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Legal Commentary

That Lawyer Dude

A site for non-lawyers (especially students) where issues in law are discussed. Focus on Criminal and Family law. Has a libertarian bent.

Post Frequency: 1.7/day

Last Entry: June 14, 2017 at 15:39:00

Queens District Attorney Brown wants to Silence the Judge so he can make the Defendants talk: Another attack on Miranda

Posted on November 01, 2010
Prosecutors hate quiet defendants. In fact they will go to great lengths to get them to talk, especially to confess. In New York City over the past few years, Assistant District Attorney's will go into the holding pens known as Central Booking and actually interview these arrested folks, telling them that this is their only chance to talk to a prosecutor before arraignment and that it may result (during a blue moon)in a dismissal of their case...

It's Election Day. Here Are My Endorsements

Posted on October 31, 2010
Anyone who blogs for business reasons will tell you: "DON'T Get Political on your business blog." So much for my listening to common sense. I see a lawyer's job in part to help lead his community. That includes supporting candidates for office; not just anyone who runs on a particular party line, but candidates they know will make a positive difference in the lives of the people they try to help every day...

Are Some Lives Worth More Than Others?: Only Your Prosecutor Knows

Posted on October 29, 2010
Today, two people will be sentenced for killing innocent others. One person will have made a series of very bad decisions while intoxicated ending in her killing a young girl age 11. The other will have made a conscious decision to kill 11 people. The former will receive a sentence of 12 years in jail...

God Help Me. I Can't Believe I Am Writing This: O'Reilly is Correct. End Public Funding For NPR & PBS

Posted on October 24, 2010
I have to admit, that I am not crazy about public funding of the airwaves in America. I have no problem with Radio Free Europe and its progeny. I mean NPR and PBS. Until now however I was more or less willing to over-look the two because as things go, I think Sesame Street is a better deal than...

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The Firing of Juan Williams: Liberals & Neo-Cons Two Peas in a Pod. They Only Favor Free Speech of Those With Whom They Agree.

Posted on October 21, 2010
Juan Williams is a reporter and commentator for NPR (National Public Radio). He also tries to provided the "balance" on Fox News Network presenting the so called "Liberal" side of the Fox equation. The other night, Bill O'Reilly was discussing whether or not America had a "Muslim Problem...

Some Fun Stuff for a Sunday Night: Funny Animation of The Carl Paladino Campaign and a Review of Innocent by Scott Turow

Posted on October 18, 2010
Hello all,I have found a few light fun things to tell you about. If you have some time you might want to look into them.First Al Nye the Lawyer Guy reviews the new Turow Mystery Innocent which takes up where Presumed Innocent left off, kind of. It is the story of Rusty Sabich a Chicago Judge who had been acquitted years ago (in the first book) of Murder, now being tried again by his old nemesis Tommy Molto for the murder of his wife...

Stuff Even I Can't Make Up: Blabbing Bimbos, USHLS Keep Cartoons Characters Safe From Child Sex Abuse, Moonlighting Is Okay for Judges As Long As They Remain Unfunny and Surprise! Someone Got Angry in an Anger Management Class..

Posted on October 16, 2010
For a little light reading, I thought I would take you for a short tour of what I found funny (that's to read funny strange not funny HA HA! I will admit there is some overlap however)1. For the last time People, If you are going to "Kiss and Tell" DON"T DO IT ON THE INTERNET!!!Exhibit One: A woman fighting for child support admits on Facebook that her child is not her husband's...

The Battered Woman Syndrome Defense Scores a Big Win in Butterknife Stabbing Case: Some SOBs Just Need Killin."

Posted on October 13, 2010
When the Prosecution opens the trial with:"Kevin Cobb may not have been a husband or father any of us would want to have..." That ought to be the first clue there is going to be a problem with the prosecution.When the next thing the prosecutor says is: the husband (Kevin Cobb) was out using coke, returning home around 3 a...

Should Lindsey Lohan Go To Jail? Why This Celebrity Means Something To You.

Posted on July 15, 2010
There is a debate raging over at my favorite blog the ABA News today over what should happen to "poor little Lindsey Lohan". For the uninitiated, She has been in two drug related DWI's she has completely destroyed her probations and she has been sentenced to 90 days in jail and rehab...

Why Are American's So Dumb?

Posted on July 11, 2010
This post is a rant, so if you don't want a rant, go elsewhere. I am sick of seeing a bunch of lunatics try to run our nation on half lies and rumor. I am also sick of people trying to use half-wit reasoning and because they bellow the loudest they get treated like they actually know something...

Of Regan, Kennedy, and Rockwell: TIme To Reflect On Being An American Not a Republicat or Demorican

Posted on July 05, 2010
A very interesting exhibit opened at the Smithsonian Art Museum In Washington DC. this Fourth of July weekend. It is a retrospective of the works of Norman Rockwell, as seen through the eyes of two of America's greatest living movie directors Steven Spielberg and George Lucas...

Happy Fourth of July: Ray Charles Sings America The Beautiful

Posted on July 02, 2010
This is an ode, a love song to a country. My Country, Our Country. I love to hear Ray Charles sing America the Beautiful. Please listen to it with me today and all weekend. The words to the original are printed here below:America the Beautiful Words by Katharine Lee Bates,Melody by Samuel Ward O beautiful for spacious skies, For amber waves of grain, For purple mountain majesties Above the fruited plain! America! America! God shed his grace on thee And crown thy good with brotherhood From sea to shining sea! O beautiful for pilgrim feet Whose stern impassioned stressA thoroughfare of freedom beat Across the wilderness! America! America! God mend thine every flaw, Confirm thy soul in self-control, Thy liberty in law! O beautiful for heroes proved In liberating strife...

Planning to come to NYC this Fourth of July?

Posted on June 28, 2010
A friend posted on Facebook that he was coming to NY City on the weekend of the Fourth of July. He asked for suggestions on things to do in NY City Queens Brooklyn and Long Island. Here are my suggestions for food and fun in New York City:July 2nd:Dine early at Bella Blu on 70th and Lex then cab across town to catcheither "Promises Promises" or "Fences" (with Denzel Washington) before it closes on the 13th...

U.S. News & World Report Law School Rankings Shocker: Hofstra Law School Jumps 14 spots.

Posted on April 19, 2010
US News & World Reports Law School Rankings came out last week and my Alma Mater Hofstra University School of Law just jumped Fourteen (14)points!Just two years ago, Hofstra did not even qualify as a tier 1 school. Last year it squeaked in at number 99 but this year it establishes itself as a school on the rise...

U.S. News & World Report Law School Rankings Shocker: Hofstra Law School Jumps 14 spots.

Understanding Internships: Are You An Intern or a Slave?

Posted on April 05, 2010
The summer internships are on their way. For many High School, College and even Grad Students, the economy is dictating that, in highly sought after opportunities, payment of any kind may be discretionary. In a NY Times piece last week Reporter Steve Greenhouse described how many young people are not being treated fairly by employers who either paid them below minimum wage, or below scale and called the experience an "Internship...

Happy Easter, The Lord Has Risen. Will You Help a Mom Of Two Find A Bone Marrow Donor?

Posted on April 04, 2010
Christ has risen. I am in a hopeful mood. Maybe it is the sudden turn in the weather, or maybe it is the good food mom serves on Easter Sunday. Either way, I am blogging again for better or worse. If you want to know where I've been, I have been trying cases left and right...

San Diego Gestapo...uhhh police...Arrest Innocent Jet Fan

Posted on January 19, 2010
People ask sometimes ask me "what can be worse than the murder of an innocent person by a violent criminal? For me that is an easy answer: Members of the government allegedly acting on my behalf,and at my expense, who abuse their authority and arrest an innocent person...

PokerStars World Blogger Championship of Online Poker: I'm Playin Poker, Are You?

Posted on January 16, 2010
I have registered to play in the PokerStars World Blogger Championship of Online Poker! This PokerStars tournament is a No Limit Texas Hold?em event exclusive to Bloggers, you too can take part by registering on WBCOOP Registration code: 240027 Wish me luck...

Justice Scalia Gives The President ( and the rest of us) Something To Think About

Posted on January 05, 2010
It is a new year here and first thing out of the box is a story about, Justice Scalia suggesting there are too many judges on the Supreme court. Note I didn't say too many lawyers. (He is not advocating the promotion of non attorney's to the bench.)Scalia is actually saying what a lot of libertarians have been saying over the past 20 years, that is, there are not enough trial lawyers and other non-government lawyers on the bench and it is skewing the court to a position of over favoring the government at the expense of the individual...

Does Anybody Out There Ever Read The US Constitution (besides lawyers I mean): Why Tiger Doesn't Talk

Posted on November 30, 2009
Short post:Everybody has a theory on why Tiger Woods is not being given the "third degree" by Florida Police.I have heard his money is buying him out of it, that he has important politicians on his side, that he has a bad attitude and a lot of other things mostly not complementary to either Mr...

Happy Thanksgiving.

Posted on November 25, 2009
I haven't left a blog post here in a long time. Still for some reason, people occasionally stop by to see if I have been writing. I am sorry I haven't been. I have been spending a lot of time reading other people's writing, and working, and writing articles for legal magazines, but short pity blog posts haven't been my thing lately...

We Are Not The Land Of The Free Until We Stop The Nanny State Bull Hockey

Posted on July 04, 2009
I don't have the time for a long post today. I love America. I believe in its promise. I get frustrated however when I see that we refuse to trust our people with their own money and their own bodies. There are natural consequences from every act, but legal consequences must not be based on someone Else's subjective test of right and wrong...

Madoff's Fools Get Vengeance at Taxpayer's Expense...Why the Madoff Sentence is Unfair to the Rest of US

Posted on July 01, 2009
Denny Chin an otherwise pretty good judge really screwed the rest of the people that Wall Street cheat Bernie Madoff didn't screw over. By sentencing Madoff to 150 years, Madoff now spends the rest of his life living off the public. We take care of his room and board not to mention his health till he eventually meets the true God of Justice...

Freedom of Speech Does Not Permit You To Break The Law

Posted on June 08, 2009
Ian Barry is a Seventeen year old who knowingly broke the law to make a point. Ian gave a speech as to why Marijuana ought to be legal to a High School class. During the speech, he lit a joint and by the end of the speech, ingested the joint. Police arrested him...

Facebook and DWI: A Defense Attorney's Nightmare.

Posted on June 07, 2009
Chicago IL. Criminal Defense Attorney Steve Komie is doing a bang up job in the case of an 18 year old who was allegedly drunk and killed a motorcyclist. Unfortunately the woman, now 20 can't get out of her own way long enough to help him out.Komie has proved that Town of South Elgin Police destroyed the blood test prosecutors hoped would prove Erika Scoliere was drunk when she collided with motorcyclist Frank Ferraro...

It's D-Day and That Lawyer Dude Returns... Again.

Posted on June 06, 2009
I may revive this blog more often than Pop Tart Britney Spears revives her career, but I am back. It has been a while. I know that most of you who stop by here come to see me rant on something or just to see if I am alive (thanks for those of you who stop by to see if I am alive)...

Judge to School District: "PISS OFF!!" & Let the Kids Play Chess!!

Posted on June 06, 2009
Sometimes I love writing the title of these pieces can you tell? :P When has a school district "nanny stated" itself too far?? Well in California, it seems that when the Shasta Union High School District wanted to drug test kids on the CHESS TEAM, a court said, uh NO!!! (Emphasis added...

Response to the Ridiculous: A Measured Rant in Resonse to an Idiotic Argument Against the DREAM ACT

Posted on April 13, 2009
The DREAM ACT was reintroduced last month followed by President Barack Obama stating his intention to begin debating true immigration reform.A twitter tweet lead me to this ridiculous commentary by a blogger on "BloggerBase.com" I would normally just leave a comment there but the idiot who wrote the piece didn't want anonymous comments (which is OK by me, I sign my work) and the site won't let you use your name unless you join...

Seems We White Collar Criminal Defense Attorneys Are a Hot Date Commodity. Why? Cause we are IN DEMAND. Who Knew? You Should!!

Posted on March 14, 2009
I found this little tidbit about finding wealthy guys for "gold digging" girls. It says that if you want to find wealthy guys hang out with lawyers...But not just any lawyers. No only Bankruptcy and White Collar Criminal Defense Lawyers. I just told my wife I am a hot commodity...

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