The bar exam, so the saying goes, is like fording a river that is a mile wide but only an inch deep. Cliché though it may be, the analogy serves as a useful reminder that the exam tests candidates largely on settled, black-letter law rather than novel questions typical of law school exams. Most readers, … Continue Reading
Earlier this week, in a case that attracted media attention, the Sixth Circuit unanimously affirmed a $13.2 million jury verdict in favor of David Ayers, who spent 12 years in prison based on a state-court murder conviction after detectives used a fellow inmate to extract statements from Ayers in violation of his Sixth Amendment right … Continue Reading
Earlier this week, the Sixth Circuit issued a ruling in Maxwell v. Dodd (6th Cir. 09-2538 & 10-1663, Dec. 6, 2011) (PDF), a case involving a Bivens and civil conspiracy claim filed against federal agents for an allegedly unconstitutional search of a residence. The Court affirmed the trial court and the jury’s verdict, but, along … Continue Reading