Melendez-Diaz Fallout: Tom Jackman at the WaPo has this story on the practical difficulties potentially created by the lab-tech confrontation case. One nugget: the Manhattan medical examiner's office has such high turnover that it is common that the ME who did the autopsy no longer works at the office by the time of trial.
Sotomayor Hearings: James Taranto at WSJ writes, "Under normal circumstances, a judge who says the things Sonia Sotomayor has said during her confirmation hearings would not be able to win confirmation in a Senate with a solid Democratic majority.... She's practically a new Robert Bork!" No, he doesn't think she really is.
Shield Law. A student journalist claims a privilege not to turn over photographs of a murder he happened to be present for, AP reports from SF. No confidential sources of the type shield laws are intended to protect are involved in the case. California's [over]broadly written provision, Cal. Const. Art. I ยง 2(b), may actually allow this, and the trial judge has ruled in his favor. Note to student: just because you have the right to do (or not do) something doesn't make it right. Privileges can and should be waived by the holder when there is a compelling reason for disclosure and when the reason for the privilege does not apply.
Sotomayor Hearings: James Taranto at WSJ writes, "Under normal circumstances, a judge who says the things Sonia Sotomayor has said during her confirmation hearings would not be able to win confirmation in a Senate with a solid Democratic majority.... She's practically a new Robert Bork!" No, he doesn't think she really is.
Shield Law. A student journalist claims a privilege not to turn over photographs of a murder he happened to be present for, AP reports from SF. No confidential sources of the type shield laws are intended to protect are involved in the case. California's [over]broadly written provision, Cal. Const. Art. I ยง 2(b), may actually allow this, and the trial judge has ruled in his favor. Note to student: just because you have the right to do (or not do) something doesn't make it right. Privileges can and should be waived by the holder when there is a compelling reason for disclosure and when the reason for the privilege does not apply.
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