Category Archives: Criminal Law

Curbing Agency Power: Is Deference Owed to Agency Interpretations of Criminal Statutes?




Buried at the end of 24 pages of Supreme Court Orders on November 10, 2014 is an intriguing three-page Statement by Justice Scalia, joined by Justice Thomas, respecting the denial of certiorari in Whitman v. United States, No. 14-29. Whitman involved a criminal … Continue reading




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Off with the Fisherman’s Head: Yates v. United States and Prosecutorial Discretion




John Yates was a fisherman who allegedly threw undersized fish overboard to avoid prosecution for catching and keeping them in violation of federal regulations. In Yates v. United States, No. 13-7451 (argued November 5, 2014), the Supreme Court is asked to … Continue reading




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Maryland v. King: How Originalism Can Produce a Liberal Result




In Maryland v. King, No. 12-207 (June 3, 2013), a sharply divided Supreme Court held by a five-to-four vote that a DNA sample could be taken from a suspect at the time of arrest without a warrant. In King, a … Continue reading




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