At some point in every lawyer’s career, they become familiar with, what I call, “hallway law.” This is the set of rules that everyone seems to think apply, but don’t actually have any basis in the law. Hallway law exists merely from inertia,...

The problem with the Fourth Amendment is that it doesn’t really say what we want it to say. It “secure[s]” the “right of the people” “against unreasonable searches and seizures[.]” But it doesn’t say anything about our privacy. While courts have spent most of the last...

Of all the many oddities and unfairness baked into administrative proceedings, the one most surprising to casual observers (read—my wife), is the fact that many administrative law judges (ALJs) are employed by the same agency prosecuting alleged violations of law in...