Commentary on The Roberts Court: Jonathan Adler has this post reflecting on a plenary panel discussion he attended at the AALS Mid-Year Conference. The panel focused on “The Changing Roberts Court”, and was Moderated by Lori Ringhand (UGeorgia). The panel featured Eric Segall (Georgia State), Erwin Chemerinsky (Duke/UCIrvine), and Lee Epstein (Northwestern). The post analyzes each of the panelist's views on the Roberts Court and the extent to which it can be deemed a "conservative court."
The Ninth Circuit Reasons Computers Are Like Briefcases for Fourth Amendment Purposes: Steven Kalar posted on a Ninth Circuit panel decision in United States v. Giberson on Sunday. The facts, according to Kalar, establish that Giberson was suspected of making fake ID's, and a search warrant authorized seizure of the relevant documents and records - but did not mention a computer. When Giberson's computer was seized, investigators were given a warrant to search its hard drive. This led to the discovery of child pornography. According to Kalar, the panel's decision held that because many records relating to the fake ID's were found near the computer, "It was therefore reasonable for officers to believe that the items they were authorized to seized would be found in the computer, and they acted within the scope of the warrant when they seized the computer.” Kalar finds the Ninth Circuit's willingness to extend Fourth Amendment “container” theory to computers particularly disturbing. He urges the Ninth Circuit to grant en banc review.
Creative Juvenile Punishment: Dan Slater at Wall Street Journal's LawBlog has a post on Vermont sentence for 28 teenagers who broke in Robert Frost's Vermont home, and proceeded to drink beer and vandalize the home. According to Slater, each teen was sentenced to two sessions of study with the Frost biographer, poet, and professor at Middlebury College, Jay Parini. The prosecutor in the case John Quinn, apparently thought up the punishment. Quinn told The New Yorker that in recommending the sentence: "I guess I was thinking that if these teens had a better understanding of who Robert Frost was and his contribution to our society, that they would be more respectful of other people’s property in the future.” One hopes the teens understand the value of the education they are receiving through this "punishment".
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