Any ruling of the ninth circuit is automatically suspect.
posted on 04/10/2012 1:07:49 PM PDT
- Born 1950 in Bucharest, Romania
Federal Judicial Service:
Judge, U.S. Court of Appeals for the Ninth Circuit
Nominated by Ronald Reagan on June 5, 1985, to a new seat authorized by 98 Stat. 333. Confirmed by the Senate on November 7, 1985, and received commission on November 7, 1985. Served as chief judge, 2007-present.
Chief judge, U.S. Court of Federal Claims, 1982-1985
University of California, Los Angeles, A.B., 1972
University of California, Los Angeles, School of Law, J.D., 1975
Law clerk, Hon. Anthony Kennedy, U.S. Court of Appeals, Ninth Circuit, 1975-1976
Law clerk, Chief Justice Warren Burger, Supreme Court of the United States, 1976-1977
Private practice, Los Angeles, California, 1977-1979
Private practice, Washington, DC, 1979-1981
Deputy legal counsel, Office of the President-Elect, Washington, DC, 1980-1981
Assistant counsel, Office of Counsel to the President, Washington, DC, 1981
Special counsel, Merit Systems Protection Board, Washington, DC, 1981-1982
posted on 04/10/2012 1:17:37 PM PDT
(If you reward certain behavior, don't be surprised when you see more of that behavior)
From the article:
"The case centered on the prosecution of David Nosal, an executive at Korn/Ferry International, a corporate recruiting firm. Federal prosecutors alleged that Nosal and co-workers illegally foraged into the company's database to secure information to establish a rival company, charging him with trade secrets theft and violations of the anti-hacking law.
"The charges under the anti-hacking law became the focus of a legal showdown that may have wide implications for such prosecutions.
"Nosal's lawyers, backed by the Electronic Frontier Foundation, argue that employees should not face criminal prosecution under anti-hacking statutes when they have a right to use their company computers, but violate corporate policy on the type of information that can be accessed on those computers. They insist such a broad reading of the law could expose employees to criminal investigations for routine violations of corporate computer use policies, and the 9th Circuit agreed.
"Justice Department lawyers argued that there is no such risk, arguing that Nosal was prosecuted only because he was accused of using his workplace computer to steal his employer's secrets."
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