Rehnquist Center banner logoSo far, my overscheduled Tuesday looks like it won’t accommodate a trip south to Tucson. And that’s really too bad. (Well, that’s too bad most any day, but it’s especially the case on February 26.)

The reason I’d like to drop by the University of Arizona Law School is to attend an oral argument—before the Court of Appeals for the Armed Forces, of all legal bodies.

Here is how the Court describes itself and its civilian judges:

“The United States Court of Appeals for the Armed Forces exercises worldwide appellate jurisdiction over members of the armed forces on active duty and other persons subject to the Uniform Code of Military Justice. The Court is composed of five civilian judges appointed for 15-year terms by the President with the advice and consent of the Senate.”

Court of Appeals for the Armed Forces sealThe Rehnquist Center at the law school has announced the morning event, during which law students will have the opportunity to argue; those same students have already filed an amicus brief in the case.

The Center says that the Court has never traveled to Tucson. But if that’s not enough of a draw, here are the case facts:

“GCM conviction of possession of child pornography, larceny of military property and filing a false claim. Granted issues question (1) whether the military judge abused his discretion when he failed to suppress evidence of child pornography discovered on Appellant’s personal computer in the course of an unreasonable search conducted to find contraband after Appellant was wounded in Iraq and medically evacuated to the United States; and (2) whether the Army Court erred in creating a new exception to the Fourth Amendment when it held that the Government’s search of Appellant’s personal computer was reasonable because the Government was not ‘certain’ or ‘absolutely clear’ that it would be returned to the wounded-warrior Appellant.”

From where I sit, that is a fascinating Fourth Amendment question. (Although didn’t the U.S. Supreme Court this past Term examine a question related to privacy rights on a school computer that could possibly be returned to the employer? What case was that? Anyone?) (Recently, Canada’s Supreme Court took the view that folks do have some measure of privacy, even on their work-issued computer. O Canada.)

More information about the Tuesday morning arguments is here. Included among the detail are the argument briefs (in PDF).

Supreme Court cases and what they mean will again be the focus at this year’s annual Constitution Day panel at the University of Arizona James E. Rogers College of Law. It will occur this Friday, September 14, from 1:00 to 4:00 p.m. The 14th annual event is once again hosted by the University’s Rehnquist Center.

Constitution Day

(You can read my coverage from last year’s event here and here.)

Panelists include UA Professor Toni Massaro, the Goldwater Institute’s Clint Bolick, U.S. District Court Judge Neil Wake, and WilmerHale partner Seth Waxman.

Curious what they’ll cover? The advance materials list three cases:

More detail, include links to panelist bios, are here. And you may register for the free event here.

I will attend Friday and try to tweet out some panelist wisdom. But #ConstitutionDay is so darn long. Why don’t I try #UASCOTUS.

Bob McWhirter

And to keep up in the race to create Constitution Day programming, next Monday, Sept. 17, the ASU Law School holds a lunchtime presentation by lawyer Bob McWhirter. Titled “Are You Talking to Me? Who Are Those ‘People’ in the Tenth Amendment?” the talk is bound to illuminate and amuse, like everything else Bob offers.

As Bob marvels, “Did you know that the original Constitution didn’t protect your vote? In fact, the original Constitution didn’t give you many rights at all? So where do we get them? Let’s look at the 10th Amendment!”

He suggests that we should wonder: “Are you one of “the People” or not?”

Could there be a more inviting call? Perhaps I’ll see you there, too, to get an answer.

A week ago today, The Rehnquist Center at the University of Arizona Law School hosted a program on courts and New Media. The full title was Public Understanding of the Courts in the Age of New Media. 

Russell Wheeler, Brookings Institution, and John Davidow, WBUR.org

The panels were packed with judges, policy experts and some journalists. (The full agenda is here.)

(More photos are available on the Arizona Attorney Magazine Facebook page.)

I was able to attend the morning sessions. Here’s who presented:

New Media – Is it Changing the Coverage and Conduct of Trial Court Proceedings?

Anonymous No Longer? The Federal Courts of Appeals and the New Media

The afternoon panels include a lunch keynote by Hon. Sandra Day O’Connor, which I was disappointed to have to miss.

The presentations I saw were quite good. But they also put me in mind of how advanced Arizona already is in terms of some of the topics addressed. For instance, while other jurisdictions wrestle with media in the courtroom and developing media-use policies for jurors, many of our courts have had such policies in place for years.

And can we stop calling it “New Media”? Do we really have to wait until our younger cohorts openly smirk as we ramble on about “logging on” to the World Wide Web, or the “Internets”?

It’s just media, folks, which happens to be new. And not even so new anymore. I mean, when was the last time you marveled about your fax machine, or the scanner at the supermarket? (Apologies to George Bush I).

But as long as I’m on a social media tear, here are some of the tweets (mine and others’, raw and unmediated) from the conference. (the hashtags were #barmedia and #newmediaconf):

#newmediaconf on courts, the public and new media at DT Phoenix J school hosted by @UofAZLaw Rehnquist Ctr http://tinyurl.com/4tdfwtu

ABA President-elect William Robinson at #newmediaconf – surprised how many in public don’t understand courts

ABA President-elect William Robinson at #newmediaconf – Legal profession needs journalists to collaborate on telling public re courts

San Jose Mercury News rptr @hmintz at @newmediaconf – days of reporters going to court just w/ pen and spiral pad are over

Access to court records good, but risks: child and DV protection, data mining, “outing” plea agreements on “Who’s a Rat” sites #newmediaconf

Trying to figure out the types of people that are at this seminar. Are we lawyers? Journalists? Joe schmoes? #barmedia

“Lost art”: Reporters going to the courthouse and chatting with the clerk @hmintz #barmedia

Important to determine when cameras should be on in courtrooms. Maybe judge can say turn off but must state a reason @JohnDavidow #barmedia

Judges need to impose firm instructions to try to minimize the “Google tendencies” of jurors #barmedia

Judge Virginia Kendall at #barmedia – Instinctively we are Googlers, jurors too. It’s all about instruction and control.

Panel at #barmedia discuss court changes to improve juror understanding (some of which Arizona courts have been doing for decades!)

Fact that info will be “out there” should not alter the principle that court info generally should be public @hmintz #barmedia

Awesome that this panel has adopted the phrase “nutty blogger”, and that everyone understands who they’re talking about. #barmedia

#BarMedia My old friend Ben Holden suggests jurors are routinely ignoring judicial instructions re new media tools. judge on panel disagrees

Audience Q at #barmedia – Use of term “nutty blogger” suggests mainstream media are not nutty.

It’s fascinating in #barmedia session how decline of mainstream media is accepted as a given. The struggles are no secret.

Is it time for national standards on court approach to social media reporting and juror issues, or just leave up to each judge? #barmedia

Ok, it is FREEZING in this seminar room. Do you think they’re trying to be ironic in freezing our fingers off so we can’t tweet? #barmedia

The phrase “judicial discretion” = nightmare for reporters, in regard to cameras in courtroom and many other things @hmintz #barmedia

Public cmt reveals misunderstanding of courts: “You must be tired, riding the circuit & being a night court” (Ninth ! Circuit) #barmedia

At #barmedia @TonyMauro says as written, appellate court rulings are not “a grabber.” “My suggestion: Write them better.”

For years, many judges said court reporting got it wrong. Now, judges bemoan lack of reporters in the courtroom. #barmedia

#barmedia Numerous poignant tributes to Judge John Roll at this conference. He was obviously loved and respected.

Sandra Day O’Connor is speaking to #barmedia conf. She is funny, spunky and practical. Decrying lack of Civics classes. Straight-talker!

#barmedia Judge says tbere are 4 kinds of high profile cases. Celebrity, issues, sensational and political.

“Citizen journalist, citizen brain surgeon, whats the difference?” Pete Williams making fun of the characterization of bloggers #barmedia

Had a wonderful time at a conference today #barmedia. Went old school & took handwritten notes. :)

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