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Legal Commentary
: PrawfsIt's Madonna's Constitution. We're All Just Living Under It.
By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel
Orin Kerr has a very interesting commentary on the Supreme Court's recent opinion in Maryland v. Shatzer (that's Shatzer, not Shatner; sorry), which held that where a Miranda warning has been given, the presumption that any subsequent custodial interrogation is involuntary will last for 14 days from release from custody. The comments eventually degenerate, but I can't resist plucking one gem from among them. Answering Orin's question, why 14 days and not 13 or 15, a commenter suggests:
I think it?s gematria, with the number 1 being assigned to each English letter. For example, Grutter v. Bollinger = affirmative action programs will not be needed 25 years from date of opinion. ?Affirmative action programs? = 25 letters. Shatzer v. Maryland = 14 day time period for Miranda. ?Michael Shatzer? = 14 letters. Just a coincidence? Or the newest theory of constitutional interpretation?Ingenious. You will know this theory has caught on when all the Justices suddenly start sporting red strings around their wrists.
Full post as published by Prawfs on February 26, 2010 (boomark / email).
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