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Crime & Federalism 
Discussing recent news and court opinions, with an emphasis on federalism, criminal law, and civil rights actions.
Post Frequency: 8.6/day Last Entry: April 01, 2011 at 15:45:19 Recent Entries: 1840
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Legal Ethics
Posted on December 14, 2008Scott Greenfield has a good post on legal ethics. He notes two problems with legal ethics. First, lawyers don't report unethical conduct. Second, bar associations don't punish unethical conduct.Every month the legal newspapers and bar association journals state who has been suspended from practicing law or disbarred...
"Down in the Data Mines"
Posted on December 10, 2008When I was 10 or 11, I saw my dad?s tax return. He made $10,000 that year. There were six of us, but it was better than being on welfare - which we had been on for the three years beforehand. When I was a kid, I used to dig through dumpsters for aluminum cans...
Is Body Language Junk Science?
Posted on December 07, 2008Michael Shermer, founder of the Skeptics Society, puts Jo Ellan Demitrius to the test: There is a line in there from social scientist Carol Tavris so-called skeptics often say, and which I loathe. She says of body language research: ?There is no scientific research showing that anybody can tell with 90 to 100% accuracy whether somebody is lying or telling...
Kop Busters Reveals Conservative Hypocrisy
Posted on December 06, 2008It's been shown thousands of times that police lie under oath. That they violate the very Constitution they are sworn to uphold. Conservatives, while proclaiming an allegiance to law and order, never speak out against the lawless police. Why not? Because conservatives do no care about the law...
Barbara Shea v. Connecticut Statewide Grievance Committee
Posted on December 06, 2008Is the Connecticut Statewide Grievance Committee under a legal duty to remove truthful but damaging information about a lawyer from its website? That's the situation in which Greenwich attorney Barbara Shea finds herself, according to a recent article from The Connecticut Law Tribune...
Greedy Investors Lose Millions
Posted on December 05, 2008Do you feel sorry for these "victims"? I don't. Although the story doesn't say; I'm willing to bet that every victim was promised unreasonably generous returns on their investments. If you want to steal from someone, it's pretty easy. Promise them more money than they could reasonably expect to obtain from another investment...
Is Sarah Palin the Turkey?
Posted on December 02, 2008Recently a YouTube video of Sarah Palin surfaced. In it, Palin is seen pardoning a turkey. Behind her, other turkeys are being hacked up. Many have used this video to mock Palin. But who is the real turkey? The real turkeys are you and me. It's silly to the point of frivolous for an elected official to pardon a turkey...
The War on Drugs and the Economic Crisis
Posted on December 01, 2008Someone should write an op-ed stating how much the War on Drugs costs. One could focus on marijuana specifically. I don't feel like writing an op-ed, or even a lengthy blog post. Outline of argument: When in an economic downturn, government should cut costs...
ABA's "The Blawg 100"
Posted on December 01, 2008The American Bar Association has listed what it considers to be the best 100 legal blogs. It's a pretty good list. Check it out.
20,000 Troops Inside the U.S. by 2011
Posted on December 01, 2008The future is now: The U.S. military expects to have 20,000 uniformed troops inside the United States by 2011 trained to help state and local officials respond to a nuclear terrorist attack or other domestic catastrophe, according to Pentagon officials...
Lois Feldman is False-Rape Claimant Waiting to Happen
Posted on December 01, 2008Lois Feldman got really drunk at an Iowa Hawkeyes game. She then had sex with a man in a public bath room. But it's not her fault:?I don?t know what happened,? Lois Feldman said. ?But I don?t deny that it did happen because obviously there are police reports...
Eliminating Demand for Prostitutes and Child Pornography
Posted on November 29, 2008If you're found with child pornography, you should expect to spend some time in prison - often many years. Judges sentence the convicted to prison even when the convicted did not produce the pornography itself. Possession alone will get you years. Why?Judges and prosecutors insist that if people would stop downloading child porn, then the demand for child porn would...
"Thinking Outside of the Box"
Posted on November 26, 2008If you're using that phrase, you are thinking inside the box. George Orwell's discussion of dead metaphors explains why:Dying metaphors. A newly invented metaphor assists thought by evoking a visual image, while on the other hand a metaphor which is technically "dead" (e...
The Pain of Independence
Posted on November 26, 2008Does fear alter perception? That issue remains hotly debated, though anyone who has wondered if he was going to make payroll has probably noticed himself, despite reflection, making mistakes he wouldn't ordinarily make. What can be said: Departing from the group is literally painful, and this can be demonstrated using brain imaging...
More Proof of Obama's Alpha Male Status
Posted on November 26, 2008During the election, conservatives were talking about how "manly" John McCain was. Those same people worshiped George Bush's "manliness," too. Give me a break. Anyone who is not a beta can clearly see that Obama is way more alpha than Bush or McCain. I just watched a couple of videos that provide concrete proof...
Obama Reminds World: He is Alpha
Posted on November 26, 2008When asked whether he was appointing too many people from the Clinton Administration, he told reporters: "[U]nderstand where the vision for change comes from. First and foremost, it comes from me." Awesome.
"Atlas Shrugged Updated for the Current Financial Crisis"
Posted on November 26, 2008Brilliant. (Via).
Corruption at University of California, Berkeley
Posted on November 25, 2008Public universities remain good stewards of public money:The University of California plans to review hundreds of double-dipping pensioners, many of whom were rehired for their old jobs - occasionally at a higher salary than before they retired.The university's use of retirees drew attention in April after UC Berkeley Police Chief Victoria Harrison left with a lump sum $2...
Recession Hits Golddiggers
Posted on November 25, 2008Are you going to spend less money on your mistress this Christmas?
Abolish Life Tenue for Increased Pay
Posted on November 25, 2008Even though millions of Americans are out of work, federal judges - who make more than all but 5% of the entire U.S. population - feel that they are underpaid. The President of the American Bar Association, who feels that judges should be richer than all but 1% of the population, notes:"While many Americans are struggling financially today, few of...
Wal-Mart Steals Millions; Pays $3 Fine
Posted on November 25, 2008If I walked out of Wal-Mart with $8.40 in unpaid merchandise, I'd be arrested. When Wal-Mart walks away with $8.40 of my money, no one goes to jail. (Via Kashmir Hill.)Wal-Mart is notorious for calling the police on even the pettiest shoplifters. Many police departments have refused to serve as Wal-Mart's private police force, telling them that they won't respond...
Really Bad Opening Arguments
Posted on November 24, 2008I've read quite a few trial transcripts, and now that some cases have concluded, I can share with you some really bad trial lawyering. Here is an actual quotation from an opening statement in a criminal case:Now, I'm a fighter. I am saying this for the ladies on the jury...
How Not to Persuade
Posted on November 24, 2008Let's say you're representing Lori Drew, a middle-aged woman who manipulated a 13-year-old girl, Megan Meier, into killing herself. (Backstory, if you need it.). Do you make this argument to the jury: "Megan dished it out the same way that she got it," [Lori Drew's defense lawyer] said...
Credit Card Debt Securitization
Posted on November 22, 2008Subprime mortgages were converted to mortgage securitization. Anyone who has followed the issue knows that much. (Here's a primer if you need one.) Here is something few have mentioned: Other debt was securitized, too.People would tap into their homes for equity...
On Trusting the "Experts"
Posted on November 22, 2008Thanks to the power of the Internet, we have a record of what so-called experts had to say about the coming depression. The ignorance is amazing: First Amendment be damned: Everyone on that video arguing against Peter Schiff should be prohibited from publicly sharing their opinions for at least 6 months...
Being a Brain-Wise Therapist: A Practical Guide to Interpersonal Neurobiology
Posted on November 20, 2008Our memories are all stories. What did you do for summer vacation? That's a story. When you were in school, your teacher may have asked you to write out that story.What was your happiest moment? When was your first kiss? When was your first time? Those are all stories...
Barack Obama as Alpha Male
Posted on November 19, 2008He seems like a really cool dude. He drove a rusted-out car for years; and lived in a crappy apartment, even as a U.S. Senator. Check the interview out. He's also a fitness buff. While many of his ideas are disastrous, his inherent manliness might mitigate the worst of them...
Perception Creates Reality
Posted on November 18, 2008Do you see any faces in the rock formations? Better yet: Can you not see the faces? If we had never seen a face, would we believe that the formation of rocks were faces? (More cool optical illusions here.) Do you see the triangle? Can you not see the triangle? In reality, there is no triangle...
Douchebag Files Lawsuit
Posted on November 18, 2008Did no one tell the man that truth is an absolute defense to defamation?
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Do parents have the right to NOT turn in a sexual offender?
No. The offender should be turned in regardless of any disability (1), or reason...
Can someone detained in a search w/ warrant, be charged with a crime related to the search if they were not arrested at the time of the search?
The police have fairly wide discretion on when they can make an arrest so long a...
I was a bookkeeper for a recreation center. The Center Director left and a new director took over. I went to work one day and some of my files were missing. I called our computer tech and her restored the files (I had ma
In order for a crime to be established you need to conclusively prove that the D...
If I was detained by citizens unlawfully, and then the police showed up...is everything they charged me with in-admissable?
Probably depends on the law of the state in which you live. Many states allow fo...
If I pay restitution, can I still be charged with a crime?
It sounds like the law in your area is treating it as a civil matter. That being...
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On 08-25 at 15:46PM
Acute perpendicular parking #NYPD #NYFD
On 08-18 at 22:18PM
Parallel parking gone bad. Too much gas UES NYC
On 08-18 at 21:41PM
UES NYC
On 08-18 at 21:25PM
Twitter suspends journalist critical of broadcast partner's coverage on dubious grounds @guyadams #nbcfail #twitterfail
On 07-30 at 17:57PM
Model example of 1st Amendment suppression by the People of New York City's Michael Bloomberg #OWS #NYPD
On 07-12 at 21:07PM
AG Holder lackadaisical on Operation in our Sites domain name seizures & RIAA lobbied free speech suppression @dajaz1
On 06-08 at 22:44PM
Why is the Catholic Church going to court over Obama contraception policy? @NewYorker commentary
On 05-31 at 10:08AM
Monks sue Louisiana for right to sell caskets made from forrest destroyed by Katrina
On 05-31 at 07:47AM
Are the abortion ultrasound laws headed for the Supreme Court?
On 05-15 at 21:52PM
Do parents have the right to NOT turn in a sexual offender?
No. The offender should be turned in regardless of any disability (1), or reason...
Can someone detained in a search w/ warrant, be charged with a crime related to the search if they were not arrested at the time of the search?
The police have fairly wide discretion on when they can make an arrest so long a...
I was a bookkeeper for a recreation center. The Center Director left and a new director took over. I went to work one day and some of my files were missing. I called our computer tech and her restored the files (I had ma
In order for a crime to be established you need to conclusively prove that the D...
If I was detained by citizens unlawfully, and then the police showed up...is everything they charged me with in-admissable?
Probably depends on the law of the state in which you live. Many states allow fo...
If I pay restitution, can I still be charged with a crime?
It sounds like the law in your area is treating it as a civil matter. That being...
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