The final version of my latest article, Ex Ante Regulation of Computer Search and Seizure, 96 Va. L. Rev. 1241 (2010), has now been posted on the Virginia Law Review‘s website.
Archive | Comprehensive Drug Testing
Ninth Circuit Balks in BALCO Case, Denying Super En Banc in United States v. Comprehensive Drug Testing But Amending Opinion To Remove Challenged Section
The new opinion is here, and it comes almost a year after the DOJ petitioned for super-en-banc rehearing. On a very quick read, it seems that the weird mandatory rules part of Judge Kozinski’s initial en banc majority opinion in CDT is now just part of a Kozinski concurrence to what has been relabeled a […]
Whatever Happened to the Request for Super-En-Banc Rehearing in CDT?
Once in a while folks ask me what happened to the request for super-en-banc rehearing in the Ninth Circuit, filed back in November of last year, in United States v. Comprehensive Drug Testing. The short answer is, nothing has happened. Nine months later, the Ninth Circuit hasn’t ruled yet on whether to go super-en-banc. If […]
New Article, “Ex Ante Regulation of Computer Search and Seizure”
I have just posted a new draft article, Ex Ante Regulation of Computer Search and Seizure, forthcoming in the Virginia Law Review. The article is a response to dynamics that have been evolving over the last decade in the lower courts that were turned up to eleven by the Ninth Circuit’s en banc decision in […]
United States v. Payton Update
Two weeks ago, I wrote a post seeking updates on United States v. Payton, a Ninth Circuit computer search and seizure decision that I think was wrongly decided. Howard Bashman notes that on Friday the Ninth Circuit handed own this seven-page order explaining what happened. It seems that there was interest in rehearing the case […]
Seeking Updates on United States v. Payton
Back in August, I wrote a long post about the Ninth Circuit’s very dubious computer search and seizure decision in United States v. Payton, 573 F.3d 859 (9th Cir. 2009). I speculated about the possibility the opinion might be revised or overturned en banc, but I wrote that post a week before the en banc […]
“Cuffing Digital Detectives”
The latest issue of National Journal has this interesting article on United States v. Comprehensive Drug Testing, 579 F.3d 989 (9th Cir. 2009), the computer search case that may go super en banc. As far as I know, no federal court has agreed with CDT in a written opinion since the decision came down in […]
DOJ Files Brief Supporting Super-En-Banc in CDT
Yesterday the Justice Department filed its Brief in Support of Rehearing En Banc By the Full Court in United States v. Comprehensive Drug Testing, the blockbuster computer search and seizure case I have blogged a lot about. From the introduction: The en banc panel’s decision announced sweeping new rules for warrants to search computers that […]