tag:blogger.com,1999:blog-62462462012-02-07T18:06:03.298-08:00OverpunditA blog devoted to law, politics, philosophy, & life. Nothing in this blog is to be construed as legal advice. Bloggernoreply@blogger.comBlogger1521100tag:blogger.com,1999:blog-6246246.post-1083679657411954262004-05-04T07:07:00.000-07:002004-05-04T07:11:32.670-07:00Civil Rights in an Age of Terrorism If I were running for office, I would give the following stump speech when asked the cliched question: “How do we balance freedom with security?” I am tired of hearing people say that because we are fighting a borderless “war on terror” we should be willing to surrender our civil rights. Indeed, we should more vigorously exercise our civil rights. Freedom Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1082563339382490812004-04-21T09:01:00.000-07:002004-04-21T09:06:25.716-07:00Bumper sticker I saw a bumper sticker today that read: "There is no food like breastfood." Some things are better left unsaid.Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1082515552894445702004-04-20T19:44:00.000-07:002004-04-20T19:49:57.860-07:00So maybe the problem isn't with the Intel's intel Please see this site. I conclude that the only "intelligence" problem we have is with the intelligence of the people reading the FBI's reports. Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1081907023559604342004-04-13T18:37:00.000-07:002004-04-13T18:47:39.046-07:00Feeney Amendment and ex post facto laws Ruling it is "procedural rather than substantive," the 2nd U.S. Circuit Court of Appeals has joined other circuits in applying the PROTECT Act's de novo review of federal sentences to appeals that were pending when the act was passed. (Free registration required). Pre-Feeney, a judge's decision to grant a downward departure was subject to an abuse of Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1081906476078018932004-04-13T18:32:00.000-07:002004-04-13T18:38:31.640-07:00Half a cup of justice County Attorney Barbara LaWall hired James Stuehringer to represent Peasley as he fought disbarment for allowing former Tucson Police Department Officer Joseph Godoy to lie on the stand in two capital murder trials. If these charges are true, then a prosecution must follow.Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1081544734583143602004-04-09T14:04:00.000-07:002004-04-09T14:09:24.700-07:00Books for Soldiers... Please click (and if you are a blogger - link) here.Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1081303443630685882004-04-06T18:59:00.000-07:002004-04-07T12:08:05.496-07:00Real rape The story below shows how disgracefully our criminal justice system treats victims of false accusations of rape. Whoever was falsely accused most likely: 1. Was booked into jail where he faced being raped himself 2. Must disclose in his application for any government job that he was arrested 3. Must disclose to any State Bar he applies to that he was arrested 4. Paid thousands of Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1081303054569451902004-04-06T18:56:00.000-07:002004-04-06T19:01:20.076-07:00Ken Starr is now Dean Starr Kenneth Starr is now Dean at the Pepperdine Law School. This should be great news for Pepperdine. The LA Times story is here. Pepperdine's announcement is here.Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1081302952605904392004-04-06T18:52:00.000-07:002004-04-06T18:59:38.140-07:00Bad news...Illinois v. Caballes It is always bad news when the Supreme Court grants cert. in a Fourth Amendment case where the lower court sided with the private citizen. Illinois v. Caballes asks whether an officer can detain a private citizen while a police officer uses a drug dog to search his car for contraband. Via Goldstein & Howe.Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1080924814038833112004-04-02T08:53:00.000-08:002004-04-02T08:57:13.593-08:00If numbers do not change meaning over time, then why must words? Of course, one counter-argument is that although the meaning of numbers remain fixed, words do not have clear meanings. However, who argues that the Electoral College, Art. II, §1, cl.2 is unconstitutional in today's time. It is argued to be undemocratic when it leads to the election of a President who received 500,000 less Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1080924790029176442004-04-02T08:52:00.000-08:002004-04-02T08:56:49.590-08:00The right to privacy The pro-abortion forces think they have a monopoly on the term "the right to privacy," which means the right to kill the unborn. Very often some poll will come out showing that a supermajority of Americans support the right to privacy. And although no intelligent person believes that the right to privacy means the right to kill, a book I have been reading offers examples Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1080924758301930042004-04-02T08:51:00.000-08:002004-04-02T08:56:17.856-08:00Race, One-hundred & twenty-nine years later. In support of a 1875 bill to "protect all citizens in their civil rights," 18 Stat. 335 (1875), Congressman Butler had this to say: "There is not a white man [in] the South that would not associate with the negro - all that is required of this bill - if that negro were his servant. He would eat with him, suckle from her, play with her or him as Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1080870685793904482004-04-01T17:49:00.000-08:002004-04-01T17:55:05.296-08:00CrimLaw Since I have been getting some high quality traffic lately, I want to refer the readers of the Greedy Clerk Board and How Appalling to my favorite web log, Crimlaw. Ken Lammers is a fresh lawyer with a lot of talent. On his blog you can read a writing sample and closing argument from his different cases. Someday when he is big time, we can be proud to say, "We read his blog, when." Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1080756863903548122004-03-31T10:13:00.000-08:002004-03-31T10:18:01.356-08:00Leggo my ‘ego I have been reading with much laughter the How Appalling blog, which parodies How Appealing and the perceived lack of humility of its owner. This discussion here shows we all have a little too much ego in us. Bloggers, in general, have issues. We put sitemeters on our blogs. We Google our blogs. We see who is linking to us so we post that someone is linking to us. We remind Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1080699913079259832004-03-30T18:24:00.000-08:002004-03-30T18:28:49.436-08:00A new blog This new blog, Crime & Federalism, looks promising. Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1080603901365688602004-03-29T15:44:00.000-08:002004-03-29T17:09:08.420-08:00Excepting their way around the Fourth Amendment… Most of us do not decide to gain thirty pounds, to become intolerably grouchy, or to become immoral. Rome was not built in a day. Nor did Rome crumble in a day. Rather, as C.S. Lewis said, “The road to hell is a gentle slope.” So too is the road to tyranny. The text of the Fourth Amendment… The Fourth Amendment provides that “The right of Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1080579817382179102004-03-29T09:02:00.000-08:002004-03-29T09:07:12.123-08:00The Fourth Amendment has been re-written "The right of the police to search and seize shall not be infringed, and no warrant shall be necessary if the police officer believes one is not necessary." Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1080174070883143332004-03-24T16:17:00.000-08:002004-03-24T16:24:48.950-08:00Hearsay hearings In California, as well as many other states, the trial court may rely on hearsay statements for their truth in determining whether a defendant shall be held to answer (re: whether there is probable cause that a crime was committed and that it was committed by the defendant). Preliminary hearings are thus a sham. A police officer takes the stand. The police officer relates to Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1080173683256607502004-03-24T16:08:00.000-08:002004-03-24T16:18:11.450-08:00Sympathy? CrimLaw notes an article discussing the recent severity of white collar criminal offenses. I am not sympathetic to the plight of white collar criminal offenders. For years they have lobbied the state court systems to ensure that petty thieves would suffer severe punishment. For example, in California a person commits felony (grand) theft if he steals an object worth $400 or more. Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1080173193071095392004-03-24T16:02:00.000-08:002004-03-24T16:10:01.356-08:00Standing after Pringle In Maryland v. Pringle (No. 02-809), the Supreme Court held that a police officer may arrest every occupant of a car if the officer finds illegal drugs in that car and none admit to owning the drugs. Shouldn't this mean that each occupant of a car now has standing to challenge the lawfulness of a search of the car in which they ride? If each occupant of the car can be Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1080096835365021122004-03-23T18:53:00.000-08:002004-03-23T18:57:21.763-08:00Not out to save your soul... The confession of a Warrensburg man who admitted to killing most of his family should be suppressed because he was interrogated by a sheriff's deputy who had also been his lay minister, a Missouri appeals court ruled Tuesday.Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1079983346302215682004-03-22T11:21:00.001-08:002004-03-22T11:25:51.326-08:00Oh how the times have changed The author of a 1982 book about finding a job as a lawyer provides this advice: "There may be instances in which younger lawyers escorting you to dinner may offer or use marijuana or other narcotics. Even if you normally use marijuana, prudence suggests abstinence during the interviewing process. You simply are unable to gauge the effect of such an action, however Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1079983306439355282004-03-22T11:21:00.000-08:002004-03-22T11:25:11.466-08:00Priorities Which is more important to you as a concerned citizen: 1. Justice Antonin Scalia went duck hunting with several of his long-time friends, including Vice President Cheney; or 2. Senate Democrats delayed the confirmation of at least one federal judge in order to manufacture the result of a pending appellate case? Chances are that many Americans do not know that special-interest groups Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1079719652393280552004-03-19T10:04:00.000-08:002004-03-19T10:11:18.340-08:00Sabri v. United States - draft article This is a draft of an article I am writing. I hope to peddle it to the Champion. Anyhow, it is a work in progress, since I will need the Court's opinion to finish it. If you have any comments, please e-mail them to me. INTRODUCTION March, which is tornado season, is said to come "in like a lion, out like a lamb." Expect March to bring a little Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1079717147207332762004-03-19T09:49:00.000-08:002004-03-19T09:56:07.153-08:00Sabri v. United States The oral argument transcript for Sabri v. United States (No. 03-44) is available here. Although the case was briefed on Spending Clause and Necessary and Proper Clause grounds, Court watchers and Constitutional Law scholars kept asking "What's the big deal? Isn't the federal program bribery statute constitutional on commerce clause grounds?" See this exchange, for Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1079395897655641862004-03-15T23:11:00.000-08:002004-03-17T16:02:04.560-08:00Dean Starr? Ken Starr is one of six people interviewing for the position of Dean of the Pepperdine Law School. Update: It appears that the link isn't working. You can read the full story by doing a google search with the words: Pepperdine and the Graphic and Ken Starr. Update: The link is now working. The full story is here. Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1079388284384496192004-03-15T13:54:00.000-08:002004-03-15T14:08:00.200-08:00Bean Counter "philosopher" Apparently Brian Leiter, a law professor at the University of Texas, has acted out his insecurity on a young law student. I have always disliked Leiter. First, he is much too old to be studying Nietzsche. Even Zarathustra admonised that "There is no greater insult to a teacher than to forever remain a student." By this standard, Leiter would be spewed from Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1079383584443685462004-03-15T12:39:00.000-08:002004-03-15T12:49:39.606-08:00Holy Cross Given the fabulous opinion of Crawford v. Washington, I thought I would share with you what Edward Bennett Williams described as the first transcript of a cross-examination. It comes from the Thirteenth Chapter of Daniel. In Babylon there lived a man named Joakim, who married a very beautiful and God-fearing woman, Susanna, the daughter of Hilkiah; her pious parents had trained Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1078336186076637562004-03-03T09:44:00.000-08:002004-03-03T09:54:12.326-08:00Death penalty stuff A year ago I counted heads in over 75 Supreme Court death penalty cases. I compiled this information into an Excel sheet to track whether and when a particular now-serving justice voted for death. If anyone wants it, email me (overpundit at yahoo dot com). Also, I have the "final meal requests" of all inmates executed in Texas. This information was available online untilBloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1078335370742351952004-03-03T09:35:00.000-08:002004-03-03T09:39:09.420-08:00Special annoucement from John Edwards today at 4 I recevied the below message in my email today: "Senator John and Elizabeth Edwards will return home to share a special announcement with their family, friends and supporters in Raleigh, NC today. Tune in at 4:00pm EST for live cable coverage of the event." Hmm... Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1078269494376214312004-03-02T15:17:00.000-08:002004-03-02T15:21:12.263-08:00BREAKING NEWS West to face criminal charges for gay marriages New Paltz village Mayor Jason West will be charged with numerous misdemeanor counts for the gay marriages he performed Friday under a media spotlight and without standard paperwork. Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1078186144133169202004-03-01T16:06:00.000-08:002004-03-01T16:12:00.843-08:00Jeremy Blachman hits 100,000 Jeremy asks a favor: "If you like something you read here, tell someone about it. If you really like it, tell two people. If you really really like it, tell that guy you know who works for that magazine, or that girl who works for that literary agency, or Jon Stewart's personal assistant." I like it. Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1078177958790784102004-03-01T13:52:00.000-08:002004-03-01T13:56:06.170-08:00Doug Kmiec on Locke v. Davey... ...can be found here.Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1078173230783967862004-03-01T12:30:00.000-08:002004-03-01T12:41:56.700-08:00Fourth Amendment summary on exceptions to the warrant requirement. This story (via CrimLaw) reminded me of this language: "[T]he Court has vacillated between imposing a categorical warrant requirement and applying a general reasonableness standard. Compare Thompson v. Louisiana, 469 U. S. 17, 20 (1984) (per curiam), with United States v. Rabinowitz, 339 U. S. 56, 65 (1950). The Court has most Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1078169293558733802004-03-01T11:27:00.000-08:002004-03-01T11:31:09.700-08:00In good company when making mistakes... "Every lawyer and every judge can recite examples of documents that they wrote, checked, and doublechecked, but that still contained glaring errors." That goodie is contained in Justice Kennedy's dissent in Groh v. Ramirez (02-811), on pp. 3-4 in the slip opinion. Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1077737165718064602004-02-25T11:24:00.000-08:002004-02-25T11:28:55.123-08:00No one ever gets framed, really... High School principal (with the "pal" at the end) attemted to frame a high school student, saying, "I know this isn't or wasn't ethical," but since "we both know he is dealing drugs, [ ] I wanted to catch him so I put drugs in the locker." Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1077733985880410122004-02-25T10:31:00.000-08:002004-02-25T10:35:55.043-08:00Sabri Reply Brief ...is available here. Note that one of the Brief's authors clerked first for Judge Richard Posner and then for Justice Antonin Scalia.Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1077732344982727562004-02-25T10:01:00.000-08:002004-02-25T10:11:19.983-08:00On children and puppies At Crescat Sententia, a debate over whether to have children rages. (Well, "rages" isn't the right word). My wife used to want to have children. Then we bought a puppy. Having to wake up early and stay up late (based on the whim of the puppy and how much he naps during the day), having to take the dog out 10 or 15 times a day (when we're lucky enough to catch him Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1077731352198560832004-02-25T09:48:00.000-08:002004-02-25T09:52:01.090-08:00Pleasure reading You can't go wrong reading Ken Starr on the Sixth Amendment.Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1077730653358153392004-02-25T09:25:00.000-08:002004-02-25T09:40:35.216-08:00Kid 'n Play The Lock v. Davey decision is now available. It is a 7-2 decision written by C.J. Rehnquist. Rather than rely on the text of the Constitution, Rehnquist applies the "play in the joints doctrine." The doctrine "play in the joints" seeks to answer this question: Is it true that every time a funding decision would not violate the Establishment Clause then States must fund religious Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1077729819951264122004-02-25T09:11:00.000-08:002004-02-25T09:26:51.856-08:00Heck v. Humphrey & Section 1983 Muhammad v. Close makes clear that the Heck v. Humphrey bar against Section 1983 claims applies only where the action attacks the underlying conviction or determination of actual confinement time. (Slip Opinion at 4-5)("His §1983 suit challenging this action could not therefore be construed as seeking a judgment at odds with his conviction or with the State’s Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1077728977404060762004-02-25T09:07:00.000-08:002004-02-25T09:12:26.826-08:00Lawyer loses $150 an hour for poor writing. In a civil rights case (where the prevailing plaintiff is awarded attorney's fees), the lawyer was compensated $300 per hour for his trial work. But this rate was cut in half for his written work because of its poor quality.Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1077325923811345772004-02-21T05:11:00.000-08:002004-02-20T17:15:01.780-08:00No meal reimbursement for work on Christmas Day This exchange is so sad, for so many different reasons.Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1077323814609790372004-02-20T16:35:00.000-08:002004-02-20T16:39:37.340-08:00Legal writing in Rush Limbaugh case... Thanks to Criminal Appeal for this pointer.Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1077322306204820552004-02-20T16:10:00.000-08:002004-02-20T16:17:55.796-08:00Capitalism meets Christ I am a Christian and I am a capitalist. But this makes me sick: "Replicas of the nails used to hang Jesus on the cross have become the red-hot official merchandise linked to Mel Gibson's controversial new movie, "The Passion of the Christ." Pendants made from the pewter, 2 1/2-inch nails - selling for $16.99 - all but flew out of the Christian Publications Bookstore onBloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1077321619811015942004-02-20T15:59:00.000-08:002004-02-20T16:03:30.500-08:00"Getting More from Google" If you are a googlephile, you will enjoy this article. (Requires free registration to the MIT Technology Review. With a smart-sounding title like that, who wouldn't register). Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1077321009279298082004-02-20T15:46:00.000-08:002004-02-20T15:54:32.030-08:00Dead, but not forgotten See this post at Legal Fiction for an example of Aristotle's Rhetoric to the Edwards and Kerry campaigns. Every post I have read at Legal Fiction is intelligently written (And I say this even though I often disagree with 'em). Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1077320290231750672004-02-20T15:37:00.000-08:002004-02-20T15:40:52.746-08:00A new blog From what I can tell, Criminal Appeal kicks ass.Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1077318086620308992004-02-20T14:54:00.000-08:002004-02-20T15:05:33.826-08:00Ex Enron CEO indicted here.Jeff Skilling's lawyer is Daniel M. Petrocelli, a highly respected civil litigator. Petrocelli was lead council in the Simpson civil trial. I read his closing argument in that trial. His closing argument was among the best I have ever seen. The government has their hands full. One more reason to never be charged with a crime until you are very, very wealthy. Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1077317281657755502004-02-20T14:43:00.000-08:002004-02-20T14:50:43.983-08:00Breath out, start up. CrimLaw links to an article discussing the New Mexico legislature's attempt to require all cars to have a device that requires the driver to blow into a breatalyzer before the ignition would start. My hunch is this law would be invalid under the Dormant Commerce Clause as a undue burden on interstate commerce. I also think it would be invalid under a theory of field Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1077056437883749712004-02-18T14:18:00.000-08:002004-02-17T14:24:14.996-08:00The New Federalism? ALAFAIR BURKE has a Findlaw column examining Sabri v. United States. The United States surprised her (and me) when it argued that Congress had the power to enact the federal program bribery statute (18 U.S.C. 666(a)(2)) under the Necessary and Proper Clause. Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1077065651699677862004-02-17T16:42:00.000-08:002004-02-17T17:06:55.140-08:00Political advocacy in action - the filibuster that never was I imagine someone could write an interesting human-interest piece about the Democrat filibusters of conservative nominees. What was it like for Miguel Estrada to be denied an up-or-down vote? How did his family feel seeing his integrity questioned? Did he grow stronger or weaker as a result of the experience? Is he cynical? And Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1077045950241127442004-02-17T12:25:00.000-08:002004-02-17T11:28:28.576-08:00Unauthorized practice of law in California Ouch. Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1077048277406591712004-02-17T12:04:00.000-08:002004-02-17T12:07:16.060-08:00Commercial speech and Do-Not-Call ...case upholding the do-not-call registry is available here. Via How Appealing.Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1077045426541191062004-02-17T11:11:00.000-08:002004-02-17T11:56:49.263-08:00Man serves 4-hour detention for daughter. "On the morning of Friday January 30, Hatton said he decided it was too cold for his children to go to school that day. But the Lovington High School Handbook does not list "parental concern for a child's safety" as one of six excused absences in their handbook." *** "Lovington High School Principal Kevin Van Meter said the Hatton's 16 year old Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1077042845022971132004-02-17T10:23:00.000-08:002004-02-17T10:58:11.233-08:00I can't seem to spot the issue... "Private sector lawyers are joining forces with the San Francisco city attorney's office to defend the city's move last week to issue same-sex marriage licenses." The licenses were issues in violation of state law. A political subdivision is subordinate to the state. Local officials may not violate state law. When the municipal employees issued marriage Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1077041088226221742004-02-17T10:02:00.000-08:002004-02-17T10:08:05.106-08:00Eugene wonders... ..about this story (where it seems a fellow was either wearing face paint to rob a house or face paint to make fun of dark-skinned people), "[I]ts suggestion that the real explanation (burglary) is less serious than the apparent one (blackface), strikes me as out of place, unless I'm picking up a subtext that isn't really there." Could be the burglary was going to be a collegeBloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1077039965991446802004-02-17T09:39:00.000-08:002004-02-17T09:49:03.780-08:00Section 1983 case "The appeals court found that while the Supreme Court has established a right under the 14th Amendment of mentally competent individuals to decline life-sustaining measures, that does not apply to patients like Pouliot who were never able to express their wishes." What is most amazing is that the Second Circuit denied the AG's claim of absolute immunity for their acts. See Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1077039406796427822004-02-17T09:35:00.000-08:002004-02-17T09:39:24.856-08:00DOJ Reading Room I am not sure if I posted this yet. Anyhow, here is a link to the DOJ reading room, where it's top-notch AUSA manauls are available for public study.Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1077039312914540912004-02-17T09:31:00.000-08:002004-02-17T09:37:50.996-08:00Martha stewart and phone logs See the Smoking Gun for another reason to remember: it is almost always easier to explain the truth, than to explain why you lied about the truth.Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1077039096057348222004-02-17T09:28:00.000-08:002004-02-17T09:34:14.186-08:00In a job market where many students can't find jobs... ...law firms are having an overly difficult a time enticing the top students. The solution? "After fielding complaints from a number of large law firms, a task force at the National Association for Law Placement has recommended shortening the time in which law students have to respond to employment offers." I'll file this under "Reasons Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1076977559161479012004-02-16T16:20:00.000-08:002004-02-16T16:41:15.640-08:00Handy dandy federalism quotes "[T]he constitution of the United States is one of limited and expressly delegated powers, which can only be exercised as granted, or in the cases enumerated. This principle, which distinguishes the national from the State governments, is derived from the nature of the constitution itself, as being a delegation of power, and not a restriction of power previously Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1076976854999183192004-02-16T15:49:00.000-08:002004-02-16T16:16:52.436-08:00The Feeney Amendment. Part I. Sex Crimes. Below please find some of my notes on the Feeney Amendment. If you have any other questions, I can e-mail you a draft of a paper that, by the way, will be included in the CLE materials of a national bar association. I am not yet sure who will hold the copyright. And so I refrain from posting the entire document online. Indeed, what follows are Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1076959198415387512004-02-16T11:19:00.000-08:002004-02-16T14:26:06.373-08:00McNab v. United States, or: Why I like it when rich people get charged with crimes. How Appealing posts links to McNab briefs here. Miguel Estrada is council for petitioner. Seth Waxman (Solicitor General during the Clinton administration) is amicus in support of petitioner. Whatever the Supreme Court decides to do in this case, at least we can sleep well knowing that it was handled by the Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1076700016122294962004-02-13T11:19:00.000-08:002004-02-13T17:50:46.810-08:00Maybe there is a reason the parents don't want you around? "The [Michigan] state Senate on Wednesday unanimously approved a bill intended to protect grandparent visitation that would change a state law recently ruled unconstitutional."Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1076698385794688212004-02-13T10:52:00.000-08:002004-02-13T10:56:11.610-08:00The Sixth Amendment means free representation... "The Minnesota Supreme Court on Thursday struck down mandatory fees the Legislature imposed last year on defendants who use public defenders." Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1076698262740270752004-02-13T10:48:00.000-08:002004-02-13T10:53:35.170-08:00More proof that it's the lawyer that counts Criminal defendant gives medical records to his lawyer. Lawyer turns over these medical records to the D.A. D.A. uses the information in these records to put nails in the defendant's coffin. Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1076698054249428852004-02-13T10:46:00.000-08:002004-02-13T10:50:06.716-08:00Pre-law? File a lawsuit! "Three white applicants denied entry to the University of Washington School of Law asked a federal appeals court yesterday to overturn an earlier decision ruling out discrimination." Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1076644708305713902004-02-12T19:56:00.000-08:002004-02-12T20:25:05.903-08:00The law of marriage in California California Family Code Section 308.5 defines marriage: "Only marriage between a man and a woman is valid or recognized in California." Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1076644117731596942004-02-12T19:47:00.000-08:002004-02-12T19:51:09.513-08:00Above the law "In an open challenge to California law, city authorities performed scores of same-sex weddings Thursday and issued a stack of marriage licenses to gay and lesbian couples." Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1076629979649171832004-02-12T15:44:00.000-08:002004-02-12T16:43:57.263-08:00Criminal Law & the Supreme Court, an Update For your convenience, I am going to provide links to the briefs, oral arguments, and opinions in criminal and Section 1983 cases heard before the United States Supreme Court. I hope that Tom Goldstein will do something similar, since he would have the time and resources to do a better job. At his blog, they timely post documents. However, they do Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1076550487275499632004-02-11T17:46:00.000-08:002004-02-11T17:51:23.216-08:00How can I not support Bush's amnesty plan? "The Mexican crowd hooted 'The Star-Spangled Banner.' It booed U.S. goals. It chanted 'Osama! Osama! Osama!' as U.S. players left the field with a 2-0 victory." Via Legal FictionBloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1076547986654970382004-02-11T17:04:00.000-08:002004-02-11T17:09:14.013-08:00McNab v. United States A superb discussion of the send 'em to jail for undersized lobster tails case is here. What frustrates me the most is that the United States wants to send to prison for 5-10 years people who contribute hundreds of thousands of dollars a year in income and corporate taxes. Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1076547731617209862004-02-11T17:01:00.000-08:002004-02-11T17:04:42.296-08:00Wesley Clark drops out of campaign. Breaking news...Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1076544849256748982004-02-11T16:13:00.000-08:002004-02-11T16:16:39.716-08:00Howard "How Appealing" Bashman on becoming an appellate advocate... ... can be found here.Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1076536451414891662004-02-11T13:43:00.000-08:002004-02-11T16:27:20.763-08:00I was irony my BDU's today Here is someone else criticizing John Kerry for making anti-war statements. As a young man John Kerry faced combat in Vietnam. His boat came under heavy fire and his squad member fell into the river. Kerry dived into the river to save his friend. Kerry is anti-war. All able-bodied males under 35 years old are eligible to fight in the Iraq War. Many of these Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1076535543067615732004-02-11T13:37:00.000-08:002004-02-11T13:41:33.186-08:00What would Patton do? Peter Kirsanow, a member of the U.S. Commission on Civil Rights, provides this analysis on General Patton and affirmative action.Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1076534266696666012004-02-11T13:11:00.000-08:002004-02-11T16:19:44.436-08:00Pepperdine Professors Kmiec and Scarberry on impeachment "Interestingly, Massachusetts judges are also subject to removal under a procedure known as a bill of address. The Massachusetts legislature can remove renegade judges from office by a simple majority in both legislative chambers with the concurrence of the governor and his advisory council. Under the bill of address, the legislative and Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1076532298033430942004-02-11T12:42:00.000-08:002004-02-11T16:28:21.310-08:00Big award in civil rights case. "LONGMONT, Colo. (AP) A federal jury has awarded a man $190,000, saying two Longmont police officers illegally entered his home while investigating a noise complaint three years ago." Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1076532016904054512004-02-11T12:38:00.000-08:002004-02-11T12:42:46.966-08:00Who says growing old doesn't have advantages? New HIV tests spots first college outbreak Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1076467089529791342004-02-10T18:36:00.000-08:002004-02-10T18:46:42.013-08:00Federal Judicial Center - FREE Books The Federal Judicial Center offers many publications for free download. I have read several of these books. They have all been top quality. Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1076365347301152812004-02-10T02:15:00.000-08:002004-02-09T14:27:26.890-08:00Inglewood Police Officer indicted on federal charges I think this violates Double Jeopardy. And yeah, I know the theory and cases behind allowing a successive federal court prosecution. Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1076364639059475872004-02-09T14:07:00.000-08:002004-02-09T14:13:06.686-08:00Famous Trials website Please check out the Famous Trials website. There is a wealth of original documents from many famous trials, including a closing argument by Max Steuer. Who is Max Steuer? Well, Irving Younger, in the famous NITA videos, said that Max Steuer was the greatest trial lawyer of the 20th Century; and second to Clarence Darrow for all-time greatest. Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1076364396965779352004-02-09T14:01:00.000-08:002004-02-09T14:09:04.640-08:00Judicial economy and persuasion Ernie the Attorney has an excellent post on the role judicial economy plays in persuasion. I was at a CLE where trial legend Tom Girardi told us how he was able to obtain more than the usual 15 minutes for voir dire. (In California state court, judes rarely give the attorneys more than 15 minutes to conduct voir dire). Mr. Girardi would say, "Your honor, if IBloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1076363968962119142004-02-09T13:54:00.000-08:002004-02-09T14:02:35.576-08:00Eugene Volokh on the Feeney Amendment Eugene Volokh, at the VC, posts this op-ed on the Feeney Amendment. The radical liberal, Renhquist, C.J., had this to say about the Feeney Amendment: "It is, of course, the prerogative of Congress to determine what to consider in enacting a statute. But it surely improves the legislative process at least to ask the Judiciary its views on such a Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1076114152054783522004-02-06T16:34:00.000-08:002004-02-06T16:38:51.436-08:00Application of the Fourth Amendment to federal grand jury proceedings Question Presented Whether a person subpoenaed before a grand jury to present physical evidence has a Fourth Amendment right to have the reasonableness of the request reviewed by a neutral and detached magistrate? Summary of Arguments The Fourth Amendment protects a person's privacy interest in her bodily integrity so Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1076030726005519212004-02-05T17:24:00.000-08:002004-02-05T17:27:48.106-08:00I like this guy's style. Mark provides million-dollar legal advice. Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1076028594316788842004-02-05T16:48:00.000-08:002004-02-05T16:52:16.043-08:00Even better than TV The CATO Institute archives most of their events in RealAudio format. Something fun to watch tonight after work (if your work ever does end) is available here. Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1076027735012035522004-02-05T16:23:00.000-08:002004-02-05T16:42:25.983-08:00Why the goverment almost always wins From time to time people groan that the government wins around 45% of its cases before the Supreme Court. Many times, these same people allege some sort of conspiracy between the OSG and the Court. However, after listening to at least 100 oral arguments at Oyez, and reading at least 100 briefs before the Court, I know why the government almost always wins: Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1076026964850370602004-02-05T16:16:00.000-08:002004-02-05T16:25:06.920-08:00A good chuckle. One of the reasons the government offers in its brief for allowing the police to search and seize a car after an arrest is that, were the court to not allow them to do this, there would be the danger that "if the arrestee appeared to get out of the car voluntarily, the arrestee nevertheless [might have done] so to avoid the application of Belton []." If people had this nuanced Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1075940560634310872004-02-04T16:21:00.000-08:002004-02-04T16:25:01.340-08:00"Students host coming out day" These days, coming out as a Republican is more dangerous than coming out for being gay.Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1075864102665058482004-02-04T12:06:00.000-08:002004-02-03T19:11:50.000-08:00Congress and federal crimes. A great exercise in studying Constitutional Law is to do the following: Read the Constitution to find examples wherein Congress is given the power to define or punish crimes, or both. Then pick up Title 18 of the United States Code. Which one is bigger?Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1075866701689660742004-02-03T19:49:00.000-08:002004-02-03T19:54:01.610-08:00Challenge to Sentencing Rules Rebuffed ...So begins this article on the Feeney Amendment. Yet another reason to stay out of federal court. Now, if only some activist judge would limit Congress to its constitutionally enumerated powers.Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1075864770038413912004-02-03T19:15:00.000-08:002004-02-03T19:21:49.576-08:00Job Opening The National Federation of Independent Business has a job opening for a licensed attorney with 1-3 years of experience. For further details, contact them at: "Attention: Legal Foundation, 1201 F Street, NW, Suite 200, Washington, DC 20004, Email: resumes@nfib.org" I don't know anything else about the position or the organization. Nor am I one of their representatives. I simply Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1075863152084389082004-02-03T18:41:00.000-08:002004-02-03T19:05:27.326-08:00SSA SDRAWKCAB. This person , who said: "The 'overly-restrictive view of individual rights and liberties' is called a written Constitution and the rule of law", in reference to this interview, should read this book. Anyhow, the poster has things backwards. The written Constitution was meant to limit the powers of the Federal Government. The Federalist No. 45, p. 292-293 (C. Rossiter ed. 1961) Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1075861535212683452004-02-03T18:13:00.000-08:002004-02-03T18:27:54.606-08:00Annoyed It annoys me to find myself agreeing with almost everything a person says. But yet again, CrimLaw makes very valuable points. I have said for years that if the Democrats ruled the world, we would all be assigned a psychologist. After all, anyone who disagrees with their social platform must be mentally ill. If Republicans ruled the world, we would all be assigned a probation officer.Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1075860783200961282004-02-03T18:11:00.000-08:002004-02-03T18:15:22.763-08:00Legal Humor? View this article here on Amicus Humoriae, which is pretty funny. Also, check out LAW HA HA.com.Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1075760345494248212004-02-02T14:14:00.000-08:002004-02-02T14:31:06.390-08:00More on recess appointments from the Office of Legal Counsel, circa. 1992. Scroll down to the bottom of this link to access an advisory opinion from the Office of Legal Counsel dated Jan. 14, 1992 regarding recess appointments. The conclusion? "The President may make interim recess appointments during an intrasession recess of eighteen days." While not dealing with judges, it does talk about Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1075756042580313152004-02-02T13:04:00.000-08:002004-02-02T13:10:25.000-08:00Howard "How Appealing" Bashman's Press Release for his new firm ... is available here. Can you hear it, "And in the blue corner, weighing in with 12-point Book Antiqua font, is Howard HOW APPEALING Bashman!" Bloggernoreply@blogger.comtag:blogger.com,1999:blog-6246246.post-1075755546216240262004-02-02T12:58:00.000-08:002004-02-02T13:01:23.483-08:00"Free Martha Now" Interesting commentary on the Martha Stewart case is provided here. Free registration is required. Bloggernoreply@blogger.com