures Act bars, among other things, kickbacks by title insurance companies. Under the law a plaintiff can sue without having to show actual injury. At least that was the argument made by the lawyer representing

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The Cheese and the Worms in Bologna

These are sketches of historian Carlo Ginzburg being interviewed by artist Jorge Satorre in Bologna. Ginzburg is the author of that seminal work of microhistory, Il fromaggio e i vermi, The Cheese and The Worms.     

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“It’s not just a coincidence that I look like Jesus.”

Oscar Ramiro Ortega-Hernandez appeared before Magistrate Judge Alan Kay today, charged with attempting to assassinate the president by firing an AK-47 at the White House.   He does indeed look a bit like Jesus, as he told Oprah in this home

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The Meat of Preemption

In 2009, in reaction to a disturbing Humane Society video documenting the mistreatment animals at one of its slaughterhouses, California passed a law banning the purchase, sale and butchering of animals that are unable to walk to their demise.   Such

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Big Brother is Watching

The Supreme Court struggled with privacy rights in the digital age during arguments on warrantless GPS tracking.  DC police investigating a nightclub owner, Antoine Jones, in a drug case put a tracking device on his car and tracked its movements

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Passport Case or Foreign Policy?

When the parents of  two-year-old Jerusalem-born Menachem Zivotofsky submitted a passport application for their son who has U.S. citizenship they were told that they could not designate “Israel” as the place of birth. The case pits the State Department against

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Eyewitness Reliability and Due Process

Identification by an eyewitness is notoriously unreliable and yet has a powerful influence on jurors. Testimony that has been intentionally influenced by the police or prosecutor may be barred, but what if the circumstances surrounding the identification were suggestive, but

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