Unpublished Opinions 26 | The Batman Approach
John Wrench is joined by Kirby West and Josh Windham to discuss some of the major threats to liberty, including warrantless mass surveillance, the facial/as-applied distinction, and grade inflation. They begin with IJ’s recent victory—the Pennsylvania Supreme Court’s unanimous rejection of the so-called “open fields doctrine”—while puzzling over the difference between facial and as-applied relief. Mass surveillance remains a theme as they comment on growing opposition to automated licensed plate readers (ALPRs), which has stimulated everything from litigation to proposed legislation to a recent instance of “self-help.” Finally, prompted by a recent change at Yale Law School, they consider The Curve, inflated grades, and what that all means for legal education.
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