events in a courtroom - overseen and approved by a judge - acquire a state action status that they would not otherwise have. And once the Court acknowledges that this is so, there is no reason to treat a "private" act in the courtroom as falling outside the scope of precedents that govern displays in the courtroom that undermine the fairness of a criminal trial.I could not agree more.
[Sherry F. Colb, a FindLaw columnist, is Professor and Frederick B. Lacey Scholar at Rutgers Law School in Newark. Her book, When Sex Counts: Making Babies and Making Law will be published by Rowman & Littlefield in early 2007.]
Update: here by Prof. Amar (Findlaw, Wed. Dec. 20).
One More Torture Case Backed by Former Judges.
Washington Post Editorializes on Death.
And learn lots about the politics of crime from NYT ("Right's Jailhouse Conversion")