Balkinization – Grading the California same-sex marriage opinion: The California Supreme Court’s opinion is distressingly conclusory. It combines a tortured and probably unsalvageable substantive due process analysis with a strange, ultimately barely successful equal protection argument. If it is … Continued
When Law Prevents Righting a Wrong
From an an article in the New York Times: A lawyer’s broad duty to keep clients’ confidences is the bedrock on which the justice system is built, [many legal experts] argue. If clients did not feel free to speak candidly, … Continued
Australian judge on privacy: Computer code trumps the law
CNET News.com: Judge on privacy: Computer code trumps the law: Australian High Court Judge Justice Kirby says computer code is more potent than the law — and that legislators are powerless to do anything about it. Technology has outpaced the legal system’s … Continued
