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May 16, 2008

"my laptop is broken" ...

Surfing the class.  Ian Ayres. New York Times (May 13, 2008):

'Several years ago I watched a particularly memorable “Law Revue” skit night at Yale. One of the skits had a group of students sitting at desks, facing the audience, listening to a professor drone on.  All of the students were looking at laptops except for one, who had a deck of cards and was playing solitaire. The professor was outraged and demanded that the student explain why she was playing cards. When she answered “My laptop is broken,” I remember there was simultaneously a roar of laughter from the student body and a gasp from the professors around me..."

May 15, 2008

myspace suicide

United States District Court for the Central District of California - Indictment [10pdf.] 

supreme court empirical analysis

The Supreme Court's Deference Continuum, An Empirical Analysis (Chevron to Hamdan).  By WILLIAM N. ESKRIDGE Jr. and LAUREN BAER.  Georgetown Law Journal, April 2008.  [ABSTRACT Available via SSRN @ http://papers.ssrn.com/sol3/papers.cfm?abstract_id=994335]

The Georgetown Law Journal links to the full text pdf of the article - The Continuum of Deference: Supreme Court Treatment of Agency Statutory Interpretations from Chevron to Hamdan: http://www.georgetownlawjournal.org/issues/pdf/96-4/Eskridge-Baer.PDF

"Eskridge and Baer conducted an empirical study of all 1014 Supreme Court cases between 1984 and 2006 (inclusive) in which an agency interpretation of a statute was at issue. Each case was coded for 156 variables. This article, presented in preliminary form as the 2007 Ryan Lecture at the Georgetown University Law Center, will be the first comprehensive empirical analysis of the Supreme Court's actual practice in agency interpretation cases. The study was motivated by academic debates about how extensive the Supreme Court's “Chevron Revolution” has been and ought to be, debates typically conducted without any systematic grounding in the Court's actual practice..."

sources of court data online ...

i am quite familiar [with] and fond of the harvard law review's indispensable annual november "statistics" section (2007 here) .... [as orin kerr said, "...  it wouldn't be the annual Supreme Court issue without the Term Statistics..."

But here are a few other potential sources of court data ... for the data curious ... Any unmentioned favorites?

cali same sex marriage decision in

ACSBlog (American Constitution Society for Law and Policy):  California Supreme Court Rules Lesbian and Gay Couples Have Right To Marry

"California’s Supreme Court ruled 4-3 today that the state may no longer exclude same-sex couples from civil marriage.  In In re Marriage Cases, a consolidation of the cases brought on behalf of 14 same-sex couples as well as the City of San Francisco under the California state constitution, the Court ruled that the marriage ban violates the state’s fundamental constitutional right to form a family relationship and the state constitution’s equal protection clause..."

The Ramones -

testing ... disregard sort of ...

baze post mortem

From Sentencing Law & Policy -  A Month After Blaze, Has Anything Really Changed?  "[A]ll Baze really achieved was a brief national hiatus in executions and a new focal point for legal arguments in lethal injection litigation: state prosecutors will assert that their state's protocol and history is just like Kentucky's; defense attorneys will assert that the evidence shows otherwise.  Looking back a month after the Baze ruling, it is hard to see how the Supreme Court's decision to take up lethal injection protocols really advanced the capital ball much at all..."

bitemarks

"A forensic dentist who helped identify victims of the cannibalistic Milwaukee serial killer Jeffrey Dahmer and whose work has been criticized by other forensic experts is helping researchers at Marquette University build a computer program to measure and catalog bite mark characteristics and their frequency. While bite marks are sometimes used in court, the discipline has been widely discredited and is not a validated science... While bite mark analysis may be the most notorious of the dubious techniques that are cloaked in science when introduced in court, there are several scientific disciplines that are not validated and have contributed to wrongful convictions. Read more about unreliable and limited scientific techniques."

innocence project blog http://www.innocenceproject.org/Content/1346.php

9/11 capital case

"A Pentagon official has formally approved death penalty charges against reputed 9/11 architect Khalid Sheik Mohammed and four other men for allegedly conspiring in the Sept. 11 attacks, according to their charge sheet obtained Monday night ...."  5 Gitmo detainees to face 9/11 capital case.  By Carol Rosenberb. The Miami Herald (May 12, 2008).

what judges really want ...

"Although lawyers do a good job articulating legal issues and citing controlling, relevant legal authority, they are not doing enough with the law itself... The problem seems to be that briefs lack rigorous analysis, and the bulk of the work is left to busy judges. Many judges also indicated that lawyers often make redundant or weak arguments that detract from the good ones. What judges really want is shorter, harder hitting briefs... [NELLCO]

Kristen K. Robbins Tiscione,  "The Inside Scoop: What Federal Judges Really Think about the Way Lawyers Write" (May  8, 2008). Georgetown Law. Georgetown Law Faculty Working Papers. Paper 59.
http://lsr.nellco.org/georgetown/fwps/papers/59

May 14, 2008

"murder-suicide in the u.s."

American Roulette: Murder-Suicide in the United States (PDF; 585 KB)
Source:  Violence Policy Center (http://www.vpc.org/)
From press release:

"At least 554 Americans died in murder-suicides during the first six months of 2007 with the vast majority (88.5 percent) involving a firearm, according to the third edition of the Violence Policy Center’s (VPC) study American Roulette: Murder-Suicide in the United States. Using these figures, the VPC estimates that more than 1,100 Americans died in murder-suicides in 2007. The murder-suicides included in the study range from high-profile mass shootings like the April 16, 2007, Virginia Tech massacre to familial shootings claiming the lives of spouses and children..."

May 13, 2008

examining "unusual"

Shapiro, Joshua Lane, "And Unusual: Examining the Forgotten Prong of the Eighth Amendment" . Emory Public Law Research Paper No. 07-8 Available at SSRN: http://ssrn.com/abstract=968872 [The University of Memphis Law Review. Memphis: Winter 2008. Vol. 38, Iss. 2; pg. 465, 23 pgs]

... [E]xplores the correct level of generality we must use to decipher unusual. Arriving at the determination that the appropriate level of generality is the number of states that either have or do not have death penalty provisions, this essay concludes that the appropriate benchmark for determining whether a punishment is unusual is when three-fourths of the states forbid its imposition. Finally, this essay applies this three-fourths formula to the factual settings before the United States Supreme Court in Atkins v. Virginia (death penalty for the mentally retarded) and Roper v. Simmons (death penalty for juveniles) and asks whether we would be comfortable or confident with the results. 

hollywood

California Supreme Court rules for prosecutor who advised filmmakers - A Santa Barbara County deputy district attorney may stay on a death penalty case even after consulting on 'Alpha Dog,' a movie about an accused killer; Other rulings address similar potential conflict.  Maura Dolan, Los Angeles Times,May 13, 2008.

aka, Hollywood v. Super. Ct. S147954 (5/12/08)

law school laptop bans : ssrn

Yamamoto, Kevin, "Banning Laptops in the Classroom: Is it Worth the Hassles?" . Journal of Legal Education, Vol. 57, 2008 Available at SSRN: http://ssrn.com/abstract=1078740

Over the last several years law school classrooms have seen an explosion of student laptop use. Law professors have allowed this by default, generally under the pretense that laptops make note-taking easier. However, many professors complain that students use their laptops to play games, watch movies, or if they have an Internet connection, to do web surfing and e-mailing during class. This paper presents my experience in banning laptops from my classroom in the Fall of 2006, the first time it was done at my institution. The article covers the reasons for and against allowing laptops in the classroom, my reasoning and procedure for banning them, perceived differences in the classroom experience and relevant student comments from my course evaluations, which were overwhelmingly positive to the laptop ban. Also covered are the cognitive psychological reasons in support of banning laptops. Studies show that lower grades were correlated with increased student web browsing during class (Grace-Martin & Gay, 2001; Hembrooke & Gay, 2003), and the amount of time which students used their laptops for tasks other than taking lecture notes (Fried, 2007). MRI studies of the brain indicate that the brain stores information differently when distracted, which occurs when students attempt to multi-task in class (Foerde, Knowlton, & Poldrack, 2006). The science of note-taking is also covered, which indicates verbatim typing may interfere with learning (e.g., Kiewra, 1991). The paper concludes by urging law school professors to review why laptops are allowed in their classrooms and, unless they feel that laptops increase student learning, to ban or heavily restrict their classroom use.

May 12, 2008

eight belles

WSJBlog -- Eight Belle’s Euthanasia: More Humane Than Capital Punishment?  ... "Did Eight Belles, the Kentucky Derby contender (pictured) that was euthanized on the track minutes after breaking both front ankles, suffer a more humane fate than Kentucky’s death-row inmates? That was the question raised on Friday, when Justice Stevens, speaking to lawyers and judges in Chattanooga, said he was surprised that Kentucky law prohibits killing animals with one of the drugs in a three-drug cocktail whose constitutionality was affirmed last month by the High Court in Baze v. Rees. (Find LB coverage here.) Click here for a story from the Chattanooga Times Free Press...."

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