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Oral Argument Now Available in SCOTUS Same-Sex Marriage Case

If you're interested in listening to today's SCOTUS oral argument in Hollingsworth v. Perry, it's now available on this page on the SCOTUS website. 

Civility and the Legal Profession

The Wall Street Journal has a thought-provoking article this week about efforts to increase polite interactions within the legal profession.  The New York Inn of Court recently organized a "Civility Seder," featuring judges belting out lyrics that call for more restrained attorney behavior.  Judge Richard Sullivan sang the following lyrics to the tune of "If I Were A Rich Man": 

If lawyers were more civil

Daidle deedle daidle daidle daidle deedle daidle dum

They'd treat their breth-er-en with more respect

Wouldn't always yell, 'object.'

Some of the attorneys interviewed for the story blamed the rise in rude behavior among lawyers to the lack of face-to-face interactions, which seems to definitely contribute to less civil behavior.  It's a lot harder to be impolite to opposing counsel when you've spent some time with them.  

Former USF Law Dean David Ratner on Las Vegas

San Francisco Chronicle columnist Jon Carroll has been writing about Oakland's crime woes, and our former dean, David Ratner, wrote an interesting response to one of Carroll's columns, discussing past alliances between organized crime and law enforcement in Las Vegas to control crime.  Here is an excerpt from Dean Ratner's response -- you can read the entire column here:

As a former Dean of USF Law School, I was intrigued by your 'modest proposal' for reform of Oakland law enforcement. Are you aware that a scheme very similar to the one you propose, in which law enforcement duties would be shared by the city and the leaders of organized crime, was developed and operated successfully for many years in the city of Las Vegas? This occurred during the period when most of the large casinos were run by the 'Jewish Mafia' and before they were taken over by large publicly-held corporations (our new form of 'organized crime').

SCOTUS and Obama's Second Term

Above the Law has a chatty post about the possibility of President Obama appointing another SCOTUS justice during his second term.  Some of the names being discussed as possible appointees: California Attorney General Kamala Harris (a graduate of my alma mater, UC Hastings!), Neal Katyal, and Judge Merrick Garland of the DC Circuit.

Criminal Law: Lying on Social Media

The Wall Street Journal has a story today, covered by the WSJ Law Blog, about whether posting fake news stories on social media during natural disasters like Hurricane Sandy could be considered a crime.  Lots of First Amendment scholars weighed in on the topic, including Eugene Volokh and Frederick Schauer.

Fisher v. UT at Austin: SCOTUSBlog's "In Plain English" Recap

Amy Howe at SCOTUSBlog posted her summary, The Fisher Argument in Plain English, after oral arguments today in one of the Court's most-scrutinized cases of the term, Fisher v. University of Texas at Austin.  Fisher involves a challenge to the use of race in the UT undergraduate admissions process. For full SCOTUSBlog coverage of Fisher, visit the recap page on SCOTUSBlog.

Preview of the Upcoming Supreme Court Term

The Court's October term is about to begin, and a number of legal scholars are weighing in on what to expect from the upcoming term.  Above the Law has links to several quick and easy-to-understand summaries of the major issues before the Court this term, including affirmative action, same-sex marriage, and more.  

Impending SCOTUS Appearance.

Q: What does Supreme Court Justice Sonia Sotomayor have in common with Halle Berry, Don Cheadle, Steve Carell, Jon Hamm, Joseph Gordon-Levitt, David Hyde Pierce, Timothy Olyphant, Maya Rudolph, and Zac Efron?

A: According to a recent news report all of them will be appearing on the upcoming season of Sesame Street. Justice Sotomayor will be reprising last year's visit to the Street. That appearance was made memorable by her controversial on-air ruling on a dispute between Baby Bear and Goldilocks concerning defendant's trespass and subsequent breaking of plaintiff's chair. Her impending appearance will be limited to a discussion of the meaning of the word "career" and is not expected to result in any new rulings.

Hing on Arizona's Immigration Law, SB 1070

Professor Hing just contributed the following essay, "Like It Or Not, Arizona's SB 1070 Is About Racial Profiling," on Huffington Post.  An excerpt from his post:

In the Obama administration's challenge to Arizona's anti-immigrant SB 1070, Department of Justice lawyers avoided arguing that any of the law's provisions, including the requirement that state police check the documents of suspected undocumented immigrants, invite racial profiling.

The technocrat lawyer in me might understand this strategy, reasoning that it's too soon to know if Latinos will be targeted by SB 1070 (although there's plenty of evidence already). The cynic in me believes that the Obama administration stayed away from racial profiling allegations because that claim falls too close to home. The framework for SB 1070 mirrors the federal immigration enforcement laws and guess what, ICE engages in racial profiling every day. The immigration historian in me, however, understands that SB 1070 is in fact all about racial profiling given the institutionalized racism under which the law and its copycat statutes across the country have emerged.

 

Professor Freiwald Blogs About Cell Site Location Data

USF Law professor Susan Freiwald has just started a stint as a guest contributor at Concurring Opinions (ranked among the top 10 law blogs) this week. Her first blog post, Fifth Circuit Considers Constitutionality of Cell Site Location Data is a primer on topic that has grown more timely of late in light of information uncovered by the ACLU and reported extensively in the New York Times.

Prof. Freiwald specifically addresses a pending case before the Fifth Circuit which could add some clarity to the question of under what circumstances government agents will be required to seek a probable cause warrant for cell phone location data. She is eminently qualified to write on the subject having submitted an amicus brief in the case.

This blog post is only the first of a series of posts that will be appearing in Concurring Opinions by Prof. Friewald on the topic. Scholars and citizens with and interest in civil liberties and digital privacy will be interested in following what promises to be a lively series of posts.