Insights

Late last week the 5th Circuit withdrew a recent ruling that "severely curtailed the authority to wiretap phones that move outside of a court’s jurisdiction," as previously discussed here.   In a landmark ruling the appellate court had held that either the phone or...

Adam Liptak's criticism of law review articles, in this New York Times piece, drew a lot of attention--garnering support and criticism from various academics and legal pundits.  Regardless of whether his overall critique is accurate (and what it might mean to legal...

At the end of Kafka's The Trial, Mr. K asks, "Shall they say of me that at the beginning of my trial I wanted to end it, and now, at its end, I want it to begin it again?"  Full of meaning, the rhetorical question can serve as a reminder, and a warning, that...

The United Nations released a report on Tuesday warning that most countries are not prepared to handle their swelling elderly populations.  Regardless of whether this conclusion is overstated, the United States is undoubtedly in the midst of tremendous change as baby...

***Note: This ruling was later reversed.  See the discussion here.*** A recent ruling by the Fifth Circuit complicates investigators' ability to use wiretaps to gather evidence.  In United States v. North, No. 11-60763 (5th Cir. Aug. 26, 2013), the court severely...

Can you, or a "friend," avoid a DWI or DUI charge by simply refusing to take a breath test?  Can you delay the test by demanding to speak to an attorney first?  Virginia's statutes and courts say, "No." Virginia Code § 18.2-268.2 contains Virginia's implied consent...