The Supreme Court on Tuesday released its decision in Berghuis v. Thompkins, reversing the 6th Circuit and eviscerating the simple bright line rule of Miranda: The police must advise suspects of their rights; for responses to police questioning to be admissible in court, the suspects must make a knowing, intelligent and voluntary waiver of those [...]
random quotes ... to amuse, inspire, enrage:
Please explain to me the scientific nature of the whammy.
Some interesting commentary on Sotomayor and the First Amendment from Paul Levinson: * http://paullevinson.blogspot.com/search/label/Sonia%20Sotomayor * http://paullev.libsyn.com/index.php?post_id=497539 * http://paullevinson.blogspot.com/search/label/Sonia%20Sotomayor I haven’t had time yet to dig into Sotomayor on intellectual property, telecomm, and other information law issues, but this is discouraging. Franken of course I have hopes for: After Fox News sued him for trademark infringement [...]
Speaking of penumbra yet again (1, 2) , I had previously blogged about a Circuit split on laws banning sex toys — it was Valentine’s Day, and I was feeling a bit whimsical, so I wished for a “penumbra” that would strike down stupid laws. LawPundit “ha[s] an opinion” on my wish for a penumbra [...]
Well, Steve Jobs certainly looks prescient, what with EMI dropping DRM for its iTunes sales. Why do I suppose they were already in negotiations when Steve Jobs wrote his editorial? Never mind, it’s still good news. (As is the decision from the Supreme Court on EPA’s responsibility to regulate greenhouse gases, a case that worried [...]
… DRAFT: a work in progress; will be updated as I review more cases (or find typos) … Well, according to NPR, Judge Sam Alito from the Third Circuit is nominated. I’m sure that everyone will be all over his record on every conceivable issue in no time at all, but I’m looking at his [...]