The Plain View Doctrine in Computer Forensic Searches: The Ninth Circuit Weighs In—Incorrectly I Might Add
Posted by msheetz in Cybercrime on August 27th, 2009
Every change in technology brings with it complications for judges who are charged with fleshing out the broad principals of due process that are spelled out in the text of our most revered founding documents—chief among them the Constitution. Computers are not the first such technological breakthrough that has forced courts, and appellate courts in particular—to wrestle with the difficult charge of applying ancient legal concepts to unforeseen situations. Before computers we had audio technology and more recently thermal imaging equipment. In all these cases some court is charged with trying to take existing laws and “make them fit” these changes in our level of sophistication. This is in fact the foundational underpinning of our entire common law system—except that sometimes, as in the Ninth Circuit’s recent decision in United States v. Comprehensive Drug Testing, Inc. 2009 U.S. App. Lexis 19119 they go beyond the narrow strictures of Stare Decisis and break new—doctrinally unsound—ground.
Elizabeth: Reflections on Cinematic Design
Posted by msheetz in Photography and Cinematography on August 24th, 2009
Cinematically, this film was a deep and complex account of the rise of Queen Elizabeth I, in which director Shekhar Kapur and his director of photography Remi Adefarasin artfully combined contrasting linear and shape motifs, with carefully chosen color palettes to reinforce the underlying thematic threads of the film—transformation and rebirth. Read the rest of this entry »
Police Officer Memorial Day: Honoring our Fallen Heroes
In 1962, President John F. Kennedy designated May 15th as Peace Officer Memorial Day. Since that time, each year the week surrounding that date has been known as National Police Week. This year, National Police Week runs from May 10 – 16. This is a time when we set aside a few moments to remember the police officers who have made the ultimate sacrifice during the annual Peace Officer Memorial Day Service at the U.S. Capital on May 15th – this one of only two days each year when all government agencies, businesses, and residents are requseted to fly their flags at half-staff. But this year, I am asking that we do more than honor our fallen—I ask that we remember those who currently serve. Read the rest of this entry »
Inappropriate Behavior: The Questionable Benefits of a Celibate Life
Over the past two weeks, the Catholic Church in south Florida has been rocked by yet another scandalous incident involving a respected member of their clergy. I am of course referring to Father Alberto Cutie and his indiscrete romp with a buxom brunette on a local beach. I must confess that when the news story first broke, my first reaction was, “thankfully it wasn’t another ‘priest molests young boy’ story.” It is a sad commentary on life when the community is relieved that the most recent priestly indiscretion is nothing more than a heterosexual tryst. Notwithstanding my relief, I feel compelled to weigh in on Father Cutie and his manly urges. Read the rest of this entry »
An Ode to Underwear
I’ve recently been dieting. It has been a successful enough adventure that my shrinking waist has forced me to hit the stores for some new clothes. What I have learned over the past few weeks can definitely be categorized as “things I learned in route to other things.” Read the rest of this entry »
With Great Power Comes Great Responsibility
Anything that offers you the power to accomplish great things comes with the responsibility of using that power wisely. Such is the case with the iPhone. Read the rest of this entry »
The Third Reich Rides Again.
After spending an entire semester drilling the finer points of rule 11, and rule 26, and all the other federal rules of civil procedure into our mushy first-year brains, Professor Stefan left us with one final thought. Read the rest of this entry »
“The Great Leventhal” and his courtroom conjuring
In law school I had the good fortune of taking Analysis of Evidence with Professors Twining and Anderson. Apart from teaching me the valuable skill of marshalling facts to support a theory, they introduced me to one more important concept—the value of performance as a persuasive tool. A recent post to the Law.com newsfeed prompted me to ask myself, at what point should the legal community draw the line? Read the rest of this entry »
Some days are better than others . . .
We all have good days and bad days. I guess our hope then is that our good days outnumber our bad days when we total them up in the end. After Friday you can add another check mark to my good days column. Read the rest of this entry »
(You get the idea)
Writing inspiration comes from some strange places. Take for example my inspiration for tonight’s journal entry—a smell. Read the rest of this entry »