Sentencing Law

Sexorcise the demon!

* You don’t necessarily have to agree with what Chief Justice John Roberts did with respect to his health care opinion, but you’ve got to admit that it was an act of statesmanship that will forever define his legacy on the Court. [New York Times]

* CNN, one of the world’s most reliable news networks, reports that no many legal scholars were surprised unsurprised by yesterday’s Supreme Court decision to strike down uphold the Individual Broccoli Mandate Affordable Care Act. [CNN]

* Word to the wise: don’t get cocky over in the Eighth Circuit, because apparently boosting the length of a prison term based on whether or not a defendant is smiling at sentencing is not considered an abuse of discretion. [National Law Journal]

* Dewey know why the number of law firm mergers and acquisitions in the United States dropped during the second quarter? Truth be told, they’re all scared, because “[n]obody wants to wind up with a lemon.” [Thomson Reuters News & Insight]

* George Zimmerman, the man charged in Trayvon Martin’s death, is returning to court today to try to get himself released on bond… again. Let’s give him some credit, because he sure is tenacious. [ABC News]

* Listen, it’s not an easy thing to perform an exorcism these days. Sometimes a priest really just needs to kiss and caress the demon out of your body — a sexorcism, if you will. Nothing to sue over, nothing at all. [MSNBC]

Thursday the Supreme Court will sit for its final session of October Term 2011. The Court will issue opinions in all the cases pending before it. For example, the Court will let the American people know whether they ever have a right to lie.

The Court will also rule on the case that, according to a sign I saw earlier, presents the question of whether we need to “Get The Feds Out of Medicare.” I’m not sure about the details of that case though, because it hasn’t gotten much press attention (I only read the Bicycle Times).

Today, however, the Court issued two opinions in argued cases. The fun in the courtroom was not in the opinions, but in the dissents….

double red triangle arrows Continue reading “While We’re Waiting For Obamacare, It’s All About The Dissents”

This morning saw significant activity at the U.S. Supreme Court. Although we did not get a ruling in the health care reform case (aka Obamacare), SCOTUS did hand down a number of important opinions. Check back later today, when we expect to have color commentary from our Supreme Court correspondent, Matt Kaiser, who attended the proceedings in person.

In the meantime, here’s a quick and dirty summary of what transpired at One First Street this morning, including links to the underlying opinions. The most high-profile case was the Court’s decision on the controversial Arizona immigration law, but there were other major cases that were resolved today as well….

double red triangle arrows Continue reading “What Happened at the Supreme Court Today?”


Alas, no decision came out today in the health care reform case.

Frankly, I think the Justices are waiting to see how absurd the press coverage can get. The Washington Post has reported on two awesome ways to guess what the Court’s decision will be. First, use a stopwatch and a few mp3 files. If that doesn’t work, poll former SCOTUS clerks.

Both methods predict that Obamacare is going down.

The Post has not opined on a more reliable method to learn what the Court’s decision will be: chill out and wait for the Court to issue its decision next week. But they have pages to fill; one can forgive a bit of silliness.

The Court did, however, issue four opinions today, in some of the big cases on its docket.

What were they?

double red triangle arrows Continue reading “The Supreme Court Is Fair To Crack Dealers, Corporations Paying Fines, And Those Who Use Profanity, Less So To Unions”

Today Allen Stanford, the former knight turned convicted Ponzi schemer, learned his fate. He was just sentenced by Judge David Hittner (S.D. Tex.).

Did Stanford get a bigger sentence than Bernie Madoff? The prosecution sought a longer sentence — 230 years for Stanford, compared to the 150 years received by Madoff.

Find out the Stanford sentence, and comment, over at our sister site Dealbreaker.

A Biglaw firm gets screwed...

* Dewey have some novel issues for our bankruptcy lawyers, or what? As we noted last night, now that D&L has filed for Chapter 11, they’ll have to deal with bank debt, and bondholders, and possible criminal proceedings, oh my! [New York Law Journal]

* And did we mention that Dewey’s defectors and their new firms might get screwed out of millions thanks to the recent Coudert decision? You really should’ve tried to finish up your business before the firm flopped. [WSJ Law Blog]

* Our SCOTUS justices’ summer plans don’t include debating the results of their landmark health care and immigration cases. They’ll be off to fabulous destinations to teach by the first week of July. [Associated Press]

* A federal judge in Brooklyn doesn’t like what seems to be happening in the “game of grams” when it comes to mandatory minimum drug sentencing. Perhaps the DOJ will heed his call for reform. [New York Times]

* Facebook’s IPO was an epic fail, but it’s been great business for plaintiffs lawyers. Twelve securities class action firms are gathering leads and getting ready to sue, and two have already sued. [National Law Journal]

* This wasn’t exactly well planned: if you’re involved in state politics, it’s probably not a good idea to fake a legal internship with a state representative so that you can graduate from law school. [Concord Monitor]

* In happier news, a New York Law School graduate walked across the stage to receive her diploma with the help of her seeing-eye dog. The pooch hasn’t lifted a leg on her law degree… yet. [New York Daily News]

... and so do folks down under.

* “Brothels are never going to be a vote winner.” But even so, if you’re looking to get it in down under, a plan to build Australia’s largest cathouse may soon gain approval if lawyers are able to do their work quick and dirty. [Bloomberg]

* Thanks to this case, stupid teenagers in New Jersey who send texts to others that they know are driving can now revel in the fact that they can’t be held liable for injuries that may occur thanks to careless driving. [New Jersey Law Journal]

Today is the sentencing hearing for Dharun Ravi in the Tyler Clementi case. Ravi has been convicted of invasion of privacy and bias intimidation.

Prosecutors in the case have been asking Superior Court Judge Glenn Berman to sentence Ravi to prison time. And of course there are a bunch of other people who want Ravi to pay the stiffest possible penalty.

I’ve been listening to the hearing all day. Let’s take a look at what happened…

Various UPDATES have been added after the jump. Refresh this post for the latest.

double red triangle arrows Continue reading “Dharun Ravi Sentenced”

The lethal injection room at San Quentin State Prison.

Debating the death penalty never gets old in the United States. Sometimes it cools off for a while, but if you wait long enough it always bubbles up again. These days it’s getting hot out here on the West Coast, where a ballot initiative aims to roll back the state’s death penalty and replace it with life without parole. The initiative would replace Proposition 7, passed in 1978, which made California’s death penalty law “among the toughest and most far-reaching in the country.”

At the center of the debate are two men — one of them a former prosecutor from New York — who helped pass the death penalty bill in California 30 years ago. Now they have completely changed their tune. What prompted this change of heart?

double red triangle arrows Continue reading “Debating the Death Penalty — From Both Sides Now”

* While “Dewey remains a great firm with terrific lawyers” for the time being, check back in after five percent of the firm’s attorneys have been laid off. Then tell us how great and terrific things are, we dare you. [DealBook / New York Times]

* The University of St. Thomas School of Law really “take[s] data accuracy very seriously.” That’s why the employed at graduation rate the school reported to U.S. News was off by 47.7 percentage points, right? [National Law Journal]

* John Edwards has a judge’s permission to use Rielle Hunter’s lawyers at his campaign finance trial. Mmm, there’s nothing like getting some legal sloppy seconds from your former mistress. [Bloomberg]

* After two days of deliberations, jurors in the Dharun Ravi privacy trial still haven’t reached a verdict. Just think, if he had taken the plea, he wouldn’t be worrying as much about deportation right now. [New York Post]

* If Hemy Neuman’s delusions about Olivia Newton-John were about getting physical, instead of getting murderous, maybe he wouldn’t have been sentenced to life in prison without the possibility of parole. [CNN]

* It’s the most wonderful time of the year: March Madness! Are NCAA bracket pools legal in your office? It depends. Either way, all I know is that I’ll be betting on Lehigh. Go Mountain Hawks! [Businessweek]

* Chris Christie, you’re making me ashamed to be a Jersey girl. Please allow our state be known for something besides the disgrace that is the Jersey Shore. Just sign the damn bill. [New York Times]

* A Biglaw firm that’s got some Seoul: Clifford Chance is the first firm from the United Kingdom — and the first foreign firm — to file a formal application to open an office in South Korea. [American Lawyer]

* Holland & Knight scored a half-million dollar contract to negotiate a deal for a new Massachusetts casino. Instead of giving out spring bonuses, the firm threw a big party to celebrate. [Boston Herald]

* “I am convinced that [he] was given an intentionally defective bomb . . . to stage a false terrorist attack.” This is what a Cooley Law grad said during the Underwear Bomber’s sentencing hearing. Figures. [ABC News]

* 32 law schools provided Law School Transparency with their NALP reports for the class of 2010. Remember when just one school was willing to provide data, and then reneged? [Thomson Reuters News & Insight]

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