The evolving Constitution: How Facebook, Google and Twitter cause problems for the right to a fair trial

Before Facebook, Twitter and Google, it was pretty easy to keep jurors in line…But now with a quick search on a smartphone—or a peek at a defendant’s Facebook page—jurors are routinely breaching the right to a fair trial, and courts, lawyers, and legislatures are trying to figure out what to do about it.

Elections, Money and the Limits of Constitutional Logic

In 1921, when Benjamin Cardozo was a justice on New York’s highest state court (about a decade before he would become a Supreme Court Justice), he cautioned in a famous lecture series that logic could become too strong a driving force as judges decided cases.

Constitution Check: Can the Senate block the President’s appointment powers?

The dispute between the former government legal officials and the President’s spokesman – a dispute that has now widened well beyond those combatants – is one of those constitutional controversies that remain truly unsettled even 225 years after the founding document was written.

What’s a presidential signing statement?

A lot of crazy stuff tends to happen on New Year’s Eve. It’s amusing to analyze, say, the Lady Gaga–Mayor Bloomberg midnight kiss, but you’ve also probably heard about another buzzworthy, albeit less TMZ-worthy, event: President Obama’s signing of the National Defense Authorization Act (NDAA). The move was controversial primarily because the NDAA will allow […]