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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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Narcissism in the News: How Dare Spirit Airlines Charge for a Service
Posted on April 07, 2010Flying on an airline has become a tragedy of the commons. Everyone wants to bring two large bags onto the plane, even though the shared resource of the overhead bins cannot accommodate everyone. Consequently, we all stay in line far too long while hapless flight attendants shift bags and explain to passengers that there isn't room for their luggage...
Friends or Yes-Men?
Posted on April 07, 2010Jack Marshall has apologized to Eric Turkewitz for leveling false charges against him. So...What went wrong? How can we learn from Jack? In the past 48 hours, at least a dozen lawyers with stellar reputations for honesty told Jack to back off. Lawyers who work in legal ethics for a living explained that the accusations Jack made were false...
Jack Marshall of ProEthics is a Moron
Posted on April 06, 2010I had no idea who Jack Marshall, a self-proclaimed ethicist and president of ProEthics, was. Then he showed up at a law blog, and made an idiot of himself. He claimed that a law blogger's conduct violated the Rules of Professional Conduct. He never cited a single rule or court opinion...
Why You Must Go All-In When Hiring A Trial Lawyer
Posted on April 06, 2010Criminal appeals are generally hopeless. If you have a house, mortgage it to hire the right criminal lawyer - at trial. If the statistics on criminal appeals aren't harrowing enough, consider that a rape conviction was upheld on appeal based on this evidence: At trial, Jane Doe X testified how she originally developed a relationship with, and ultimately became a...
Hedge Fund Billionaires Pay Lowest Income Tax Rates
Posted on April 05, 2010Did you know that hedge fund managers pay a lower income-tax rate than you? Hedge fund managers only pay 15% income tax. How? When you take a draw of your partnership profits, it's treated as income. If you, like many readers, are successful, then you're paying 35% income tax on your profits...
Jobless Doublespeak
Posted on April 05, 2010Only in America can jobless not really mean jobless. In America, you can not have a job yet not be considered jobless. Here's how: The increase in jobs highlighted in the nation's most recent unemployment report carried the sound of economic promise, but Obama administration officials said Sunday that the public shouldn't expect any dramatic improvement in the jobless rate,...
Happiness and Experience
Posted on April 04, 2010People take it for granted that they want happiness. The ancient Greeks asked, ?What is happiness?? Does happiness exist? Is it a state of being? Is happiness a state of being, or a transient emotion? ?Happiness is fleeting,? people often say. If happiness does exist ? and anyone who has been depressed, and thus has experienced the absence of happiness...
Competency Catch-22
Posted on April 02, 2010Today is the day I am going to die. Life is pointless, and not worth the struggle. Things have not turned out as I had planned. I live my life on my own terms - or not at all. I bid you farewell. None of you are to blame for my death. I have hid my suicidal desires from you...
The New America
Posted on April 02, 2010The New York Times has this sobering coverage of the long-term unemployed. In past recessions, people who lost jobs eventually found work. In this current depression, people who lost jobs are finding no work at all; or they are undermployed - working jobs well below their skills and prior wage levels...
Cheeseburger Josh: Brazilian Jiu Jitsu v. Drunk Loudmouth
Posted on March 30, 2010The skinny hipster demonstrates what an average person can do with about six months of Brazilian jiu jitsu training:
Full-Time Law Blogger Job for Thompson Reuters/Lexis-Nexis
Posted on March 30, 2010This is a job that you might find of interest.
Animal Cruelty: Teaching Animals to be Human
Posted on March 30, 2010Scientists Successfully Teach Gorilla It Will Die Someday
Karen Grindle Enabled Child Rape at South Berwyn School District 100
Posted on March 30, 2010These allegations are disturbing: An elementary-school music teacher in the South Berwyn School District 100 was charged with sexually molesting numerous students over a period of several years during his tenure in the district. Some of the victims brought this civil lawsuit against the District and a school principal who allegedly knew about the abuse long before the charges were...
Men in the News
Posted on March 29, 2010Men are the new black. I will probably write an omnibus post on manhood. Until then, here are but a few discussions on manhood throughout the world: Japanese "herbivore men" are afraid of women. Men prefer video games to women. Or men turn to video games because they cannot get women - who are searching for the few men who...
Fat People Are Drug Addicts
Posted on March 29, 2010The stress eaters among us will not find this at all surprising: In a newly published study, scientists from The Scripps Research Institute have shown for the first time that the same molecular mechanisms that drive people into drug addiction are behind the compulsion to overeat, pushing people into obesity...
Six Years (Off-and-On)
Posted on March 26, 2010Happy (Belated) Birthday to Crime & Federalism. The first post was on March 19, 2004. Burned through some co-bloggers, got fired from a job, lost a couple of friends; but also got citied in two federal judicial opinions, got me jobs, and gained several friends...
Dear Ninth Circuit Haters
Posted on March 26, 2010Do you even read some of the stuff coming out of the Ninth Circuit Court of Appeals? How can you proclaim that the Ninth Circuit is loaded with liberal judicial activists in light of cases like this?
Most Influential Books Meme
Posted on March 24, 2010Catch-22: Probably this is the best explication of human thinking ? ever. It also got me over puppy love. I was 19 when I read it, and could not understand why this girl whom I treated nicely ended the relationship to date a jerk. She wants a nice guy but if you?re nice she doesn?t want you ? that?s a...
J.P. Morgan to Get $1.4 Billion Tax Refund
Posted on March 24, 2010I just wrote the IRS a hefty check. I work hard to run my business at a profit. I do not take stupid risks, or gamble like a Wall Street bankster. Like a middling middle class idiot, I wake up and work hard for my money. Thus, I earn a profit every year - though certainly not Wall Street level...
Status and Happiness
Posted on March 24, 2010Numerous studies all show the same thing, namely, that people are only happen when they are above others: A study by researchers at the University of Warwick and Cardiff University has found that money only makes people happier if it improves their social rank...
The Dirty Truth About Public Defenders
Posted on March 22, 2010Criminal defense lawyers often decry the blue wall of silence. Why don't police officers speak out about corruption? Yet criminal defense lawyers defend the indefensible public defense system. There isn't a criminal defense lawyer reading this post who would, if charged with a crime, choose to be thrust into the public defense system rather than hire counsel...
Forensic Science is a Scam
Posted on March 20, 2010A groundbreaking report by the National Academy of Sciences (NAS) last year recognized that much of forensic science is not rooted in solid science. Many forensic disciplines ? such as hair microscopy, bite-mark comparisons, fingerprint analysis, firearm testing and tool-mark analysis ? were developed solely to solve crimes...
Teacher Locks Up 7-Year-Old Child; Ninth Circuit Approves
Posted on March 18, 2010If only the headline were misleading.
The Profitability of Tapping Into a Client's Narcissism
Posted on March 15, 2010Sorry, but rarely do "normal" people end up in the court system. Normal people ignore the slights of existence; or at least they don't think bearing the hassle and expense of litigation is congruent with the slight. Being only slightly abnormal, I have of course drafted Complaints over various slights...
Lehman Brothers Repo 105 Accounting Fraud
Posted on March 15, 2010The slicker the language you listen to, the quicker you'll land on your ass. And so it is with the Lehman 105 Repo fraud. Let's take a quick look the slick language before avoiding slipping on the bullshit. In the Business Insider, Tom Kirkendall (who has earned praise at Crime & Federalism many times but who is very confused about...
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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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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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