Sentencing Law

  • prison prisoner jail convicted criminal

    Crime, Federal Judges, Sentencing Law

    Qui Tam: District Court

    What is it like to attend a sentencing in federal court?

    2 Comments / / Jul 22, 2014 at 2:18 PM
  • Lindsay Lohan

    Biglaw, Celebrities, Drinking, DUI / DWI, Law Schools, Layoffs, Morning Docket, Murder, Prisons, SCOTUS, Sentencing Law, Staff Layoffs, Supreme Court, Tax Law

    Morning Docket: 04.16.14

    * Noah “Kai” Newkirk, the protestor who disrupted Supreme Court arguments in February, was sentenced to time served and barred from the court. Don’t worry, we’ll get you all the SCOTUS clerk news you need, cutie. [Associated Press]

    * “There are still a lot of firms out there hoping the good old days are going to return, and are finally coming to the realization that that isn’t going to happen.” More on Biglaw layoffs. [Am Law Daily]

    * Yet another law school gets its rating downgraded by Moody’s. As a standalone school with “substantial declines in JD enrollment,” Vermont Law’s outlook is now negative. Sad trombone. [Moody’s]

    * Jason Bohn, the heavily indebted law school grad once profiled by the New York Times, was convicted of murdering his girlfriend last month, and now he’s been sentenced to serve life in prison. [New York Post]

    * “Is the Tax Code really 70,000 pages long?” No, not really. We wonder who started the rumor that it was so long, because in reality, it’s only about 2,600 pages long — which is still way, way too long. [Slate]

    * It appears that the apple doesn’t fall too far from the tree with this celebrity family. Lindsay Lohan’s mother, Dina Lohan, pleaded guilty yesterday to drunken driving and speeding charges in New York. [CNN]

    2 Comments / / Apr 16, 2014 at 9:15 AM
  • Robert Richards IV

  • Jordan Graham and Cody Johnson

    American Bar Association / ABA, Biglaw, Dewey & LeBoeuf, Job Searches, Law Professors, Law School Deans, Law Schools, Money, Morning Docket, Murder, Sentencing Law, Student Loans

    Morning Docket: 03.28.14

    * Scared of an audit, were we? With the unsealing of the case against Dewey’s former finance director comes greater insight into what was really going on behind the scenes at the failed firm. [DealBook / New York Times]

    * The American Bar Association is willing pay up to $15,000 to organizations that match unemployed law grads with jobs to serve the legal needs of the poor. So, how much do the poor law grads get paid? [National Law Journal]

    * Tenure may be “under fire,” but law professors are fighting back — and hard — because law school deans seem unwilling to speak up on their behalf. Let’s face facts though, tenure isn’t going anywhere. [Forbes]

    * It figures one of the faces of America’s $1 trillion of outstanding student loan debt is a lawyer. Hey, heavily indebted lawyers make great headlines and even better first paragraphs. [Big Story / Associated Press]

    * Jordan Graham, the newlywed who pushed her husband of eight days off a cliff, was sentenced to serve 30 years in prison. Protip: an annulment would’ve been a better option than second-degree murder. [CNN]

    4 Comments / / Mar 28, 2014 at 9:01 AM
  • Kevin Trudeau

    Bankruptcy, Food, Habeas Corpus, Labor / Employment, Non-Sequiturs, Partner Issues, Patents, Romance and Dating, Sentencing Law

    Non-Sequiturs: 03.18.14

    * “How many years would you put a TV pitchman in jail? 3 years? 5 years? Don’t answer yet…” [Sentencing Law and Policy]

    * So there’s a sex tape of Chris Christie. Except it isn’t him. They should have known Christie could never be a porn star. You can’t get far in the porn biz by saying, “This lane is closed.” [Gawker]

    * Dolt Duped By Date Sues OKCupid. [NY Post]

    * Patents are a terrible measure of innovation. Hold on, I defy you to besmirch the Anti-Drowning Hat. [Concurring Opinions]

    * Wage theft in fast food shouldn’t come as a surprise, but the role played by the franchise model in creating labor law violations is intriguing. [Lawyers, Guns & Money]

    * A gathering of business development tips, including shout outs to Anonymous Partner and Mark Herrmann. [Corporette]

    * What better qualification to challenge for the Vegas DA’s job than to be prosecuted by that office days before the election? [Las Vegas Law Blog]

    * A Baltimore lawyer aggressively used the habeas process to release mentally ill girls to serve as personal slaves to the wealthy. [Slate]

    * Weil’s Business Finance & Restructuring team is putting together a March Madness bracket based on quotes from bankruptcy decisions. Let the excitement wash over you. Having not seen the bracket yet, I’m reserving judgment on what an awesome array of bankruptcy quotes would look like. [Bankruptcy Blog]

    * Kevin O’Keefe, who presented on my panel at our Attorney@Blog conference, left all of us touched with his tribute to Above the Law. [Real Lawyers Have Blogs]

    1 Comment / / Mar 18, 2014 at 5:17 PM
  • Taron_vl_18_1_gd

    Election Law, Gay, Health Care / Medicine, Law School Deans, Law Schools, Legal Ethics, New Jersey, Non-Sequiturs, Partner Issues, Politics, Prisons, Racism, Sentencing Law, Sexism

    Non-Sequiturs: 03.05.14

    * 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]

    4 Comments / / Mar 5, 2014 at 5:35 PM
  • 800px-SQ_Lethal_Injection_Room

    8th Circuit, Death Penalty, Deaths, Federal Judges, Quote of the Day, SCOTUS, Sentencing Law, Supreme Court

    Wheels Of Justice Move Too Slowly For State That’s Really Excited To Kill Prisoners

    Which state has been executing prisoners before courts have finished reviewing their appeals?

    15 Comments / / Jan 31, 2014 at 3:29 PM
  • "Try and make it look painful, we've got a bloodthirsty audience here!"

    Basketball, Death Penalty, Election Law, Eric Holder, Non-Sequiturs, Patents, Sentencing Law

    Non-Sequiturs: 01.29.14

    * Allegations that a prison told a death row inmate to “put on a show” while getting a lethal injection. Just when you thought the death penalty couldn’t manifest itself as more cruel and unusual… [NBC News]

    * A discussion of how early voting is bad. Apparently, after an electoral dialogue that usually lasts a year or more, we’re all lemmings swayed by the events of the last day of campaigning so there’s no justification for allowing voters to show up three days before the finish line. [Volokh Conspiracy / Washington Post]

    * Kentucky legend Richie Farmer’s basketball jersey may be retired, but the Bureau of Prisons decided to give Farmer, now a political figure heading to prison for abusing his office, his old number back as an inmate number. Thanks? [Legal Juice]

    * In last night’s State of the Union address, President Obama came out strong for patent law reform. Exactly the issue he needed to rally voters for the midterms! [Patently-O]

    * And while it didn’t make the address itself, Attorney General Eric Holder is signaling a new administrative interest in reforming the out of whack sentencing laws. [Sentencing Law and Policy]

    * On February 12, our own David Lat will be speaking at Georgetown at an ABA Journal sponsored talk on “#21stCenturyLaw.” Let’s see that hash tag start trending. [ABA Journal]

    * Joshua Gilliland of The Legal Geeks reacts to the revelation that the new costuming for next season’s Doctor Who will ditch Gilliland’s beloved bow tie. Our hearts go out to you in your pain. Video embedded below… [The Legal Geeks]

    2 Comments / / Jan 29, 2014 at 5:58 PM
  • Conjugal Visit RF

    Crime, Sentencing Law

    Conjugal Visits Are Almost A Thing Of The Past

    Did you know that conjugal visits might be really useful to society?

    33 Comments / / Jan 13, 2014 at 2:11 PM
  • bart simpson RF

    Crime, Quote of the Day, Sentencing Law, State Judges, Violence

    This Sentence Probably Should’ve Included A Spanking

    A sentence that sounds like it could come from Bart Simpson’s future.

    4 Comments / / Dec 24, 2013 at 1:01 PM
  • Teen driver RF

    Cars, Crime, Drinking, DUI / DWI, Kids, Sentencing Law, White People

    In Defense Of The Rich White Boy Who Killed Four People And Got Away With It

    Instead of blaming the kid for killing four people, can we figure out a way to blame the parents?

    75 Comments / / Dec 12, 2013 at 5:47 PM
  • iStock_000010223467XSmall-RF

    Department of Justice, Sentencing Law, U.S. Attorneys Offices, White-Collar Crime

    Putting People In Prison To Get To The Cool Kids’ Table

    Cramming more people into prison should not be a badge of honor for an agency.

    18 Comments / / Dec 12, 2013 at 11:22 AM
  • Spoiled_brat_selfish_parent_child_beg_thumb

    China, Law Professors, Law Schools, Non-Sequiturs, Sentencing Law, Trademarks, United Kingdom / Great Britain

    Non-Sequiturs: 12.11.13

    * Beware of “affluenza” — the condition where rich kids believe that their wealth shields them from consequences. One kid with affluenza was convicted of four counts of manslaughter and got… probation. Great way to teach him that there are consequences. I don’t doubt being a hyper-privileged douche contributed to his criminal behavior, but let’s see if the judge is equally lenient to the next kid in this courtroom who argues that poverty contributed to his crimes. [Gawker]

    * In America people complain about law reviews sharing outlines for free. In the U.K., they’re selling notes on eBay. If you’re buying notes off the Internet, perhaps law school isn’t your bag. [Legal Cheek]

    * Do Twitter mentions reflect the scholarly significance of a professor’s articles? No. [TaxProf Blog]

    * Here’s some terrifying stuff that lawyers want for Christmas. It’s not quite our gift guide. [The Spark File]

    * The word “spin” is apparently trademarked. This is the company that did it and enforces its trademark against gyms with uncertified spin classes. [Racked]

    * Law school applications are in free fall. Too bad all these people are going to miss out on that sweet $1 million law degree. [Lawyers, Guns & Money]

    * Mental health remains a seriously undiscussed problem in the legal industry. [Law and More]

    * TSA now confiscating prop guns off stuffed animals. [Lowering the Bar]

    * A Chinese law professor lost his job for writing an article advocating constitutional rule. If you think this is a harsh response, remember this government used to throw tanks at people over less. [Washington Post]

    * Speaking of China, next month the CBLA is hosting a panel discussion about the expanded use of the FCPA, specifically with regard to China. [CBLA]

    4 Comments / / Dec 11, 2013 at 6:04 PM
  • iStock_000001026615XSmall

    Free Speech, Legal Ethics, Marijuana, Non-Sequiturs, Religion, Sentencing Law

    Non-Sequiturs: 11.04.13

    * The NSA protests that its spying on foreign leaders was entirely legal. In defense of the NSA, this latest uproar seems misplaced. Warrantless spying on Americans is illegal, but spying on foreign governments is kind of the whole point of the NSA. [Associated Press]

    * Judge James Bredar has laid out his thoughts on how sentencing judges should deal with the changing legal landscape surrounding marijuana. This is important because those dumb Guidelines still recommend an enhancement for taking One Toke Over the Line. [Sentencing Law & Policy]

    * Should a plagiarizing journalist be allowed to join the ranks of licensed attorneys? Con: his crime suggests low moral character. Pro: He’s going to be a master of boilerplate. [Juice, Justice & Corgis]

    * Jones Day is representing pro bono a number of Catholic institutions ticked off that they might have to buy insurance that their workers might, at some point, maybe use to buy birth control pills. It’s a tremendous intrusion upon religious liberty that Catholic institutions routinely did before they decided to make a political spectacle out of it. [The National Law Journal]

    * A speech to Harvard Law alums about the slow death of free speech at Harvard. By “slow death of free speech” he details how a private, non-governmental institution decided not to tolerate jackassery, but whatever. [Minding the Campus via The Volokh Conspiracy]

    * It’s still several months until the ATL Law Revue competition. So to keep you entertained until then, check out this parody of Lorde’s Royals performed by some law students. It looks like the same geniuses from Auckland Law School behind the Blurred Lines parody. Do the Kiwis have time to do actual law school stuff? Video embedded after the jump… [Legal Cheek]

    4 Comments / / Nov 4, 2013 at 5:01 PM
  • junk crotch jeans RF

    2nd Circuit, Barrington Parker, Crime, Guido Calabresi, Pornography, Sentencing Law, Sex, Technology

    Second Circuit To Feds: Don’t Touch His Junk

    What exactly is “penile plethysmography”? A violation of substantive due process, according to the Second Circuit.

    7 Comments / / Oct 4, 2013 at 3:29 PM
  • Shon Hopwood

    Bankruptcy, Biglaw, Clerkships, D.C. Circuit, Divorce Train Wrecks, Federal Judges, Howrey LLP, Law Schools, Morning Docket, Sentencing Law, Technology

    Morning Docket: 09.06.13

    * Thanks to the Electronic Frontier Foundation, the Department of Justice will be declassifying some secret opinions from the FISA Court. We wonder who’ll be hosting the giant redaction party. [Associated Press]

    * Morgan Lewis paid out a $1.15 million settlement over unfinished business claims to this defunct firm. Great work, Mr. Diamond, but Howrey going to get the rest to do the same? [Am Law Daily (sub. req.)]

    * “[Shon] Hopwood proves that my sentencing instincts suck.” Now that this former bank robber has a clerkship with the D.C. Circuit, the judge who sentenced him is having second thoughts. [The Two-Way / NPR]

    * Laptops are useful tools for students in law school classrooms, but they’re also great for checking Above the Law and buying shoes while professors are droning on and on. Apparently we needed a study to confirm this. [National Law Journal (sub. req.)]

    * George Zimmerman’s wife filed for divorce, citing “disappointment” as one of her reasons for ending the marriage. Don’t worry, Shellie, half of the nation was disappointed with the verdict too. [Washington Post]

    3 Comments / / Sep 6, 2013 at 9:09 AM
  • mini graduation cap on money

    2nd Circuit, Attorney Misconduct, Crime, Deaths, Law Schools, Legal Ethics, Money, Morning Docket, SCOTUS, Sentencing Law, Student Loans, Supreme Court, William and Mary School of Law

    Morning Docket: 09.05.13

    * “The situation is an absolute mess.” Last summer’s SCOTUS decision on mandatory life-without-parole sentences for juvenile offenders has created a “legal limbo” for inmates. We hope they find suitable dance partners. [Wall Street Journal (sub. req.)]

    * Even after you retire, you apparently still have to deal with the Cebullsh*t from your life on the bench. Former Chief District Judge Richard Cebull’s misconduct review is likely heading to Administrative Office of the U.S. Courts. [Great Falls Tribune]

    * Woe unto them that call unpaid work fair: the Second Circuit quickly granted Fox Searchlight an appeal in the Black Swan unpaid intern case in the hope of offering some “much-needed guidance.” [Deadline]

    * Which private law schools offer students the best value? Some unlikely contenders are named on this list, and some T14 schools even make appearances. We’ll have more on this later today. [National Jurist]

    * GW wasn’t the only school that grew the size of its entering class (although it was the largest increase). William & Mary and Missouri saw big gains, too. Yay, more lawyers! [National Law Journal (sub. req.)]

    * If you’re considering applying to law school, think about schools that have lowered their standards and are offering scholarship money like candy. Otherwise, here are some helpful hints. [Huffington Post]

    * Henry Putzel Jr., former reporter of decisions at the Supreme Court, RIP. [Washington Post]

    6 Comments / / Sep 5, 2013 at 9:02 AM
  • National_Football_League_2008.svg

    Baseball, Cardozo Law School, Drinking, Football, Gay, Gay Marriage, Non-Sequiturs, Pornography, Sentencing Law, Sports

    Non-Sequiturs: 08.29.13

    * The NFL has reached a $765 million settlement with the over 4,500 retired concussion victims whose injuries paved the way for the league’s success. [Sports Illustrated]

    * Dennis Rodman confidante Kim Jong-un had his ex-girlfriend executed on pornography charges. Kind of puts the whole “revenge porn” thing in perspective. [The Telegraph]

    * A lawsuit against Curt Schilling, based on allegations that he deceived the state into giving his company $75 million, will go forward. Like most conservative Republicans, Schilling saw no problem with taking millions in handouts from the government so long as poor people don’t get $4.50 a day for food. [Comcast SportsNet]

    * Judge Mark Bennett (N.D. Iowa) ripped the Department of Justice for creating massive drug sentencing disparities because the DOJ went years without a policy for when prosecutors should double the prison time for repeat offenders. In Northern Iowa, that’s a LOT of meth heads in prison. [Des Moines Register]

    * Attorneys for the Governor of Pennsylvania equate gay marriage to letting 12-year-olds marry. Just because a demographic calls everything “gay” doesn’t make them gay. [ABA Journal]

    * Study shows academics use lots of adjectives and adverbs. This is really a very terrific and awesome study. [TaxProf Blog]

    * Polygraphs are inadmissible, but remember invisible jets are A-OK. [Texts from Superheroes]

    * REMINDER: OK NYU, Columbia, Fordham, Cardozo, and NYLS students! It’s time to send nominations to us for where you want us to go on the Great Above the Law/Kaplan Bar Review Bar Crawl. Send bar nominations to, subject: “Bar Crawl.” See you on September 18th! [Above the Law]

    1 Comment / / Aug 29, 2013 at 5:01 PM