Ninth circuit court??
I'm not holding my breath. These guys like to be "leaders" in new legal ideas, made up of whole cloth and thin air. While something needs to be done, I'm not exactly sure that the court (and especially the ninth circuit) is the place to do it.
Then again, i'm not holding out for legislative solution that actually works either. There are a BUNCH of vested interests here, and they have many conflicting ideas on what is "proper" for their lobbying group. Whatever solution comes out of this, it will taste bad for ALL those involved. Hopefully the bad taste is small and equal for the participants (we can only hope).