Prisons

This week, Emad Abdullah Hassan, a Yemeni man held at Guantanamo Bay since 2002, renewed his legal effort to fight the policy of tube-feeding detainees on hunger strike in protest against their ongoing detention. Last month, the D.C. Circuit held that the federal courts have jurisdiction over cases where Gitmo detainees challenge the terms of their confinement, though the panel declined to enjoin the practice of forced feeding. (You can read the specific claims in Hassan’s case here.)

Nasogastric feeding, the method used with Gitmo hunger-strikers, is where medical staff deliver liquid nutrition directly to a patient’s stomach via a thin plastic tube inserted through the nose.

Critics call the forced feeding torture. Is it?

double red triangle arrows Continue reading “Who Cares If Gitmo Detainees Starve to Death?”

* Upskirt photos not illegal in Massachusetts. The spirit of Kennedy lives on! [Mass Live]

* The investigation continues into whether Judge Mike Maggio, who might be the infamous Geauxjudge, suffers from a bad case of the Internet Crazies — but in the meantime, his campaign for the Court of Appeals took a hit. [Arkansas Times]

* Speaking of judicial ethics, Judge Kimberly Brown has been removed from the bench in Indiana. She’s only the third judge ever to be permanently removed from the job. [Indy Star]

* Wachtell Lipton partner Ricky Mason and his wife, Hoboken mayoral candidate Beth Mason, have been charged with several election-law violations. Uh-oh. [PolitickerNJ]

* Which state just ruled that you have a reasonable expectation of privacy in texting… even if you’re texting about a heroin deal? [IT-Lex]

* Dewey love the judge’s name in the Barclays suit over the dead firm’s debts? Yes. Because “Popplewell” is an awesome name. [The Lawyer]

* The data are in, and the top college grads have passed an all-important math test: they figured out law school is a bad deal. [Associate's Mind]

* Yet another Florida law school dean has stepped down. This is what happens when you take a job in a state full of retired people. [Daily Business Review]

* Obamacare has been credited — and bashed — for a lot, but are we underselling its role in reducing prison populations? [Sentencing Law and Policy]

You can take your analogy and shove it right up your [expletive], judge.

Kenneth Conley, a convicted bank robber, at his sentencing for having masterminded a daring escape from the Chicago MCC in 2012. Judge Gary Feinerman could only respond with a “thank you,” making this a rare “defendant-slap.”

The term “daring” is no understatement when it comes to this escape. Conley and his accomplice cut a hole in a concrete wall and then used a rope fashioned from bed sheets and dental floss to scale down the prison’s outer wall in the middle of the night.

(If you’d be scared scaling a two-story wall suspended only by dental floss, check out a picture of the wall they actually scaled down.)

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This is pretty archaic.

* Being a mass murderer wouldn’t be any fun if you couldn’t play video games. Also, let’s Upworthy this: Elie tells a story about himself dancing naked… you won’t believe what happens next. [ATL Redline]

* Ted Wells of Paul Weiss finally got off his duff and issued his report on the harassment situation in the Miami Dolphins locker room. [Deadspin]

* ♫Rubber Duckie, you’re the one, you make state legislative sessions drafting complicated statutes allowing gambling on racing you so much fun!♫ [Lowering the Bar]

* From the “dick moves” file, this guy put up a Craigslist ad pimping out his neighbor without her knowledge or consent. From the f**king idiot files, this guy had no idea how easy it would be for the authorities to track him down. [IT-Lex]

* Is the aggressive lateral partner recruitment strategy bringing results? [Adam Smith, Esq.]

* There’s pretty much nothing OK with the new gay segregation law in Kansas. [Lawyers, Guns & Money]

* The Virginia decision legalizing gay marriage made one slight misstatement. “Our Constitution declares that ‘all men’ are created equal.” Really? Does it now? [Josh Blackman's Blog; WSJ Law Blog]

* Intelligence Squared held a debate last night between Pentagon Papers whistleblower Daniel Ellsberg and the ACLU’s Ben Wizner against former prosecutor (not Weekend at Bernie’s star) Andrew McCarthy and former CIA Director R. James Woolsey on the question: Snowden Was Justified. The video is embedded after the jump…. [Intelligence Squared]

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Try me. Just. F’ing. Try me.

* GEEZER FIGHT!!! (Still not as good as the all-time classic embedded after the jump) [Lowering the Bar]

* Judge Boyce Martin apparently racked up nearly $140,000 in improper expenses. Now he’s gone from the Sixth Circuit. At least he finally has some time to travel. [Talking Points Memo]

* The University of Wisconsin got smacked with a lawsuit over its decision to get rid of student government because student governments are useless application padding for tools for no reason. I want this to go to trial just to hear everyone “Badger” the witness. UPDATE: So this is UW-Milwaukee so they’re technically the Panthers. I stand by the original joke because nothing will badger the witnesses more than reminding them that they didn’t have the grades to go to UW-Madison. [The Chronicle of Higher Education]

* Thomson Reuters Concourse is getting serious. They just added Drafting Assistant, Westlaw Doc & Form Builder, and WestlawNext Practitioner Insights to the platform and promise more on the way. At this rate, I’m expecting a big “WestPhone” & “WestPad” unveiling in a few weeks. [Legal Current]

* The story of the late Duke law student whose family was hounded by Sallie Mae for repayment may have come to a conclusion. [Think Progress]

* “You Don’t Have to be Jewish to Love a Kosher Prison Meal.” [New York Times]

* Some law students at the University of Utah Law School have created a humor journal. Here’s the latest issue. I wonder what current events issue law students in Utah are going to write about… [The ScoffLaw]

* Ed Kilgore of the Progressive Policy Institute weighed in on how Chris Christie’s BridgeGate stemmed, in part, from his experiences as a prosecutor and cited our article on the subject in the process. [Washington Monthly]

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“Hey, kids! Just keep clicking the ‘Mommy’s Credit Card’ button!”

* The feds say that Apple has agreed to pay “at least $32.5 million in refunds” to people who didn’t realize their children were racking up huge bills in FarmVille and the like. It’s good to see parents won’t actually have to pay for their absentee parenting. [Washington Post]

* It’s a good day for successful — kinda rapey — pop songs, as the family of Marvin Gaye decided that they “Got to Give It Up” and settled with Sony over alleged copyright infringement by the Robin Thicke song, Blurred Lines. [Rolling Stone]

* Apparently the Florida Bar Association took a look at the state of the judicial system and decided to screw it and start selling baking utensils. Or it was hacked. But probably they just gave up. [IT-Lex]

* Tailgating at the Yale-Harvard game is way more dangerous than I’d realized — a clutch of Yale frat bros (what is the proper collective noun for Elis) have been sued over an incident where a U-Haul loaded down with kegs struck and killed one person. [Jezebel]

* A hearing was cut short in New Orleans when an inmate arrived from the prison high as a kite on illicit drugs he procured in custody. Way to run a tight ship, New Orleans. Maybe I shouldn’t be so hard on them. After all, they just got their “inmates unintentionally set free due to clerical oversight” statistic back down to zero. [New Orleans Times-Picayune]

* A rundown of high-profile cases that turned on expert witnesses. Good to see that everyone’s favorite “affluenza” made the list. [The Expert Institute]

* Cable news has really botched their coverage of Little Sisters. For example, if you think Obamacare requires religious institutions to offer coverage for contraception, then you’ve been duped. [Constitutional Accountability Center]

* To shake things up, let’s check out a defense of stop-and-frisk policies. If a society isn’t prepared to pay for police protection, it’s likely to find cops resorting to these sorts of short cuts. [Voice of San Diego]

* Musings on Staci’s recent piece on law firm client service and/or arrogance. [Law and More]

* A Little League coach is suing one of his players for $600,000. Something tells me a reboot of Bad News Bears would end exactly like this. Video of the story from local news channel KCRA embedded below…. [Deadspin]

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Polar Bear Son: Dad, are you sure I’m a polar bear?
Polar Bear Dad: Yes, son. Definitely.
Polar Bear Son: You’re sure I’m not a duck or a cat but a full bred polar bear?
Polar Bear Dad: Yes, of course. I’m a polar bear and your mom is a polar bear so you are a polar bear. Why are you asking?
Polar Bear Son: Because I’m f**king freezing.

It’s cold outside. No seriously, it’s unreasonable out there, don’t ya know. I hope most of you are working from the warmth of your own homes. I hope most of you are skipping class today. Seriously, there’s nothing that you are going to learn in class on January 7th that you can’t make up in non-frostbite conditions before the end of the semester.

Let me put it like this, prisoners would rather be in prison than be outside in this cold weather. I’m not making that up. A prison escapee just turned himself in because it was too freaking cold…

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Lawyers are willing to live with a realm of pure law. We are human. What I am beginning to realize is that there are a lot more flaws in the system… The fact is prosecutors and defense lawyers make mistakes. Prosecutors and defense lawyers are human.

Gerard H. Donley, a lawyer currently serving a six-year sentence after attempting to bribe a witness not to testify against his client, reflecting on his life in the law during a jailhouse interview.

This week the Supreme Court, via a one-line order by Justice Anthony Kennedy, dismissed an appeal in Brown v. Plata for want of jurisdiction. Thousands of law students enrolled in Fed Jur and Fed Courts classes this semester may argue that there’s nothing sexy about jurisdiction, even by law’s substantially reduced standards for “sexiness.” The dismissal of Plata, though, has some significant effects for millions of people.

In 2011, the Supreme Court ruled in a 5-4 opinion authored by Justice Kennedy that overcrowding in California prisons caused continuing violations of prisoners’ Eighth Amendment rights to adequate health care and that the overcrowding problem required a population limit. (Justice Scalia dissented, joined by Justice Thomas. Justice Alito also dissented, joined by the Chief.) As a result, California Governor Jerry Brown needed to drastically improve prison conditions or drastically reduce the state’s prison population by releasing inmates.

A flurry of state appeals and motions to change the original order ensued. Then, on September 24 of this year, a three-judge panel gave Brown until the end of January to meet its original order to remove more than 9,600 inmates from California prisons by the end of the year, absent successful negotiations with the plaintiffs. In an attempt to sufficiently improve prison conditions, Governor Brown negotiated a deal with legislators to spend $400 million on improvement of health care services to California prisoners, but he believed he needed more time in order to fully comply by the panel’s deadline. He filed an an appeal for a stay with SCOTUS….

double red triangle arrows Continue reading “The Consequences of Brown v. Plata Are Nothing to Dismiss: The California Prison Case Continues”

Dzhokhar Tsarnaev

* “We’re in uncharted territory right now.” The federal courts made it through the first week of the shutdown, but they’re approaching “here be dragons” land in terms of funding. [National Law Journal]

* “It would be the most interesting case in decades.” Legal experts debate whether President Obama can ignore the debt ceiling for much longer. [New York Times]

* People are getting out of Biglaw while the getting’s good. Reed Smith’s global managing partner is leaving the firm for a general counsel gig after 13 years at the helm. [WSJ Law Blog (sub. req.)]

* Law firm leaders met to discuss how to empower women attorneys, and agreed it’s wise to parade them around in front of clients. Getting to work on those clients’ cases is another question. [Blog of Legal Times]

* No debacles here, contrary to past precedent: Kasowitz Benson poached two superior legal minds from NBCUniversal and welcomed them to the firm to open an entertainment litigation practice. [Bloomberg]

* Dzhokhar Tsarnaev’s lawyers want their client’s prison restrictions to be lifted and are raising a slew of constitutional claims. We think the members of his fan club are the only ones feeling sorry for him. [CNN]

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