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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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Best Buy Late Payment Scam
Posted on December 02, 2009Why haven't corporations like Best Buy and HSBC been indicted for fraud?
Is Calling Someone a "Snitch" Defamatory?
Posted on December 01, 2009A very cute case from the Second Circuit Court of Appeals. Michtavi v. New York Daily News (here).
Bradley Johnson, Seattle Spam Lawyer
Posted on December 01, 2009One of the more obnoxious aspects of blogging is comment spam. Usually comment spammers are promoting Viagra or online gambling. Lawyers like Bradley Johnson have fallen to the lowest common denominator, littering legal blogs with spam. Back in September, someone promoting Seattle attorney Bradley Johnson left a spam comment at Popehat...
Celebrity or Community?
Posted on November 30, 2009What the Tiger Woods situation should mean to you:
Tiger Woods and Tyranny
Posted on November 29, 2009If Tiger Woods died today, would you be able to pay your mortgage? Would your kids still wake up? Would your dog still love you? Why care about Tiger Woods? We care about Tiger Woods because they want us to. Think about how many people are F5'ing the Drudge Report to see what's new with Tiger (we're all on a...
Cognitive Bias and Climategate
Posted on November 29, 2009Did a whistle blower reveal hidden documents to the public; or was a hacker responsible? If your answer is, "That's a stupid question," then you are likely free of mind control. If the question makes sense to you, you're brain has been through too many spin cycles...
Credit Cards and Cognitive Bias
Posted on November 24, 2009Tonight PBS's Frontline will air a fascinating article on how credit card companies manipulate consumers into bad deals. Some of the stuff is illegal, although some perfectly legal tactics rely on cognitive biases like optimism bias: "I used to use the word 'penalty pricing' or 'stealth pricing,'" [a credit card exec...
How Old is 15?
Posted on November 24, 2009Great points from Dave Chappelle. Under the law of many states, a 17-year old is unable to consent to sex with her 18-year old boyfriend. In those same states, a 15-year old can be tried as an adult. If a person lacks the ability to understand the nature of sex, how can a person understand the nature of criminal acts?...
Law, Image, and Entitlement
Posted on November 23, 2009"The definition of a narcissist is one who creates an identity and prizes it above all other things." Defining one's self in light of one's job is symptomatic of narcissists, and is common in lawyers. As if italicizing one's profession were not enough ("I'm a lawyer"), lawyers must create a stronger bulwark by calling everyone else non-lawyers...
Kurt Greenbaum, St. Louis Post-Dispatch Reporter, is a Fraud and Hypocrite
Posted on November 19, 2009Kurt Greenbaum, a director of social media for the St. Louis Post-Dispatch, has answered an important question. Namely: "What happens when someone that knows very little about social media gets a job as a director of social media?" In answering the question, Greenbaum reveals himself as unethical and hypocritical...
Warren Buffett is No Folk Hero
Posted on November 17, 2009Years ago Tom Kirkendall had an insight that no one had before - or since, it seems - about Warren Buffett. Called "The Buffett Rule," Kirkendall explained the media's reporting of Buffett thusly: "A folksy and media savvy businessman involved in complicated structured finance transactions is given a pass [when others go to jail and receive negative press for the...
Using Google for Legal Research
Posted on November 17, 2009I begin every legal research issue the same way - with Google. Using Google just got better: As many of us recall from our civics lessons in school, the United States is a common law country. That means when judges issue opinions in legal cases, they often establish precedents that will guide the rulings of other judges in similar cases...
Deferred Prosecution for Aleynikov?
Posted on November 16, 2009In like a lion, out like a lamb: In a court filing on Monday, federal prosecutors revealed that Aleynikov's attorney plans to seek a resolution of the case that could culminate in either a deferred prosecution agreement, or a plea to a reduced charge of a misdemeanor...
Facebook Saves Teen from Confirmation Bias and Flawed Eyewitness Identification
Posted on November 15, 2009We got a black kid who was already in jail for armed robbery. Therefore, he must be guilty of an unrelated armed robbery. Oh, and we have an eyewitness identification. Let's send him to prison! Oops: For 19-year-old Rodney Bradford, a simple Facebook status update turned into much more: a rock-solid alibi after he was accused of a crime...
See a Narcissist Parent
Posted on November 15, 2009Do check out this insightful post and fascinating comment thread. "Sparkylong" serves as the voice of insight and reason. "Turk" plays the role of narcissistic father. The post and thread reminded me of a brilliant insight from The Last Psychiatrist: "[Today's parents] secretly read their kid's email and MySpace accounts, but have never once read the kid's math book...
Is it Legal for Lawyers to Use GPS Tracking?
Posted on November 15, 2009Tracy J. Hasper and Gordon F. Lull, both of Batza & Associates Inc., have this lengthy and interesting article discussing the legal issues of GPS tracking. Check it out (.pdf).
Obama Gives $33 Billion to Home Builders
Posted on November 14, 2009Rarely does news shock me. The corruption is so thick...How can one be surprised? Barack Obama has given us a reason to sit in awe: ON Nov. 6, President Obama signed the Worker, Homeownership and Business Assistance Act of 2009 into law, extending unemployment benefits by 20 weeks and renewing the first-time homebuyer tax credit until next April...
Judge Manuel Real at it Again
Posted on November 13, 2009What does it say about the judiciary's ability to self-police when Judge Manuel Real is still on the bench? A federal appeals court today criticized U.S. District Judge Manuel L. Real for his handling of $33.8 million entrusted to him for victims of late Philippines dictator Ferdinand Marcos, calling his accounting ?curious? and ?filled with cryptic notations? that failed to...
Aleynikov Hearing on Monday: Facciponti's Unanswered Questions
Posted on November 12, 2009Will AUSA Joseph Paul Facciponti indict Aleynikov - who was arrested less than 48 hours after Goldman Sachs reported him for alleging stealing trade secrets? (When Goldman calls: Arrest first, investigate later.) Or will Facciponti ask for another 30-day continuance? When is a federal judge going to stand up to Facciponti? Facciponti already lied in federal court...
Veteran's Day is a Time for Narcissism
Posted on November 11, 2009"Oh, thank you so much soldiers for serving and risking your lives. Yes, thank you. Oh, sure, I haven't written a single check this year to any veteran's-related charity. I care, though, dammit! I support the troops!" Yes, indeed, you do care. You care about how people perceive you...
Bear Stearns Not Guilty
Posted on November 10, 2009The two former Bear Stearn fund managers have been found not guilty. Details here. That is unsurprising. The prosecution against them was frivolous, for reasons I discussed in this post.
Sometimes It's Better Not to Appeal
Posted on November 10, 2009In the federal courts, court-appointed lawyers in complex cases must have their fee requests judicially approved. Spokane lawyer Gerald R. Smith requested a large fee request for a court-appointed case - over $46,000. The trial court hinted that Mr. Smith's performance was not worthy of $46,000: [T]he Honorable Justin L...
Speciesism and the Death Penalty
Posted on November 09, 2009Is it intellectually consistent for a death penalty abolitionist to feed her dog? There are those who claim that the death penalty is always wrong. It doesn't matter if the criminal tortured his victims for days before killing them. It doesn't even matter if the criminal enjoyed it...
Should Teenagers be Sentenced to Life Imprisonment?
Posted on November 09, 2009The Supreme Court will soon decide whether its constitutional to sentence juveniles to prison for life, for crimes less than murder. Scott Greenfield thinks that constitutional issues aside: LWOP for kids at all, no less for crimes short of murder, is just nuts...
Prosecutors Should Feel the Chill
Posted on November 06, 2009Sometimes someone says something so crisp that one can only feel awe and jealousy. Justice Sotomayor put me and everyone else to shame during oral arguments in Pottawattamie County v. McGhee. §§§ During the oral arguments in Pottawattamie, Chief Justice Roberts and Justices Alito and Breyer kept niggling over the alleged ?chilling effect? that allowing a lawsuit to proceed against...
A Human-Sized Duffel Bag
Posted on November 06, 2009I laughed out loud at this: [The defendant] challenges a number of the district court?s factual findings and argues the findings do not establish that officers lawfully conducted a protective sweep of the garage during which they observed an open duffel bag containing marijuana...
Federal Judges Demand DOJ Reform Discovery Practices
Posted on November 06, 2009Federal judges are standing up to the United States Department of Justice: Judge Paul Friedman of the U.S. District Court for the District of Columbia says he's "radicalized" when it comes to prosecution disclosure obligations. He is a proponent of a federal rule that clearly spells out the government's obligation to turn over favorable evidence to defense lawyers...
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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...








