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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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Cognitive Bias and Friends
Posted on June 20, 2009As expected, Aristotle gave the best instrumentalist justification for having friends. To paraphrase: We are disgusting, self-involved, snot-producing, hairy beasts who cannot see our own faults. We can easily see the faults in others. By socializing with others, we can see what they do wrong...
How Does the Recession Affect Friendships?
Posted on June 19, 2009That seems to be an interesting topic. I find it boring. If I have money, my friends have money. My friends share the same value system. If your value system is different, then you are not a real friend, and do not have real friends. Your life is empty...
Body Language Tip of the Day: Talk to the Hands, Cuz the Face Ain't Telling the Truth
Posted on June 19, 2009If you want to guess a person's age, look at her hands. More people are using Botox than you'd expect. So the face is sending off false signals. The hands show age much more reliably than the face. Plus, if you see old hands but a youthful face: You have new information...
Are Gold American Eagles Worth What Congress Has Said They Are Worth? Or: The IRS v. Robert Kahre
Posted on June 17, 2009[Editor?s note: I am not a tax protester. Until researching the issue that is subject to this blog post, I thought all of the arguments raised by the tax protester crowd were frivolous. On this issue, I am not so confident.] Take a look at this gold coin...
Why Hasn't Greg Damm Been Disbarred?
Posted on June 17, 2009When I read an article about an overbroad subpoena designed to chill free speech, I saw a familiar name - Greg Damm. Here's the article. Here is my prior coverage of Greg Damm.
Peter Singer Explains Why We Shouldn't Take Academics Seriously
Posted on June 16, 2009Peter Singer issues a non-partisan critique of academia: If I am correct, the vast majority of us who live in developed nations are not living an even minimally decent ethical life. Almost all of us spend money on luxuries ? after all, even bottled water is a luxury when the water that comes out of the tap is free...
Regulation, Doctors, and Universal Health Care
Posted on June 16, 2009Universal health care for all! People say that like it means something. The logistics of universal coverage are complicated. Which is why I roll my eyes at "theorists" who write articles about why it's we must have universal health care. Um, great. We should have nuclear fission, too...
Stallworth Buys 30 Days for Manslaughter?
Posted on June 16, 2009Isn't killing someone considered a crime against the public? If so, then why can you buy yourself out of a prison sentence by giving big money to private parties? That's exactly what happened here: MIAMI ? Cleveland Browns wide receiver Donte' Stallworth is going to serve 30 days in jail after pleading guilty in Florida to a DUI manslaughter charge...
Canandian Little Brother is Watching
Posted on June 16, 2009Let's just put cameras everywhere. Every cop car. Every court room. Every judicial chamber. Every prosecutor's office. Let's just make everything public. It's the only solution.
SEC Bans Madoff from Working in Securities Industry: Go Get 'Em Tiger!
Posted on June 16, 2009Several years after being warned that Bernie Madoff was running a Ponzi Scheme; and several months after people lost billions of dollars; the SEC has finally taken action: WASHINGTON (AP) -- Disgraced money manager Bernard Madoff has been prohibited from working in the securities industry under a settlement with the Securities and Exchange Commission...
Snoop: What Your Stuff Says About You
Posted on June 14, 2009I read a lot of books, but few are must-reads. Snoop is one of only two books that I would stake my book-recommending credibility on. Yes, you should buy this book immediately. If you don't get anything out of it, I will donate $10 (the purchase price) to your charity of choice.
Russia's Rape of Germany
Posted on June 13, 2009Why didn't we learn this in history class? Relations between Russia and Germany have not been good since Vladimir Putin's nationalist sabre-rattling this summer, but they are about to get a whole lot worse. A new film about to be released in Germany will force both countries to re-examine part of their recent history that each would much prefer to...
Kirk Bernard is a Slime Ball
Posted on June 13, 2009I do not oppose lawyer marketing or lawyer advertising. I even respect a certain amount of hustle. There's a line between hustle and shyster-scum-bag-shameless-slime-ball, though. Kirk Bernard crossed it. After a car crash nearly killed someone's child, Kirk Bernard wrote a blog post: Washington Car Crash Kills Couple from Vancouver and Critically injures Son A five-year-old Vancouver boy and his...
Kirk Bernard is Still a Slime Ball; Also a Plagiarist
Posted on June 13, 2009Kirk Bernard, a Seattle personal injury lawyer, drew the blogosphere's attention last night. His marketing is slimy, shameless, and unsavory. It also appears that he is a plagarist. That is, he passes off the writing of others as his own. In reviewing his blog, here is what appears to be his modus operandi: 1...
"See niggas feared Prince and respected Preme"
Posted on June 13, 2009This song is bad ass even without context. It's a rap narrative of the New York drug scene. It's best appreciated in light of this Wikipedia entry on Supreme Team. I also recommend this book: Queens Reigns Supreme: Fat Cat, 50 Cent, and the Rise of the Hip Hop Hustler.
Little Brother is Watching
Posted on June 13, 2009One of the unintended consequences of our surveillance society is that it's harder for police to break the law. What was supposed to allow law enforcement to oppress citizens is actually saving innocent civilians. The case of the Colon brothers is illustrative: NEW YORK (June 13) - When undercover detectives busted Jose and Maximo Colon last year for selling cocaine...
Stephen Louis A. Dillard for the Georgia Supreme Court
Posted on June 12, 2009Stephen Dillard, who blogs as "Feddie" at Southern Appeal, is being considered for the Georgia Supreme Court. He's a longtime e-friend, and good guy, who would be fair to all litigants. Please support him by casting an online vote for him here. (He's about halfway down the page...
J. Calvin Cunningham Rips Off Clients
Posted on June 11, 2009North Carolina J. Calvin Cunningham has been reprimanded by the North Carolina State Bar for cheating clients. This is the kind of stuff that gives lawyers a bad name: A North Carolina lawyer has received a reprimand for billing a divorce client $50 every time he reviewed her bill and every time he sent her a form letter enclosing the...
$1.3 trillion in Wealth Destruction
Posted on June 11, 2009You could spend a lot of time thinking about wealth. Like..... Does it even exist? Take a look at this article, for example: The brute force of the recession earlier this year turned back the clock on Americans' personal wealth to 2004 and wiped out a staggering $1...
California State Bar, in Refusing to Reappoint Scott Drexel, Sends Message to State: We Don't Want Lawyers Disciplined
Posted on June 10, 2009The State Bar of California has sent out a memo: If you want to be the chief lawyer responsible for policing lawyer misconduct, do not actually police misconduct. This is a wink-nod position. Scott Drexel got the memo. From the Daily Journal: SAN FRANCISCO - The State Bar Board of Governors decided this week not to reappoint Scott Drexel, the...
Great Advice for Jobless
Posted on June 10, 2009Stop whining and learn something. If I were jobless, it'd be kind of nice. I'd take a job bar tending or something. Then I'd read books for the rest of my waking hours. It'd be a sabbatical. If I were in need of a law job, I'd spend hours a day becoming a subject matter expert on some area of...
Investing in a Hedge Fund is Like Joining the Country Club
Posted on June 09, 2009Yes, "successful" mutual fund and hedge fund managers are just lucky. Here is the math. Why they don't people invest in a boring fund like Vanguard's S&P 500 Index, or PIMCO Total Return? Because then you don't get to say, "I invest with [insert prestigious hedge fund]...
House Judiciary Committee Votes to Recommend Impeachment of Judge Samuel Kent
Posted on June 09, 2009Details here.
Ricci v. Destefano is a Hard Case -- NOT
Posted on June 08, 2009A lot of people misunderstand the issues in Ricci v. Destefano. This is because you have to know quite a bit about both federal law and constitutional law to understand it. Most do not. Thus, massive confusion. To analyze Ricci, keep a few things in mind...
Life Bias: Better to Live a Slave Than to Have Never Been Born?
Posted on June 08, 2009There must be a term of this. Please educate me. In the meantime, I'll call it the "life bias." Most of us would rather be alive than dead. We'll go to great lengths to remain alive, even if our lives suck. Even most sex slaves don't kill themselves, though most drink and drug themselves to death as they seek to...
High Status/Alpha Body Language
Posted on June 08, 2009Bookmark this microblog before reading on. Interesting article (here) on status and body language. The research shows, as you might expect, that taller people are perceived to be higher status. It's also the case that posture affects one's perception of your status...
Sotomayor is a Multi-Millionaire
Posted on June 08, 2009I am sick of peoples blogging about Sonia Sotomayor's financial situation. Here is the latest, from the ABA Journal: Sonia Sotomayor made more than $205,000 last year as a federal appeals judge and law lecturer. Yet her net worth of $740,000 is relatively low, compared to other justices she would like to join on the U...
Caperton v. Massey Coal
Posted on June 08, 2009The New York Times reports: WASHINGTON ? In a closely watched case involving the confluence of justice, politics and money, the Supreme Court ruled for the first time that the Constitution canrequire an elected judge to step aside in a particular case based on campaign spending in state judicial races...
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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...

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...








