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endment Principles to Evolving Privacy Expectations in Cloud Computing, 93 Minn. L.Rev. 2205. 2216 (2009) (internal citations omitted). As Justice Scalia wrote. "It would be foolish to contend that the degree of privacy secured to citizens by the Fourth Amendment has been entirely unaffected by the
ment of the case. Judge Wardlaw was drawn as her replacement. Opinion by Judge McKEOWN; Partial Concurrence and Partial Dissent by Judge CALLAHAN; Dissent by Judge MILAN D. SMITH, JR. OPINION McKEOWN, Circuit Judge: Every day more than a million people cross American borders, from the physical bord
nion is like a pirate ship. It sails under a textualist flag, but what it actually represents is a theory of statutory interpretation that Justice Scalia excoriated ...."). The dissents commit a basic error of statutory interpretation by reading subsections (a)(5), (aX8), and (dX3) in isolation with
of whether the remedy provision in § 377I(d) applies pre-charge. Second, as to the merits of that first en banc issue, I agree with Judge Branch's Dissent that under the plain language of the CVRA victims have reasonable rights to confer with prosecutors and these rights attach pre-charge, and that th
y affect interstate commerce. See also United States I Ili 514 U.S. 549, 558-59, 115 S.Ct. 1624, 1 1 L. .2d 626 (1995); Reich, 125 S.Ct. at 2215 (Scalia, J., concurring) (noting that *1103 for over thirty years, "our cases have mechanically recited that the Commerce Clause permits congressional reg
bert S. Lasnik, District Judge, Presiding. D.C. No. CR- 03-00406-L. Before HUG, FERGUSON, and McKEOWN, Cir- cuit Judges. Opinion by Judge McKEOWN; Dissent by Judge FERGUSON. C 2008 Thomson/West. No Claim to Orig. U.S. Govt. Works. haps://web2.westlaw.com/print/printstream.aspx?sv=Full&rs=WLW8.018Lprf
Entities connected to both Scalia and Dissent

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