Showing posts with label Supreme Court. Show all posts
Showing posts with label Supreme Court. Show all posts

Thursday, June 21, 2007

preliminary injunction, prohibiting the government from seizing "the contents of any personal e-mail account maintained by an Internet Service Provide

Warshak v. US, No. 06-4092
A preliminary injunction, prohibiting the government from seizing "the contents of any personal e-mail account maintained by an Internet Service Provider in the name of any resident of the Southern District of Ohio without providing the relevant account holder or subscriber prior notice and an opportunity to be heard on any complaint, motion, or other pleading seeking issuance of such an order" is affirmed, with slight modification, where the district court correctly determined that e-mail users maintain a reasonable expectation of privacy in the content of their e-mails, and the injunctive relief it crafted was largely appropriate.

Sunday, February 04, 2007

US Supreme Court

THE SUPREME COURT INVALIDATES CALIFORNIA'S "DETERMINATE SENTENCING" LAW: PART ONE IN A TWO-PART SERIES ON YET MORE CASES INVOLVING JUDICIAL FACTFINDING IN SENTENCING
U.S. Supreme Court decision invalidating California's "determinate sentencing" law. Amar explains in detail each of the crucial Supreme Court Sixth Amendment sentencing precedents that led to the decision -- each deriving from the key principle that juries, not judges, must find (beyond a reasonable doubt) the facts that determine the length of the sentence imposed in a criminal case. http://writ.lp.findlaw.com/amar/20070202.html Opinionhttp://laws.findlaw.com/us/000/05-6551.html