Not often Smith v. Maryland & Third-Party Doctrine gets the spotlight on Senate floor. So that's something.
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@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/ …
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@emptywheel@byersalex Soto's arg had 3 votes when Marshall made it in 1966. Not clear there is more than 1 now. Hard to say, b/c (1/2) - 1 more reply
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