Professor Solum is getting some play in the legal blogs over the last day or so. Professor Solum explains the interpretation-construction distinction, in 8 February 2009, Legal Theory Lexicon: Interpretation and Construction, post. We can roughly define these two activities as follows: * Interpretation: The activity of determining the linguistic meaning (or semantic content) of…
Continue reading ›The Blog of Legal Times, 6 February 2009, has this entry: A seventh suspect was arrested and charged today for the murder of Juwan Johnson, the U.S. Army sergeant who was beaten to death by other soldiers during a 2005 gang initiation. Rico Rodrigues Williams, a 31-year-old former Air Force member, was arrested in Chesapeake,…
Continue reading ›Lisa Demer, High court to hear Alaska man’s DNA appeal, Anchorage Daily News, 7 February 2009. Osborne was born and raised in South Carolina, graduated high school there. He said he was accepted into The Citadel but it was too expensive, so he joined the Army. SCOTUSWiki has the various documents relevant to District Attorney’s…
Continue reading ›Not good? Is that the bottom line coming out of appellate results proffered by CAAFLog, Appellate Relief Data (8 February 2009)? CAAFLog’s own “research” of Air Force opinions yields an approximate 4.7% chance of getting relief, and an undetermined chance of meaningful relief within that number of cases. CAAFLog also points to Major Jeffrey D.…
Continue reading ›Do you ever get the client or family member who want to sue NCIS, OSI, CID, CGIS, for what they did in an interrogation. Barring application of Feres (ha, some English major has to find something wrong with that). Check out Smith v. Campbell, et. al., 295 Fed. Appx. 314, 2008 U.S. App. LEXIS 19085…
Continue reading ›NACDL has an interesting News Release, Civil Liberties, Religious Groups Seek to Require Warrants for Police GPS Surveillance. A diverse group of civil liberties and religious organizations this week weighed in on the question of whether police need a warrant in order to conduct surveillance of personal vehicles by secretly attaching global positioning satellite (GPS)…
Continue reading ›The Army Court of Criminal Appeals has decided United States v. Lanier, No. 20080296 (A. Ct. Crim. App. 4 February 2009). The opinion has some current value, even though this is a guilty plea and adequacy of the providency case. In this case the appellant was granted EML from duty in Iraq because his father…
Continue reading ›The A.C.C.A. website now lists United States v. Rosas on it’s argument schedule. CAAFLog notes that the, “[Harvaad] web site doesn’t provide any guidance as to members of the public (including members of the military) without a Harvard i.d. would be admitted to the argument.] So, the existence of the argument is a little more…
Continue reading ›Say it ain’t so . . . The Army Court of Criminal Appeals goes to Harvard Law School on 5 February 2009, to hear oral argument in a case that is closed to the public — or at least that’s the perception. Information came our way a short while ago from an attorney practicing before…
Continue reading ›In United States v. Remsburg, No. 20070161 (A. C.t. Crim. App. 30 January 2009), the court looked at three issues: whether the judge improperly restricted defense solicitation of favorable victim impact testimony; whether the judge was mean to the defense counsel; and post-trial delay. On the post-trial delay issue the court notes: In his addendum,…
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