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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

The Banking System is a Shell Game

Posted on May 07, 2010
The most amazing chart you'll probably ever see demonstrates that the entire banking system is based on a lie. All of the banks owe each other money. You don't need a specialization in white collar criminal defense to recognize that this is a shell game...

The Psychology of Horror Films

Posted on May 07, 2010
Why does "The Human Centipede" horrify? Wikipedia entry here; Roger Ebert review here. It's just a film, right? They are just actors. Who cares? Even knowing it's just a film changes little. The subconscious is still shaken. Obviously, "It's only a movie" doesn't mean much to our unconscious mind...

High Frequency Trading, Goldman Sachs, Stop-Loss Orders, and Accenture (ACN)

Posted on May 06, 2010
Imagine you had a stop-loss order in on Accenture for $36. Average investors always put in stop-loss orders to prevent them from suffering a catastrophic loss on a stock. Regular investors, however, do not have computer algorithms that can buy in sell the same stock every millisecond...

Trading Glitch was Coincidence

Posted on May 06, 2010
Just four days ago, traders were complaining about a lack of market volatility. NO ONE COMES OUT and says this -- because it is like wishing for a train wreck -- but many traders secretly long for a return of volatile volatility. For the past 18 months, volatility has declined, making it difficult to generate outsized returns...

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Why Adolescence Extends to 30

Posted on May 04, 2010
Probably adolescence now extends to 40. Why? It makes sense when you read this post about law professors and students. A professor is afraid of humor, as a delicate snowflake might melt: Jokes have to be deployed with the utmost caution.... The first time I taught copyright, for example, I made a snarky remark about the painting at issue in...

What Are Your Jurors Reading?

Posted on May 04, 2010
Have you read The Shack? I haven't, though it obviously has powerful themes of redemption and forgiveness. What if your jurors have read The Shack, and you can't speak to them? From Malcom Gladwell's Outliers is this: Those three things?autonomy, complexity, and a connection between effort and reward?are, most people agree, the three qualities that work has to have if...

Criminal Conviction Reversed for Disallowing Discovery

Posted on May 04, 2010
This is rare: Andrew True Stever brings a direct appeal of his conviction, after trial by jury, on one count of conspiracy to manufacture 1000 or more marijuana plants, 21 U.S.C. �� 841(a)(1) and 846, and one count of manufacture of marijuana, 21 U.S...

Manatt Phelps Committed Malicious Prosecution, Court of Appeals Holds

Posted on May 04, 2010
Details here.

Computer Codes and Notice of Appeals

Posted on May 04, 2010
A lawyers' not knowing how to use a computer almost cost a client an appeal: On March 12, 2010, the 30th and last day of the appealperiod, Vince?s counsel electronically sent a notice ofappeal to the clerk?s office, using the court?s mandatory electronic filing system...

Law Blogging 101

Posted on May 03, 2010
It is the case that if you have to ask, then blogging is probably not right for you. If you're not the kind of person who annoys friends by constantly sending rants and links to stories, then you don't have the blogging genotype. Which is cool and all...

Pennsylvania Tax Commercial

Posted on May 03, 2010
Yes, this is a real commercial that the Pennsylvania Department of Revenue is airing. Bad judgment, or honesty-in-government?

BigLaw Hiring is Age Discrimination (ADEA)

Posted on May 02, 2010
Why hasn't BigLaw been sued for employment discrimination under the ADEA? A 40-year-old lawyer with years of solid experience would not be qualified to work in a large law firm, due to age discrimination. The BigLaw model is a lock-step hierarchy, and is based on the year of law school graduation...

Goldman Sachs is Under Criminal Investigation

Posted on April 30, 2010
Ding dong the witch is (almost) dead: Federal prosecutors have opened an investigation into trading at Goldman Sachs, raising the possibility of criminal charges against the Wall Street giant, according to people familiar with the matter. While the investigation is still in a preliminary stage, the move could escalate the legal troubles swirling around Goldman...

Wall Street State of Mind

Posted on April 30, 2010
[Those of you who have never had the grand pleasure of knowing Wall Street people should read this. That Wall Street only exists because of massive taxpayer give-aways doesn't even enter their minds. Enjoy this glass of undistilled narcissism - Mike.] We are Wall Street...

The Average American Family

Posted on April 30, 2010
Chilling.

Ho-Hum, Off to Lunch

Posted on April 29, 2010
Scott Greenfeld comments on the recent case in Nevada, where a woman was sentenced to life imprisonment for allowing a teenage boy to touch her clothed breast. His best point is the saddest: And then there's the judge, whose casual demeanor toward his duty was painful to watch...

Brian J. Hogan: Goldman Sachs' Next Star Trader?

Posted on April 29, 2010
The iPhone thief has been discovered. His name is Brian J. Hogan, and he's a miserable thief: The person who found and sold an Apple iPhone prototype says he regrets not doing more to return the device to its owner, according to a statement provided by his attorney Thursday in response to queries from Wired...

Georgia Teacher Falsely Accused of Child Molestation?

Posted on April 28, 2010
If these allegations are true, it seem so.

New Yorkers Are Evil!

Posted on April 28, 2010
They all walked by a homeless person who was on his stomach, bleeding to death - after he had rescued a woman from a knife-wielding rapist. That's the headline, anyway: NEW YORK ? The homeless man lay face down, unmoving, on the sidewalk outside an apartment building, blood from knife wounds pooling underneath his body...

Pattis & Cernovich "Flex Their Rights"

Posted on April 28, 2010
A law student who reads this blog recently had a run in with the police. You can read about how he handled it over at his site. Now, here is how two people who sue cops for a living interact with police. I was in Connecticut for the week helping Norm get out from under a bunch of briefs...

Nevada Woman Receives Life Imprisonment for Breast Fondling

Posted on April 28, 2010
This is insanity. A woman allowed a 13-year-old boy to touch her breasts. The prosecutor did not offer any plea agreement. He took the case to a jury, and won a conviction. Although a forensic psychologist testified that the woman had a low risk of offending, and although the judge himself could not comprehend the prosecutor's actions, the result was...

Megan McArdle on Ethics

Posted on April 27, 2010
If you're going to lie and cheat people, don't put it in e-mail. Or as one great criminal said: "Never write when you can speak, never speak when you can nod, never nod when you can wink." McArdle's view is very common - and is one reason Western Civilization is collapsing...

Warren Buffett is a Scoundrel

Posted on April 27, 2010
In 2003, Warren Buffett said: The derivatives market has exploded in recent years, with investment banks selling billions of dollars worth of these investments to clients as a way to off-load or manage market risk. But Mr Buffett argues that such highly complex financial instruments are time bombs and "financial weapons of mass destruction" that could harm not only their...

Create Your Own Luck

Posted on April 27, 2010
Is luck a state of mind rather than an outside force of nature? My research revealed that lucky people generate good fortune via four basic principles. They are skilled at creating and noticing chance opportunities, make lucky decisions by listening to their intuition, create self-fulfilling prophesies via positive expectations, and adopt a resilient attitude that transforms bad luck into good...

Greatest Tasering Video of All Time?

Posted on April 26, 2010
Hillbilly On Riding Mower Tasered - Watch more Funny Videos

Class Envy and Goldman Sachs

Posted on April 26, 2010
One Washington Post columnist argues that class envy explains the resentment towards Goldman Sachs: For several years I've predicted that a new wild card in American life -- the presence of economic resentment at the bottom of the top 1 percent of our income distribution -- would become a powerful force for reform...

The Ineffectiveness of Blame

Posted on April 26, 2010
Yes, it's true that Baby Boomers are the most entitled, overall worthless generation in human history. It is also true that the above truth is irrelevant. Assigning blame doesn't bring you closer to self-actualization or accomplishment.

Beware Bisom & Cohen and Mark W. Eisenberg

Posted on April 26, 2010
Anyone intending to do business with Bisom & Cohen and/or Mark W. Eisenberg of the Eisenburg Law firm should read this opinion from the California Court of Appeals. In Day/Eisenburg, a lawyer who brought in a case was allegedly frozen out of the case: Mark Plummer agreed with attorneys Andrew Bisom and Isaac Cohen in March 2003 to represent the...

Another Day in the Life of an Unethical Prosecutor: Jenifer Yois Hernandez-Vega

Posted on April 24, 2010
On August 12, 2009, an innocent man was arrested. After several months of hotly-disputed litigation, the innocent man was finally free. The police, prosecutors, and experts who were all lined up to send this innocent man to prison will face no consequences...

Henry Paulson Lied About TARP, Should be Indicted for Perjury

Posted on April 24, 2010
TARP was Supposed to Encourage Bank Lending. Remember TARP? The Trouble Asset Relief Program was sold to the American people as a way to resume bank lending to small businesses. TARP's architect, Henry Paulson, was CEO of Goldman Sachs before becoming Treasury Secretary...

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