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Articles Posted in Constitutional rights

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Can a delusional belief be a rational basis?: the constitutionality of decision-making in the Trumpian post-truth, alternative fact, fake news age and the dangers of policies based on untruths            

Sometimes courts must decide cases where a question is raised as to whether the exercise of governmental power violates the rights of a person or a class of persons.  Courts use different tests, different levels of scrutiny, to determine the legality of governmental actions and whether the government is denying…

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And So The Nightmare Begins

So here we are, in Donald Trump’s unreality-fantasy.  Where the President is deranged, unhinged, and out of control.  Where accurate and truthful news is the enemy.  Where fake news and lies determine policy.  Where science is distorted and evidence ignored.  Where prejudice is disguised as reason to justify cruel policies…

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NCDD and NACDL wrap up a successful conference in Las Vegas

The National College for DUI Defense (NCDD) and the National Association of Criminal Defense Lawyers (NACDL) just wrapped up their annual Las Vegas seminar.  As usual, it was well attended and the presentations were very informative. The conference featured presentations on Thursday, September 22, on cross-examination by Jim Nesci; accident…

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The Incredible Shrinking Fourth Amendment

The Supreme Court decided two Fourth Amendment cases this week that diminish our freedom from police searches.  The Fourth Amendment says: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue,…

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NCDD Serious Science Seminar Knocks it Out of the Park

The National College for DUI Defense (NCDD) just concluded its second annual Serious Science seminar Saturday in Ft. Collins, Colorado.  Attended by 21 lawyer students, the five day seminar featured a day and a half of lectures by the nation’s leading experts on forensic blood alcohol testing, Jimmie Valentine, Ph.D., Carrie Valentine,…

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The Supreme Court considers whether breath tests require a search warrant

Today the Supreme Court heard oral argument in the cases of Birchfield v. North Dakota, 136 S.Ct. 614 (2015); Bernard v. Minnesota, 136 S.Ct. 615 (2015); and Beylund v. Levi, 136 S.Ct. 614 (2015). Leonard R. Stamm, along with Donald Ramsell and Jeff Green, co-authored an amicus brief filed on behalf…

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