Archive for June 1st, 2010

Supreme Court Issues New Guidance on Miranda »

Today, in a 5-4 decision, the Court issued an opinion in Berghuis v. Thompkins. The Court held that that a defendant who refused to sign a waiver form after being advised of his Miranda rights, and then was silent for most of a three-hour custodial interrogation before incriminating himself in a shooting, had waived his right to…
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Consent of the Governed? »

What gives some people the right to rule others? At least since John Locke’s time, the most common and seemingly compelling answer has been “the consent of the governed.” When the North American revolutionaries set out to justify their secession from the British Empire, they declared, among other things: “Governments are instituted among Men,…
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