Not often Smith v. Maryland & Third-Party Doctrine gets the spotlight on Senate floor. So that's something.
@byersalex And I think it's closer than 30 years. Soto appears persuasive on this front. @OrinKerr
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@emptywheel i've seen her stuff on this, but how does it appear she's persuaded colleagues? -
@byersalex Persuading. Not persuaded. I think that's part of why and how she concurred in Jones. -
@emptywheel@byersalex no one, not Soto included, has articulated the alternative test. hard to replace if no alternative. (2/2) -
@OrinKerr@emptywheel@byersalex have you written more extensively on this? -
@armandodkos@emptywheel@byersalex The law review version is here: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1138128 … -
@armandodkos@emptywheel@byersalex Sure. Oh, and less academic version in debate form here: http://www.abajournal.com/magazine/article/the_data_question_should_the_third-party_records_doctrine_be_revisited/ …
End of conversation
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