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Criminal Law

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

Fifth Circuit Attempts to Make Amends for Kent Cover-Up?

Posted on September 15, 2008
The Fifth Circuit has removed all of the cases from U.S. District Judge G. Thomas Porteous of Louisiana, who is under investigation for bribery: The circuit's Judicial Council ordered all his cases removed for two years, or until Congress acts on the impeachment request, removed Porteous' staff and issued a public reprimand, along with hundreds of pages of previously secret...

American Express Charity Scam

Posted on September 15, 2008
American Express recently ran a contest for charity. The contest was simple: Vote for your favorite charity. If your favorite charity was a top 25 vote-getter, it would be eligible for another round of voting. The five winning charities (or "grand champions") would win a $2...

Nigerian-FBI Scam E-Mail

Posted on September 15, 2008
What will the Nigerian scammers think up next? From: Robert Swan Mueller III Subject: ANTI-TERRORIST AND MONITORY CRIMES DIVISION To: Date: Monday, September 15, 2008, 4:05 PM ANTI-TERRORIST AND MONITORY CRIMES DIVISION FBI HEADQUARTERS, WASHINGTON, D...

Satan Worshippers Killed, Ate 4 Teens in Russia

Posted on September 15, 2008
It's cool dress up "Goth." Until you get eaten...

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Another Breakfast-Stealing Cop Bites the Dust

Posted on September 15, 2008
That's an expensive breakfast sandwich.

We're Just More Selective

Posted on September 15, 2008
There's a good post over at KipEsquire about libertarians and friendship. People who hate libertarians claim that we are sociopaths, or that we lack empathy. It's not that at all. We just have better taste. Or, even if we don't: We simply want the right to choose whom we associate with...

Eleventh Circuit Issues License to Taze

Posted on September 13, 2008
In Buckley v. Rackard, No. 07-10988 (11th Cir. Sept. 9, 2008) (opinion), a three-judge panel of the Eleventh Circuit Court of Appeals held that it was not unreasonable for a police officer to taze a motorist three times because he refused to sign a speeding ticket...

How Judges Get Tried

Posted on September 13, 2008
Not a good start, indeed.

Les Misbarack

Posted on September 12, 2008
Regardless of who you're voting for, this is really cool: (Via David Lat's Facebook.)

What Is Judicial Activism? More Importantly: How Do You Prove It?

Posted on September 11, 2008
There are multiple definitions of judicial activism. I think we can all agree that James Madison's definition is pretty close: It can be of no weight to say that the courts, on the pretense of a repugnancy, may substitute their own pleasure to the constitutional intentions of the legislature...

How Does It Feel?

Posted on September 10, 2008
The "lipstick on a pig" remark was not offensive. At all. It's a common metaphor that has nothing to do with gender. It's so common that it's cliche, and thus should not have any power at all. But you liberals and other members of the thought police have created a whole category of "offensive" language that isn't really offensive...

Whose Patriarchy Is This, Anyway?

Posted on September 09, 2008
My feminist and social scientist friends seem to never shut up about The Patriarchy. The Patriarchy is all-encompassing. It's everywhere. You can't escape it! My usual remark is this: "You claim to be a social scientist. You claim to draw conclusions only after reviewing evidence...

Power

Posted on September 08, 2008
In this post, I talked about power relationship. I suggested that, much of the time, we are not in power. Someone else is. Rather than resisting this power, I suggested ways we could deal with power. One objection people will raise is this: That?s too subservient for me...

On Asking for Help; and Power Structures

Posted on September 08, 2008
[This post is jumbled. Please help me improve it by posting your own thoughts in the comments here; or at your own blog. -- Mike.] Gerry Spence offers some helpful advice on how to deal with the "tyrant judge." One piece of advice is to ask for help. As an example, he presents a colloquy between a "tyrant" judge and...

BigPharma And Government Propoganda

Posted on September 05, 2008
This is astounding.

Judge Samuel Kent's Evolving Defense

Posted on September 04, 2008
Federal judge Samuel B. Kent has been indicted for sexual assault. After being charged, he issued a statement through his lawyer, Dick DeGuerin. His lawyer said, "[Judge Kent] did have a relationship with this woman, worked for him for six years never complained about their relationship, which was completely consensual...

Pay to Work: Are you Kidding Me?

Posted on September 03, 2008
Older lawyers at large law firms often complain that associates are not profitable. This is silly, when you do the math, as I do below. Here's the latest incantation of this silliness: On Sunday night at dinner, an out-of-town friend since college, and member of a large U...

Metal-As-Story

Posted on September 01, 2008
Metallica's "One" has always been on my playlist. Only today I did I learn what the song was actually about. The lyrics were inspired by "Johnny Got His Gun": Joe Bonham, a young soldier serving in World War I, awakes in a hospital bed after being hit by a mortar shell...

Marina Tylo Meets Barbara Streisand

Posted on August 30, 2008
Pop quiz: What happens when you file a frivolous lawsuit against a New York law blogger? Marina Tylo is about to learn. Ms. Tylo, as first reported by Scott Greenfield yesterday, filed a frivolous defamation lawsuit against a New York law blogger. This wasn't a very good idea, since filing a frivolous lawsuit against a law blogger is not the...

Judge Kent Issues Statement

Posted on August 29, 2008
Judge Samuel Kent's lawyer has issued a statement regarding the criminal charges pending against Judge Kent: "Judge Kent is innocent of charges. He did have a relationship with this woman, worked for him for six years never complained about their relationship, which was completely consensual...

Fifth Circuit Covers Up Serious Judicial Misconduct

Posted on August 29, 2008
Several month ago federal judge Samuel Kent did something really bad. What did he do? We didn't know for sure, because the Fifth Circuit Court of Appeals (which was charged with investigating Judge Kent's judicial misconduct) kept it confidential. The Fifth Circuit did issue a reprimand - in other words, "Shame on you...

Judge Samuel Kent Has Been Indicted

Posted on August 29, 2008
The Indictment is here. (Via Volokh). UPDATE: More here; and here.

Does Marina Tylo File Frivolous Lawsuits?

Posted on August 29, 2008
If some books are destined to on the big screen, there are some lawsuits destined to appear at Overlawyered.com. New York lawyer Marina Tylo's libel action against a New York blogger is one such lawsuit. Scott Greenfield has the details here.

Terry Christensen Convicted in Pellicano Case

Posted on August 29, 2008
The jury returned its verdict: LOS ANGELES (AP) -- Former Hollywood private eye Anthony Pellicano and his entertainment lawyer co-defendant were convicted Friday of charges linked to the wiretapping of billionaire investor Kirk Kerkorian's former wife in a child support battle...

KPMG Case Comes Down

Posted on August 28, 2008
No time to blog it now, but if you've been following the issue, you'll know what I'm talking about. United States v. Stein may be found here. Reuters has the report here. The Cato Institute has this paper discussing some of the issues raised in the case.

Judicial Activism Alert

Posted on August 27, 2008
We always hear outrage over "judicial activism." We are told that judicial activism is wrong... for some reason. Oddly (or not?) the only time we hear complaints about judicial activism are when minority rights are vindicated. If a judge finds that gays have a right to marry, people don't even need to read the opinion before declaring it activism...

How to Tell if an E-mail is a Scam

Posted on August 26, 2008
In the post below, I reproduced an e-mail that a tricked a lawyer into sending almost $200,000 to a foreign client. I said that the e-mail was obviously a scam. How did I know? I will reproduce the e-mail. Inside the brackets are my comments: From: Hong Kong Yejian Technology [The first thing I did was to enter the...

Lawyer Falls for Nigerian Lottery Scam

Posted on August 26, 2008
A few months ago, a Hong Kong company e-mailed me, saying they wanted to hire me to collect a judgment against a U.S. company. I thought, "Scam." Why me? Really, why me? Unfortunately, an Atlanta lawyer fell for the scam. Here is how it works: An overseas company contacts a U...

How is this Legal?

Posted on August 26, 2008
Nancy Pelosi, humble public servant, owns stock in a company. Based on the support (or lack thereof) she can offer by virtue of her public office, this stock price will rise or fall: Turns out the speaker of the House of Representatives owns between $100,000 and $250,000 worth of stock in Clean Energy Fuels, a company that builds and runs...

WTF?

Posted on August 25, 2008
A legal blogger notes on the front page of his blog: Terms of Use You must read and consent to these terms prior to using, reading, or accessing this site for any reason whatsoever. Terms & Conditions of Use and Legal Information. No, I am not kidding...

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