Pirates Are International Outlaws, Not Criminal Defendants: Daniel A. Rezneck writes for the Legal Times that "Pirates deserve something other than fancy legal proceedings." Rezneck writes that before the United States decides to grant the Somali pirates the rights of U.S criminal defendants, it should consider that the United States is not required to grant pirates the protections of the criminal justice system. Quoting Justice Story's opinion in The Marianna Flora, Rezneck calls pirates "the common enemies of all mankind, and, as such, are liable to the extreme rights of war." For Rezneck this means that the protections granted under our federal statutes (18 U.S.C. §1651 and 18 U.S.C. §1203), should not limit the power of the United States to impose international law (which traditionally subjects pirates to the death penalty) on captured pirates.
"Moore" on Gant, and Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Elahi: At SCOTUSblog, Kristina Moore has a post summarizing two of today's opinions from the U.S. Supreme Court. In her post, Moore summarizes the majority, concurring and dissenting opinions in Arizona v. Gant. She also reports on the Court's decision to deny Elahi's right to obtain $312 million from a default judgment against Iran because he had waived his right to do so by accepting $2.3 million from the federal government under the Victims of Trafficking and Violence Protection Act of 2000 (VPA). Kent's post on Arizona v. Gant is available here. At Volokh Conspiracy, Orin Kerr also comments on the interesting fact that Justice Stevens "has stayed pretty consistent" in interpreting the automobile exception to the warrant requirement.
Another Arizona Search Case: Tony Mauro reports on today's oral argument in Safford Unified School District v. Redding at Blog of the Legal Times. Safford, known as the "student strip search case," addresses whether the Fourth Amendment prohibits public school officials from conducting a strip search of a student suspected of possessing and distributing prescription drugs. Mauro reports that today's argument demonstrates that the Justices desire to "draw a line between student privacy and school safety...." According to Mauro, Justice Ginsburg seemed particularly concerned with the severity of the search, while Justice Breyer appeared to believe it was reasonable to believe the drugs could only be found by closely searching the girl's clothing. Lyle Denniston also has an analysis of the argument here.
"Moore" on Gant, and Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Elahi: At SCOTUSblog, Kristina Moore has a post summarizing two of today's opinions from the U.S. Supreme Court. In her post, Moore summarizes the majority, concurring and dissenting opinions in Arizona v. Gant. She also reports on the Court's decision to deny Elahi's right to obtain $312 million from a default judgment against Iran because he had waived his right to do so by accepting $2.3 million from the federal government under the Victims of Trafficking and Violence Protection Act of 2000 (VPA). Kent's post on Arizona v. Gant is available here. At Volokh Conspiracy, Orin Kerr also comments on the interesting fact that Justice Stevens "has stayed pretty consistent" in interpreting the automobile exception to the warrant requirement.
Another Arizona Search Case: Tony Mauro reports on today's oral argument in Safford Unified School District v. Redding at Blog of the Legal Times. Safford, known as the "student strip search case," addresses whether the Fourth Amendment prohibits public school officials from conducting a strip search of a student suspected of possessing and distributing prescription drugs. Mauro reports that today's argument demonstrates that the Justices desire to "draw a line between student privacy and school safety...." According to Mauro, Justice Ginsburg seemed particularly concerned with the severity of the search, while Justice Breyer appeared to believe it was reasonable to believe the drugs could only be found by closely searching the girl's clothing. Lyle Denniston also has an analysis of the argument here.
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