Opinions, Opinions, Opinions: SCOTUSblog's Lyle Denniston announces today that the U.S. Supreme Court is expected to issue one or more decisions on Monday, January 25th. The Court will then recess until its private conference on February 19th. Also on SCOTUSblog today is Stanford Law student, Tiffany Cartwright's summary of the Court's opinion in Wood v. Allen. Cartwright writes that instead of ruling on the issue the Court granted certiorari to resolve, "the Court held that Wood's claim failed under any interpretation of the [habeas] statute." And, in a post unrelated to criminal law, Tony Mauro reports on the "outpouring of words" from advocacy groups over the Court's decision in Citizens United.
Broad Internet Restriction Approved for Sex Offender: On Sentencing Law and Policy, Doug Berman reports on the D.C. Circuit Court's "pretty broad internet restriction on a pretty bad sex offender" in U. S. v. Love. Apparently, after reviewing the record of the district court, the D.C. Circuit concluded that a probation condition banning Love's use of the Internet "only [for] electronic communication involving prohibited sexual material, or, alternatively, [requiring] that his Internet use be monitored remotely by the Probation Office[,]" was appropriate for a sex offender who had distributed child pornography and attempted to solicit sex with a minor through the Internet. The court made this ruling even though it found "Love's potential recidivism is substantial, and his inclination towards reoffending is great." The ruling in Love was issued on the same day as a report that starting Monday, California will not be monitoring low-level offenders. Hopefully, an offender like Love would not fall into the "low-level" group.
An Examination of the NAS Forensic Report: CrimProf Blog's editor, Kevin Cole, posts a link to D. Michale Risinger's forthcoming law review article, The NAS Report on Forensic Science: A Path Forward Frought with Pitfalls. The article, which can be downloaded on SSRN, takes a look at the National Academy of Sciences (NAS) Forensic Report and concludes that "[a]s a well-documented catalogue of the problems of forensic science by a highly credentialed body, this report is hugely important. But as a blueprint for change, it is subject to some serious reservations."
"The Emerging Law of Detention: The Guantánamo Habeas Cases as Lawmaking": That's the title of Howard Bashman's link on How Appealing to a study by the same name by Benjamin Wittes of the Brookings Institution and Robert Chesney of the University of Texas Law School. According to the study's Executive Summary, the study examines lower court treatment of the detainees habeas corpus lawsuits and the "rules the courts--in their capacity as default legislators--are writing for the military and for the nation as a whole." Through the report, the authors hope "to describe in detail and analyze the courts' work to date--and thus map the contours of the nascent law of military detention that is emerging from it."
Broad Internet Restriction Approved for Sex Offender: On Sentencing Law and Policy, Doug Berman reports on the D.C. Circuit Court's "pretty broad internet restriction on a pretty bad sex offender" in U. S. v. Love. Apparently, after reviewing the record of the district court, the D.C. Circuit concluded that a probation condition banning Love's use of the Internet "only [for] electronic communication involving prohibited sexual material, or, alternatively, [requiring] that his Internet use be monitored remotely by the Probation Office[,]" was appropriate for a sex offender who had distributed child pornography and attempted to solicit sex with a minor through the Internet. The court made this ruling even though it found "Love's potential recidivism is substantial, and his inclination towards reoffending is great." The ruling in Love was issued on the same day as a report that starting Monday, California will not be monitoring low-level offenders. Hopefully, an offender like Love would not fall into the "low-level" group.
An Examination of the NAS Forensic Report: CrimProf Blog's editor, Kevin Cole, posts a link to D. Michale Risinger's forthcoming law review article, The NAS Report on Forensic Science: A Path Forward Frought with Pitfalls. The article, which can be downloaded on SSRN, takes a look at the National Academy of Sciences (NAS) Forensic Report and concludes that "[a]s a well-documented catalogue of the problems of forensic science by a highly credentialed body, this report is hugely important. But as a blueprint for change, it is subject to some serious reservations."
"The Emerging Law of Detention: The Guantánamo Habeas Cases as Lawmaking": That's the title of Howard Bashman's link on How Appealing to a study by the same name by Benjamin Wittes of the Brookings Institution and Robert Chesney of the University of Texas Law School. According to the study's Executive Summary, the study examines lower court treatment of the detainees habeas corpus lawsuits and the "rules the courts--in their capacity as default legislators--are writing for the military and for the nation as a whole." Through the report, the authors hope "to describe in detail and analyze the courts' work to date--and thus map the contours of the nascent law of military detention that is emerging from it."
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