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: Media Law Prof BlogEighth Circuit Affirms Lower Court Dismissal of "True Threat" Student Creative Writing Case
Full post as published by Media Law Prof Blog on August 16, 2008 (boomark / email).
Student Essay About Murder-Suicide Held To Be A True Threat
Riehm v. Engelking, ____F.3d____(8th Cir. Aug. 15, 2008), is an important student First Amendment case to be aware of. The Eighth Circuit held that a Minnesota high school student?s essay depicting a student?s murder of a teacher and suicide constituted...
Eighth Circuit affirms large above-guideline sentence
The Eighth Circuit today in US v. Austad, No. 07-1376 (8th Cir. Mar. 5, 2008) (available here), affirms an above-guideline sentence with heavy reliance on Gall. Here is the start and end: Christopher Austad (Austad) pled guilty to mailing threatening...
Ninth Circuit Affirms Dismissal of Indictment for Prosecutorial Misconduct
The Ninth Circuit Court of Appeals in United States v. Chapman affirmed the dismissal of the indictment in a case where a grand jury had indicted defendants in a "complex securities trading scheme" and failed to disclose over 650 pages...
Creative Writing 101
What is Creative Writing? Creative writing is anything where the purpose is to express thoughts, feelings and emotions rather than to simply convey information. I?ll be focusing on creative fiction in this post (mainly short stories and novels), but poetry, (auto)biography and creative non-fiction are all other forms of creative writing...
Eighth Circuit Affirms Dismissal of Securities Fraud Claim Against Merrill Lynch
The Eighth Circuit affirmed dismissal of claims based on the Arkansas Securities Act and fraud in Benton v. Merrill Lynch & Co., Inc., No. 07-2224 (5/5/08). In 2001 and 2002, David Howell fraudulently obtained money from various investors...
Eighth Circuit Affirms A Sentence of Probation For A Major Crack Dealer
The Eighth Circuit recently issued a decision (available here) holding that a significant downward variance was appropriate for a defendant who pleaded guilty to distributing 102 grams of crack cocaine...
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