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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

Calling Anti-Protectionists and Dormant Commerce Clause Wonks

Posted on June 08, 2009
I am catching up on case reading, and only just finishing reading NATIONAL ASSOCIATION OF OPTOMETRISTS & OPTICIANS LENSCRAFTERS, INC. V BROWN. This opinion did not get the attention it deserved. No amicus briefing. No press coverage upon its release. No blog coverage...

Reality Check: Why are Professional Sports so Dangerous?

Posted on June 07, 2009
We hear a lot about the "dangers" of steroids. Yet what is it that really makes sports like football so dangerous? It's the contact, which leads to concussions. In football, a player will receive multiple concussions each year. Why then don't we hear about the dangerous of concussions? It's because concussions are at the very nature of the game...

Legalized Prostitution and Sexual Slavery

Posted on June 06, 2009
I'd always said, gee, of course prostitution should be legal. I'm changing my mind. San Francisco has de facto legalized prostitution. You can go to MyRedBook.com to read reviews of "massage parlors." Prostitution is, more-or-less, legal. San Francisco is, not coincidentally, a center for sexual slavery...

Hiding from Truth

Posted on June 06, 2009
If one recognizes something as true, then one must take uncomfortable action. Therefore, refuse to recognize the truth. And thus most policy debates and other disagreements begin to make sense.

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Brendan J. O?Rourke, of O?Rourke & Associates, is a Slimeball

Posted on June 05, 2009
Details here.

Charles Bukowski

Posted on June 04, 2009
I have not laughed out loud so much since reading Catch-22 over a decade ago. I told my best friend that I no longer needed him. I'd just read Bukowski for fellowship. Some might say he's vulgar. I say that vulgar is all that exists once you embrace reality for what it is...

Did Michael Ireland Sexually Assault a Stripper?

Posted on June 04, 2009
Yes, even though limited touching is allowed, it's possible to sexually assault a stripper. Is that what Michael Ireland did? Michael Ireland has filed suit against the club, alleging dancer Sakeena Shageer kicked him 'without warning.' Cheetah Palm Beach manager Rod Kimbrough says that's not quite the way they remember the night...

Men and Women See the World Differently?

Posted on June 04, 2009
Holy shit! You mean mean and women see and experience the world differently? In research that we conducted with our colleague Andrew D. Martin, we studied the votes of federal court of appeals judges in many areas of the law, from environmental cases to capital punishment and sex discrimination...

"We Didn't Know He Was Clarence Thomas"

Posted on June 03, 2009
How does Justice Thomas treat people when no one is watching? Speaking empathy, how many Supreme Court justices do you think could have immediately bonded with a couple of high school students? Souter? Breyer? Ginsburg? Kennedy? Hah!

Kenny Hulshof is an Unethical Prosecutor; Should be Disbarred

Posted on June 03, 2009
Kenny Hulshof is the latest edition to the Mike Nifong Foundation. Details here.

Cognitive Dissonance, Thomas More, and Jurisprudence

Posted on June 03, 2009
As a follow-up to this post: Most of you know that Thomas Moe is a saint. He refused to sign an oath stating that King Henry VII's marriage was valid. Signing the oath would have violated God's law. It would have been perfectly legal under man's law. He didn't want to violate his conscience...

Cognitive Dissodance: If Abortion is Murder, What's the Problem?

Posted on June 03, 2009
If abortion is murder, what is wrong with killing an abortion doctor? Oh, it's illegal to kill an abortion doctor! If it were World War II, and some Nazis - pursuant to law - came looking for some Jews, would you just hand them over? Would that be moral? That law, after all, is the law...

Congress Moves Fast in Judge Samuel Kent Impeachment Proceedings

Posted on June 03, 2009
Congress was not amused.

Congress Should Investigate Fifth Circuit Court of Appeals

Posted on June 02, 2009
Federal judge (yes, he's still on the payroll) Samuel Kent is going to prison. He sexually assaulted his law clerks. Had Judge Edith Jones and the rest of the Fifth Circuit had their way, Judge Kent would still be a federal judge. Here is my post explaining what those judges did to help a colleague...

Samuel Kent Games System Until Very End

Posted on June 02, 2009
Texas federal judge Samuel Kent, whose Edith Jones and other members of the Fifth Circuit Court of Appeals attempted to cover-up, is soon going to prison on charges relating to sexual assault. He is still getting a salary. Initially, he had applied for permanent disability...

No Second Amendment Right to Possess Assault Weapon in California

Posted on June 02, 2009
"In this case, we hold that possession of an assault weapon in California remains unlawful and is not protected by the Second Amendment to the federal Constitution as construed by the United States Supreme Court in District of Columbia v. Heller." So wrote the California Court of Appeal in People v...

Scam Alert: Wells Fargo Refund Application Form

Posted on June 01, 2009
This scam looked almost plausible at first. It claimed to have originated from refunds@wellsfargo.com. Why did this look plausible? I have been in a fee dispute with Wells Fargo for years. Maybe I finally won? That's how these scams work. Send out a million e-mails claiming to be from major banks...

Stratton Faxon; and Silver, Golub, & Teitell

Posted on June 01, 2009
You're not very good at what you do. Nobody knows your name. So you buy someone else's name. When someone types in the name of a well-known lawyer, you pay Google to have them show your name instead. It gets better. Your name will appear above the name of the lawyer whom the potential client was researching...

Good Trips on Travel Safety

Posted on May 31, 2009
Great tips here (via Cowen). I would add: When in a cab, I always sit directly behind the driver. If anything goes down, I am going to strangle him or gouge his eyes out. (This is easy to do when behind a person. Simply grab either side of his head, ensuring that each middle finger goes into his eye sockets...

Abu Ghraib Pics Show Rapes of Women and Children

Posted on May 29, 2009
Now we learn why Obama will not release other pictures from Abu Ghraib: The latest photographs relate to 400 cases of alleged abuse between 2001 and 2005 in Abu Ghraib and six other prisons. Mr Obama said the individuals involved had been ?identified, and appropriate actions? taken...

Poverty in America

Posted on May 29, 2009
How bad is the U.S. economic situation? It's so bleak that people are having to decide whether or not to continue paying for satellite television. It's cliche to say, but true: This article reads like something out of The Onion. Here we go: For families like the Ferrells, however, who were already just a car repair or an appliance breakdown...

Evidentiary Foundations and "Opinions"

Posted on May 29, 2009
This pisses people off, but it's illustrative: The next time someone says that global warming is occurring, ask them: 1. Who are the leading experts on global warming? 2. What are their backgrounds? 3. Have their climate models made accurate predictions about future events? 4...

Surrendering Your Mind to Experts: Why Have an Opinion at All?

Posted on May 29, 2009
Much of my life is performance art. Try it sometime. Pretend to be a global warming denialist. It's great fun, and very revealing. Some very well-educated people started talking about global warming. I said that I was skeptical. Everyone at the table turned against me...

Keyboard Cat and Police Training Video

Posted on May 28, 2009
Greatest thing to ever appear on the Internet?

Criminalizing Comic Book Porn

Posted on May 28, 2009
Interesting case for those of you who follow free speech issues. (UPDATE: Read the comments.) Some dude in Iowa is going to prison for collecting comic book images of cartoon children being molested. At first I thought Ashcroft v. Free Speech Coalition would apply...

Beta Males Find Financial Ruin

Posted on May 28, 2009
What happens when you let your wife pressure you into buying a house? Foreclosure. Unless you wife can afford to pay the mortgage, she has no right to demand that you purchase anything. That is the essence of equality. That so many males get in over their heads because of women is proof that we do not live in a...

True or False?

Posted on May 28, 2009
So long as everyone agrees to believe the lie, then the lie will remain the truth. A) Sometimes true. B) Always true. C) Never true. D) Other.

Things to Do Before People Die

Posted on May 28, 2009
My grandma is going to be dead soon. It will have an emotional impact on me, but what can you do. Man is mortal, and she has lived plenty of decades. This weekend I am going to compile a scrap book of pictures documenting things that have occurred in my life over the past few years since I moved from...

Explaining Why Obama is the Supreme Alpha Male

Posted on May 27, 2009
I was having a discussion with a world-famous blogger over Facebook. I explained to his Facebook audience why Obama was an alpha. One person suggested that Obama was not an alpha. He was beta. There is obviously a supreme misunderstanding of the alpha male persona...

Best Summary of Prop 8/California Gay Marriage Decision

Posted on May 27, 2009
From Patrick at Popehat: I?ve commented many times here concerning what a silly state you people live in. I find your California notions of easy judicial fiat (the West Coast and the Ninth seem to be most ?activist?) and easy plebiscites by direct vote revolting...

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