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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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Helpless Predator
Posted on July 30, 2008This photo, which appeared last year and accompanies reports that melting polar ice caps were literally stranding polar bears in the middle of the ocean, is moving. I w as disturbed for several minutes after looking at it. I cannot look at it now without wincing...
Are the Government's Lap Dogs Private Actors?
Posted on July 29, 2008What is a practical consequence of deputizing corporate counsel as agents of the federal government? For one, the Constitution gets thrown into the trash. As you likely know, several constitutional provisions limit what the government can do to you. They can't, for example, search you without probable cause...
"Deputizing Company Counsel as Agents of the Federal Government"
Posted on July 28, 2008Imagine you're a company's lawyer. Federal prosecutors tell you that your company is under investigation, and that if the company does not cooperate, they'll Arthur Anderson you. Guilt or innocence doesn't matter, as we saw in the Arthur Anderson case: AA was innocent, and ultimately vindicated in the United States Supreme Court...
Ninth Circuit Issues Very Plaintiff-Friendly Section 1988 Case
Posted on July 28, 2008This opinion is pure gold for plaintiffs civil rights lawyers seeking fees under 42 U.S.C. Sec. 1988. Among many great lines is this: By and large, the court should defer to the winning lawyer?s professional judgment as to how much time he was required to spend on the case; after all, he won, and might not have, had he been...
Gerry Spence on Legal Education and the Bar Exam
Posted on July 28, 2008Gerry Spence has a post on those subjects here.
Get Expunged
Posted on July 28, 2008Often people who were convicted of crimes never bothered getting those convictions expunged, even when those convictions were eligible for expungement. Given that no one will ever find out, why go through the hassle? Given the proliferation of online databases, now might be a good time to clear your record...
Trial Lawyers College
Posted on July 24, 2008Ever wondered what you learn at Gerry Spence's Trial Lawyers College? Gerry Spence gives an inside view.
Crime & Fitness
Posted on July 23, 2008The Times has an article about the link between muscles and crime. A couple of really smart guys comment here and here. As they note, people with more muscle are able to commit more crimes. But that doesn't mean muscles cause cause. Criminals will use whatever means they can to commit crimes...
Fantastic Video
Posted on July 23, 2008The author of Predictably Irrational recently gave a fantastic talk at Google. His optimal illusion metaphor is brilliant. It's amazing that we are willing to recognize that we "fall" for optical illusions (actually, it's impossible to not "fall" for them), but we assume that our brains are infallible...
The Pope's Pimp Wear
Posted on July 22, 2008In a recent speech, the Pope Benedict urged young people to create "a new age in which hope liberates us from the shallowness, apathy and self-absorption which deaden our souls and poison our relationships." Who can argue with that? But take a look at that picture...
Ninth Circuit Protects Racist Prosecutor
Posted on July 21, 2008Today the Ninth Circuit granted habeas relief based on a Batson claim. Green v. LaMarque, No. 06-16254 (9th Cir. July 21, 2008) (opinion). According to the panel, a prosecutor discriminated against African Americans during jury selection: While selecting a jury for a criminal trial in Alameda County, California, the prosecutor used peremptory challenges to exclude from the jury all six...
McCain, Obama, and Middle America
Posted on July 21, 2008I recently looked into credit-card practices while researching a potential class action. I was astounded at my ignorance. Even my cynicism wasn't prepared for what credit card companies get away with. Middle America is being squeezed by credit card companies in really sleazy ways...
Sunday Trivia
Posted on July 20, 2008Conservatives claim that they are pro-life because they care about children. Yet they are also the first people to fight efforts to prevent infant mortality. How does that make any sense? This essay from George Lakoff explains the contradiction. If our brains are computers, the metaphors we live by provide the operating system...
Worst Supreme Court Case?
Posted on July 19, 2008Paul Gowder wants to know: "What's the most destructive Supreme Court case that's still good law?"
Gerry Spence Has a Blog?
Posted on July 19, 2008I haven't verified this, but it sure does sound like him. Then again, I can do a pretty good written impersonation of Spence. Always talk about fear. Begin everything with, "I'm afraid." Not mocking the guy; but that is his style. And fear is a big part of what he teaches...
Retaliatory Prosecution and the First Amendmet
Posted on July 18, 2008The Ninth Circuit recently published a very interesting post Hartman* case. Beck v. Upland, No. 05-56901 (9th Cir., May 28, 2008) (opinion). Hartman v. Moore, 547 U.S. 250 (2006) (holding that action for retaliatory prosecution exists only where officers lacked probable cause for arrest).
Lou Aguilar's Definition of Manliness
Posted on July 18, 2008I'll have more on this repulsive article later. Here's one thing I found hilarious: 7. Obama is married to a bitter, angry lawyer who became "proud" of her country for the first time this year. McCain's wife is a beer heiress who founded an organization to provide MASH-style units to disaster-torn world regions...
Media Ignorance of Exclusionary Rule
Posted on July 18, 2008Adam Liptak, writing for the Times, is arguing against the exclusionary rule. He notes: "In the United States, by contrast, evidence against criminal defendants is routinely and automatically suppressed where police misconduct is found." That's some statement, isn't it? In a major metropolitan public defender's office, if you win a suppression motion, someone in the office will bring cake...
Science and the Law
Posted on July 17, 2008For the first time in several years, I spent a week not reading anything law. No cases, no work, no books. Nothing. If you think you see a lot wrong with the system when reading law, put the books down and read some science: Then you'll really realize how screwy the system is...
I'm now on Facebook. If you have a profile, add me. If you don't know how to spell my name, or whatever, send me an e-mail and I'll add you.
Aggravated Identity Theft
Posted on July 17, 2008Today the Ninth Circuit issued an important case involving 18 U.S.C. § 1028A (aggravated identity theft): Today we join the D.C. Circuit in holding that the crime of aggravated identity theft, 18 U.S.C. § 1028A(a)(1), requires proof that, among other things, the defendant knew that the means of identification belonged to another person...
The Federalist Society in Action
Posted on July 17, 2008Is there a constitutional right to self-defense? There's an interesting ongoing debate (set of posts here) at the Volokh Conspiracy - by people who are or at one time were members of the Federalist Society. That sort of ideological diversity is what makes the Federalist Society such a great organization...
Caffeinated Cop
Posted on July 17, 2008A police lieutenant with 25 years of the force, and who made nearly $90,000 a year, was fired for extorting coffee from Starbucks. According to the report, he would stop by the Starbucks six times a day for "specialty drinks." That's a lot of lattes. And more here...
First Amendment Right to Call Yourself a Terrorist
Posted on July 16, 2008How did Fogel v. Collins, No. 06-15395 (9th Cir. June 27, 2008) (opinion) escape the blogosphere's attention? In Fogel, a 22-year-old Nevada City resident painted his van with some interesting messages: The words 'I AM A FUCKING SUICIDE BOMBER COMMUNIST TERRORIST!' were painted in block letters on the back of the van above the rear window...
Knock and Announce: Is Five Seconds Long Enough?
Posted on July 16, 2008How long must a police officer wait before forcefully entering under a knock and announce warrant? In United States v. Granville, 222 F.3d 1214 (9th Cir. 2000), the Ninth Circuit held that waiting just five seconds before breaking down the door was unreasonable...
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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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Parallel parking gone bad. Too much gas UES NYC
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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
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Why is the Catholic Church going to court over Obama contraception policy? @NewYorker commentary
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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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