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Tuesday, November 29, 2005

Shaming news from SCOTUS

As part of my ongoing obligation to ride my "shaming" horse into posterity -- see here for details -- I bring sad, but expected, news: SCOTUS has denied cert in the Gementera ("I stole mail. This is my punishment.") case, in which I briefed an amicus for a bunch of crim prawfs in the 9th Cir.  Here's the Greenhouse coverage, and some fuller coverage from the SF Chronicle and CNN, where I appeared on TV a year ago to discuss the case and debate the merits of shaming with a Louisiana judge.  (I'll let the masochists find the CNN transcript--if you think blogging's bad b/c of trigger-finger problems, try TV.  Argh.  Note to self: Get your talking points memorized beforehand!)

Perhaps Jason Mazzone is right, contra Orin, and the SCT should take on more cases like this one to prevent a rash of bridge, pinochle and web-surfing.  Now that the Court has denied cert, I feel comfortable saying that I'm not surpised.  Unfortunately, we didn't have much of a circuit split to warrant intervention and unless you're taking on Disney and have a bunch of former students as SCOTUS clerks probably pulling strings in service to your cause, you're not likely to get the Court's attention.  Still, I'm pleased that someone at the Court got to see our brief, which was appended to the Petitioner's.  And who knows, now that the 9th Cir.'s decision has been left alone, some other wacky judge will follow suit. Lord knows, shaming's everywhere these days, even (especially?) here in Florida.  Jeepers.

(Hat tip to Alice Ristroph, whose excellent new paper is here, and Mike Rader.)

Posted by Dan Markel on November 29, 2005 at 02:15 AM in Criminal Law, Dan Markel | Permalink

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