Poison Pill in Your Pocket
We follow up on feedback, puzzle over the Court's apparent continued lack of interest in Fourth Amendment cases, and then discuss two of the latest opinions—Culley v. Marshall (civil forfeiture) and Warner Chappell Music, Inc. v. Nealy (copyright).
And yes, we know Dan's audio sounds terrible due to a technical snafu, sorry!
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Transcript
Will: Sure. So, I don't know. I remember Orin Kerr makes this a constant observation, so I do think it's been going on for a while. Of course, the court is just taking fewer cases generally. But I think there's something about the thing that the doctrine of the Fourth Amendment cases are about that I think is out of step with the thing that the majority of the court feels constitutional law should be like. Fourth Amendment cases have a very common law feel. I mean, to the point that you can say, the question is Gant for luggage, does the rule for cars [unintelligible , it's this common law, if you're a certain kind of formalist, can feel a little rootless.