A Service from the ABA Criminal Justice Section, http://www.abanet.org/crimjust
United States v. Stevens (No. 08–769)
United States Supreme Court Opinion Decided: April 20, 2010
What Should Be The Appropriate Privacy Expectations Of A Public Employee When Text Messaging On the Job?
In City of Ontario California et. al. v. Jeff Quon et. al. the U.S. Supreme Court is wrestling with the issue of whether public employees are entitled to a reasonable expectation of privacy in text messages transmitted on their workplace pages or similar devices without such messages being subject to review from recipients public employer. The city of Ontario, California is asking the justices to overturn a ruling by the U.S. Court of Appeals for the Ninth Circuit, holding that it violated the Fourth Amendment privacy rights of Mr. Quon, a member of the Ontario police department SWAT team, when it reviewed transcripts of his and another offiicer’s text messages on their department pagers. Below are links to the argument transcipts and other docuemts related to this case:
Argument: City of Ontario California, et. al. v. Jeff Quon, et. al. 08-1332
The Scotus Wiki contains links to other useful documents related to this case.
What Should Be the Proper Role of Judges In Our Constitutional System?
In his provocative Opinion piece Our Fill-in-the-Blank Constitution in the April 13 New York Times, Geoffrey Stone examines this question and more. He emphasizes that contitutional law is not a mechanical exercise in just applying the law, a fact that needs always to be considered in the selection and evaluation of judges and justices.. Here are two excerpts from the article:
“AS the Senate awaits the nomination of a new Supreme Court justice, a frank discussion is needed on the proper role of judges in our constitutional system. For 30 years, conservative commentators have persuaded the public that conservative judges apply the law, whereas liberal judges make up the law….”
“So, how should judges interpret the Constitution? To answer that question, we need to consider why we give courts the power of judicial review – the power to hold laws unconstitutional – in the first place. Although the framers thought democracy to be the best system of government, they recognized that it was imperfect. One flaw that troubled them was the risk that prejudice or intolerance on the part of the majority might threaten the liberties of a minority. As James Madison observed, ( http://www.constitution.org/jm/17881017_bor.htm ) in a democratic society “the real power lies in the majority of the community, and the invasion of private rights is chiefly to be apprehended … from acts in which the government is the mere instrument of the major number of the constituents.” It was therefore essential, Madison concluded, for judges, whose life tenure insulates them from the demands of the majority, to serve as the guardians of our liberties and as “an impenetrable bulwark” ( http://press-pubs.uchicago.edu/founders/documents/v1ch14s50.html ) against every encroachment upon our most cherished freedoms.”
Brennan Center Launches Online Book Review Website
The Brennan Center has launched an online book review site with a focus soley on books about law and policy. The site (Just Books) includes book reviews, author interviews, and recommended reading from prominent legal figures.The site was spearheaded by Susan Lehman, the director of communications and strategy at the Brennan Center. Ms. Lehman said “I want it to be a virtual water cooler for lawyers and people who work in policy….There are declining venues for serious material….Clearly there is a continuing appetite for that material.”
We agree. Many thanks to Susan Lehman for spearheading this worthy project.
Forthcoming Books About Cybercrime: To June 2010
Title: Principles of Cybercrime
Author: Clough, Jonathan Publisher: Cambridge University Press ISBN or UPC: 0-521-89925-7 (Active Record)
Format: Trade Cloth Date: May 2010 Price: $125.00 Market: United States Availability: Available for Order
Important Changes to OCLC’s Content Services
In March 2010 OCLC announced an important change to their FirstSearch content services. According to the announcement, OCLC is transitioning out of their role as reseller of vendor-owned content. Therefore they will transfer or discontinue sale of the vendor-owned databases on FirstSearch when subscriptions have ended. According to the announcement, they will instead increase their focus for both FirstSearch and WorldCat.org on providing libraries with access to a rich set of library-owned content and increasing visibility and access to the full scope of a library’s collection. They will work with libraries, publishers and other information providers to expand WorldCat.org as a comprehensive platform for eContent. As a part of this migration, EBSCO has acquired the rights to license a select number of vendor-owned databases that OCLC currently offers on FirstSearch. OCLC’s long-term relationship with H.W. Wilson is also changing as OCLC will work together to transition from reselling Wilson databases on FirstSearch to indexing Wilson databases in WorldCat Local over the coming months. According to OCLC there will be no interruption in service to libraries.
FirstSearch FAQ’s: http://www.oclc.org/firstsearch/content/questions/
EBSCO News Release: http://www.oclc.org/news/releases/2010/201015.htm
U.S. Department of Transportation Partners With Cornell University in Pilot Project Regulation Room for eRulemaking
“On January 21st, 2009, President Obama issued a Memorandum on Transparency and Open Government in which he described how: ‘public engagement enhances the Government’s effectiveness and improves the quality of its decisions. Knowledge is widely dispersed in society, and public officials benefit from having access to that dispersed knowledge.’
To support the President’s open government initiative, DOT has partnered with the Cornell eRulemaking Initiative (CeRI) in a pilot project, Regulation Room, to discover the best ways of using Web 2.0 and social networking technologies to: (1) alert the public, including those who sometimes may not be aware of rulemaking proposals, such as individuals, public interest groups, small businesses, and local government entities that rulemaking is occurring in areas of interest to them; (2) increase public understanding of each proposed rule and the rulemaking process; and (3) help the public formulate more effective individual and collaborative input to DOT. Over the course of several rulemaking initiatives, CeRI will use different Web technologies and approaches to enhance public understanding and participation, work with DOT to evaluate the advantages and disadvantages of these techniques, and report their findings and conclusions on the most effective use of social networking technologies in this area….”
Quote from U.S. Department of Transportation Website.
New Website: Alabama Supreme Court and State Law Library
The Alabama Supreme Court and State Law Library is pleased to announce the launch of its new website. Please check us out at http://judicial.alabama.gov/library.cfm. As part of our redesign, we are proud to present the full text of the Alabama Rules of Court-Civil, Criminal, Small Claims, Juvenile, Appellate, and Judicial Administration and the accompanying forms.
Findlaw Case Law Summaries: Criminal Law and Procedure. April 5 – April 9, 2010.
To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw
April 5 – April 9, 2010:.
U.S. 1st Circuit Court of Appeals, April 01, 2010 Chamberlin v. Town of Stoughton, No. 08-1289 In plaintiff-officers’ 42 U.S.C. section 1983 suit against a town, its officials and police chiefs involving various workplace discrimination and harassment claims, district court’s grant of a directed verdict in favor of one of the two police chiefs is affirmed as any error in granting the directed verdict was harmless because of the rejection of plaintiffs’ claims against the other police chief by a different jury in a second trial.
U.S. 1st Circuit Court of Appeals, April 06, 2010 US v. Flores-Rivera, No. 09-1131 In defendant’s action seeking return of seized property without notice arising from his drug arrest and conviction in 1991, district court’s ruling that his property should be returned but simultaneously ordering that the funds be applied to defendant’s criminal fine is vacated and remanded with instructions to promptly conduct a hearing, follow the applicable statutory procedures, and otherwise provide defendant with the long-delayed process to which he is entitled.
U.S. 3rd Circuit Court of Appeals, April 06, 2010 US v. Sed, No. 09-1489 In a prosecution of defendant for conspiracy to distribute and possess with the intent to distribute drugs and other related crimes, defendant’s conviction and sentence is affirmed where: 1) the seizure of defendant by Pennsylvania State Police in Ohio was not unreasonable and the district court did not err in denying his motion to suppress; and 2) the district court did not err when it failed to grant defendant a downward departure or an additional downward variance as the record amply supports the district court’s conclusion that defendant perjured himself and that the Pennsylvania State Police did not act improperly in conducting their sting operation.
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Findlaw Case Law Summaries: Constitutional Law. April 5 – April 9, 2010.
To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw
April 5 – April 9, 2010:.
U.S. 1st Circuit Court of Appeals, April 01, 2010 Chamberlin v. Town of Stoughton, No. 08-1289 In plaintiff-officers’ 42 U.S.C. section 1983 suit against a town, its officials and police chiefs involving various workplace discrimination and harassment claims, district court’s grant of a directed verdict in favor of one of the two police chiefs is affirmed as any error in granting the directed verdict was harmless because of the rejection of plaintiffs’ claims against the other police chief by a different jury in a second trial.
U.S. 4th Circuit Court of Appeals, April 09, 2010 Educational Media Co. v. Swecker, No. 08-1798 In an action brought by college newspapers alleging that two of Virginia’s Alcoholic Beverage Control Board’s regulations restricting alcohol advertisements violate their First Amendment rights, summary judgment declaring both provisions facially unconstitutional and permanently enjoining their enforcement is reversed and remanded where, on its face, the Board’s ban on alcoholic advertisements in college student publications passes muster under Central Hudson Gas & Elec. Corp. v. Public Serv. Comm’n of New York, 447 U.S. 557 (1980). .
U.S. 5th Circuit Court of Appeals, April 07, 2010 Jennings v. Owens, No. 09-50047 In an action claiming that officials from the Texas Board of Pardons and Paroles and the Texas Department of Criminal Justice committed procedural due process violations after the Board of Pardons and Paroles imposed sex offender special conditions on plaintiff’s parole, summary judgment for plaintiff is reversed where, because plaintiff was indeed a sex offender, he failed to show that he had a liberty interest that was infringed when the parole board imposed sex offender special conditions on his parole.
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