In a recent opinion by the 5th Circuit, our best legal talent turned their minds to the question of whether it was cruel and unusual punishment to leave a defendant's cell lights on 24 hours a day.

Many citations to say no. Sharp dissenting opinion pointing out that the liberal 9th Circuit had agreed it violated the 8th Amendment.

But, for me, the best opinion was the following concurrence:

REAVLEY, Circuit Judge, Concurring:

I concur in the affirmance. But with deference to those who are concerned about Mr. Chavarria's illuminated cell, I regard this judicial attention as much ado about nothing. A little cloth over his eyes would solve the problem, negate deprivation, and escape this exercise in frivolity.

And, did anyone see the recent article in the NYT regarding the impending release from a Texas prison of former Pittsburgh Steeler running back Bam Morris? He got federal and state convictions for his problems with dealing and using marihuana.

Bam acknowledges that his stay in the relatively nice federal prison did little to change his lifestyle. He said it wasn't until he found himself in a Texas prison in August that he began to realize he needed to change his lifestyle. Now he says sitting in a hot prison cell and working all day reformed him.

Imagine that, being uncomfortable in prison and forcing someone to reflect on their crimes actually led to rehabilitation.