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Judges and Judiciary

Aug. 20, 2013

'Snapshot' judging

Verdicts and rulings are static: They rest on a "snapshot" of the facts and law at a specific moment in time. The question then becomes: Which moment?

2nd Appellate District, Division 5

Brian M. Hoffstadt

Presiding Justice
California Court of Appeal

UCLA School of Law, 1995

This past term, the U.S. Supreme Court decided Kirtsaeng v. John Wiley & Sons, Inc., 133 S. Ct. 1351 (2013), and Maryland v. King, 133 S. Ct. 1958 (2013). Kirtsaeng held that a copyright owner's right to control the distribution of a work ends once that work is sold anywhere in the world. King held that collecting DNA samples from persons arrested and arraigned for certain felonies did not violate the Fourth Amendment. Although unrelated in subject matter, the...

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