Shira Scheindlin
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Federal Government, Shira Scheindlin
Judge Shira Scheindlin Is Stepping Down
After 22 years, this federal judge is calling it quits. -
5th Circuit, Abortion, Antonin Scalia, Ruth Bader Ginsburg, Shira Scheindlin, Supreme Court
Stop Your Freakout -- Justice Ginsburg Absolutely Shouldn't Recuse Herself
Conservatives are up in arms because Justice Ginsburg talked about abortion. They need to chill out. - Sponsored
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Antonin Scalia, Blog Wars, Blogging, Federal Judges, Jed Rakoff, Legal Ethics, Richard Posner, SCOTUS, Shira Scheindlin, Supreme Court, Thomas Goldstein
Are Federal Judges Out Of Control?
A federal judge lands in hot water for telling the Supreme Court to "stfu." It's just part of a growing trend of criticizing federal judges for having opinions.
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2nd Circuit, ACLU, California, Constitutional Law, Divorce Train Wrecks, Facebook, Federal Judges, Gay Marriage, Immigration, Morning Docket, Police, Privacy, Shira Scheindlin, Social Networking Websites, Utah
Morning Docket: 01.03.14
* Now that a federal judge has ruled against the NSA’s domestic spying program, maybe government prosecutors will cut Edward Snowden some slack — or maybe haha, yeah right. [WSJ Law Blog]
* On that note, the ACLU is appealing the other federal ruling that says the agency’s activities are constitutional. The NSA will let you know what the Second Circuit’s decision is this spring. [Guardian]
* Alas, Judge Shira Scheindlin knew from the get-go that her stop-and-frisk ruling would be contested, and she even warned the lawyers involved that they ought to consider a jury. [New York Times]
* “How do you say, ‘I’m married, but not really? I’m divorced, but not really?’” Thanks to Utah’s same-sex marriage ruling, unhappy gay couples who married in other states are rejoicing over the fact that they can finally get divorced. [Deseret News]
* Facebook, a social network that constantly changes its privacy settings to make your life less private, is being sued over its alleged interception and sharing of messages with advertisers. Shocking. [Bloomberg]
* It goes without saying that Sergio Garcia is having a happy new year. The California Supreme Court ruled that the undocumented immigrant will be able to legally practice law in the state. ¡Felicitaciones! [CNN]
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Barack Obama, Constitutional Law, Department of Justice, Election Law, Federal Government, Federal Judges, Health Care / Medicine, Law Schools, Morning Docket, S.D.N.Y., SCOTUS, Shira Scheindlin, Sonia Sotomayor, Supreme Court
Morning Docket: 12.24.13
* People have “greatly underestimated how powerful a jurist Justice Sotomayor would be,” and now that one of her concurrences flies directly in the face of Obama’s NSA tactics, we’ll get to see how powerful she really is. [MSNBC]
* Here’s a fun end-of-the-year roundup: President Obama’s Top 10 Constitutional Violations of 2013. Fifty internet points shall be awarded to the first person who correctly guesses how many are related to Obamacare without looking. [Forbes]
* Following Judge Shira Scheindlin’s stop-and-frisk spanking, the Southern District of New York changed its rules on case assignments in order to increase transparency. Related-case judge-shopping just got a whole lot harder. [New York Times]
* Wiley Rein is defending its fee request in the Voting Rights Act case, and says the Department of Justice is “[tying] itself in knots” trying to find a way to get out of paying the piper. Harsh. [Blog of Legal Times]
* These are four ways you can overcome a low GPA when applying to law school, but really, the best way to overcome a low GPA is to not apply at all. [Law Admissions Lowdown / U.S. News & World Report]
* “I am not trying to bring down the NSA, I am working to improve the NSA.” Now that he’s unleashed all of America’s deep dark secrets, Edward Snowden just wants to Google like a regular guy. [Washington Post]
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2nd Circuit, Football, Non-Sequiturs, Rape, Shira Scheindlin, Supreme Court
Non-Sequiturs: 12.05.13
* Florida State QB Jameis Winston was not charged with sexual assault after a nearly year-long investigation (well, it happened a year ago… it sounds like no one did much investigating at that time). What comes next? I mean aside from FSU demolishing their next two opponents. [Sports Illustrated] * Sadly, former South African president and civil rights leader Nelson Mandela has passed away. University of Maryland Law School, go ahead and let the world know... [CNN] * America’s probably unstable, definitely troubled sweetheart Amanda Bynes is coming closer and closer to a plea deal over her infamous bong toss. [New York Post] * A lawyer-turned-candidate provides the optimist's guide to running for office. For the pessimist's guide see John McCain's, "Jesus, I Picked Who?" [Huffington Post] * Next week, the Court will hear argument on EPA v. EME Homer City Generation. This is why you should care. [Constitutional Accountability Center] * People are super mad about the NYPD’s new “Stop and Kiss” program. The program only exists in The Onion, but that doesn’t stop most people from making unsolicited, snap decisions that no one asked them to make. At press, the Second Circuit had already preemptively barred Judge Shira Scheindlin from hearing any case on the fictional program. [Gawker] * Speaking of the NYPD, Mayor-Elect Bill De Blasio, who ran on a platform of reforming the NYPD, has named a new police commissioner and selected… one of Giuliani’s old police commissioners. Way to go, champ! Seriously, there are law enforcement professionals out there capable of running the NYPD beyond the last couple guys who ran it. This is like buying a marquee NFL team and saying, “I hear Norv Turner is available.” [Salon] * Professor David E. Bernstein contributed an essay on the Lochner decision to the new book Toward an American Conservatism: Constitutional Conservatism during the Progressive Era (affiliate link). [The Volokh Conspiracy] * An interview with this Yale Law beatboxer. Did we mention he’s a bald Jewish kid? Well, he is. [JTA] * David and Elie talked to Bloomberg about bonuses. Video embedded after the jump… -
2nd Circuit, Fashion, Jury Duty, Law Schools, Non-Sequiturs, Sexual Harassment, Shira Scheindlin, Student Loans, Technology
Non-Sequiturs: 11.26.13
* Santa Claus arrested for sexually harassing an 18-year-old elfette. She started getting suspicious when he kept looking at her and proclaiming “Here Cums Santa Claus.” [The Smoking Gun] * Atlanta jury questionnaire lists “slave” as an occupational option. There’s a lot of outrage, but they were just covering their bases — a potential could have just moved there from Mississippi. [11 Alive] * Speaking of juries, a long-time prosecutor ends up on a jury and sums up the 10 things he learned from his jury experience. [Texas Evidence] * The Second Circuit’s decision to remove Judge Scheindlin from the stop-and-frisk case was bad enough — especially since it was an unprecedented overreach for a circuit panel when no one requested her removal — but its true cost is in chilling justice down the road, when judges start to look over their shoulders for fear that an activist appellate panel is out to get them. [WiseLawNY] * Interesting question: what do you wear under a 3/4-sleeved blazer? I’d wear a T-shirt that says, “I give 3/4 of a damn today,” but most lawyers would disagree. [Corporette] * Apple hired CPA Julie Davis as a damages expert in its case against Samsung. Whatever she was paid, it wasn’t enough — the jury singled out Davis as the reason they awarded Apple $290 million. [The Expert Institute] * Remember when we talked about how much the government profits off your law school debt? Well, the totals are in, and the government pulled down $41.3 billion off you this year. [USA Today] * In the spirit of funny flowcharts, here’s a decision tree to help make that decision about going to law school. Image after the jump… This came to us courtesy of a 2L at a T14 law school who asked to remain anonymous (click for a larger version of the image): -
9th Circuit, Alex Kozinski, Benchslaps, Facebook, Fashion, Law Schools, LSAT, Non-Sequiturs, Shira Scheindlin
Non-Sequiturs: 11.13.13
* I’ve never heard of a “copyist.” Apparently it’s what you call people who “steal” intellectual property that isn’t actually protected. I’d care, but I’m too busy trying to figure out how The Onion would write this blurb. [You Thought We Wouldn't Notice] * And now time for your annoying “why do LAWYERS get money instead of PLAINTIFFS??????” post: The Stop-and-Frisk edition. While I wait for some of you to get off the turnip truck, I’ll note that I don’t begrudge the lawyers who helped bring to light the horrible NYPD tactics one cent. [New York Observer] * Tom Cruise’s lawyer almost got Tom Cruise’s ass beat down by Mark Wahlberg’s fists. [Gawker] * IED explodes in a district attorney’s office in Oregon. No one was injured. So jokes about Stanford blowing up Oregon’s BCS title chances remain totally appropriate and cool. [ABA Journal] * Every year, people ask if the February LSAT is “too late” if you want to start law school the next fall. And every year, I want to say “How in the f*** can you not get your s*** together to take the LSAT earlier, but just have to start attending law school as soon as possible?” [LawSchooli.com] * Will the Ninth Circuit follow up its oral benchslap with a written one? One professor doubts it. [Volokh Conspiracy] - Sponsored
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2nd Circuit, Billable Hours, Non-Sequiturs, Privacy, Ruth Bader Ginsburg, Shira Scheindlin, Supreme Court
Non-Sequiturs: 11.07.13
* The trial of a Utah doctor accused of murdering his wife-to-be with a mistress 20 years his junior has kicked off a battle of medical experts trying to guide the jury through the competing theories about the cause of death. See, this was all easier when you could just introduce a new sister wife into the equation. [The Expert Institute] * Is it acceptable to interrupt Justice Ginsburg’s dinner to show her something on your phone? [Slate (second item)] * Case against Iowa law school for barring a student training a service dog will go forward. They should have just been happy it wasn’t a llama. [Des Moines Register] * This week in clever footnoting: citing The Chairman of the Board in Footnote 2 (page 17). [U.S. Court of Appeals for the Second Circuit] * Professor Eric Posner reviews Professor Rahul Sagar’s new book, Secrets and Leaks (affiliate link), which posits that people may be overreacting when they call for tearing down the NSA. [The New Republic] * Jay Edelson and his associate Chandler Givens explain why the billable hour is the first thing that must go. Don’t they mean “Reason Number 1″ to reform the legal profession? [Reuters Legal Solutions] * Judge Scheindlin is lawyering up, and Bloomberg looks at the various legal experts — including our own David Lat — who have spoken out about the case. Video embedded after the jump… [Bloomberg Law via You Tube] -
2nd Circuit, Antitrust, Antonin Scalia, Biglaw, Department of Justice, Drugs, Federal Judges, Labor / Employment, Morning Docket, Politics, Religion, SCOTUS, Shira Scheindlin, Supreme Court, Trials
Morning Docket: 11.07.13
* “What about devil worshippers?” Justice Scalia may think Satan’s gotten “wilier,” but that doesn’t mean his supporters don’t deserve religious representation in their public meetings. [WSJ Law Blog]
* Speaker of the House John Boehner says that if the Employment Non-Discrimination Act passes, tons of lawsuits will be filed — except that hasn’t happened in states with similar laws. Oopsie… [Reuters]
* Judge Shira Scheindlin isn’t going to just sit there and allow herself to be kicked off the stop and frisk case. In a rare move, she asked the Second Circuit to reverse its ruling and reinstate her. Go girl! [Reuters]
* Quinn Emanuel is welcoming a frequent firm-hopper (from Sidley to Clifford Chance to Cleary Gottlieb) into its ranks in D.C. to join Weil defectors Mike Lyle and Eric Lyttle. Best of luck! [Am Law Daily]
* Gibson Dunn scooped up Scott Hammond, a longtime leaders of the Department of Justice’s Antitrust Division. Query just how large the dangling carrot at the end of the firm’s stick was. [Blog of Legal Times]
* Till death or criminal charges do we part: troubled lawyer Kent Easter claims he didn’t have the backbone to stand up to his wife. He blames the entire drug-planting scandal on her. [L.A. Now / Los Angeles Times]
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2nd Circuit, Federal Judges, Quote of the Day, Shira Scheindlin
Ouch! So What Does That Make Magistrate Judges?
A federal district judge offers his thoughts on judicial hierarchy -- and criticizes the Second Circuit. -
2nd Circuit, 7th Circuit, American Bar Association / ABA, Biglaw, Drugs, Federal Judges, Gay, Health Care / Medicine, Job Searches, Marijuana, Morning Docket, Richard Posner, Shira Scheindlin, Unemployment
Morning Docket: 11.04.13
* Judge Richard Posner is the latest judge to have admitted to making a possible error (which he later endlessly recanted), but hey, if he was wrong, at least he was wrong in a “responsible, informed, and fair-minded way.” [National Law Journal]
* After being unceremoniously tossed off New York’s stop and frisk case by the Second Circuit for her supposed “partiality,” Judge Shira Scheindlin has been replaced by Judge Analisa Torres. Best of luck — you might need it. [New York Law Journal]
* Will Judge Scheindlin’s removal have a chilling effect on judicial speech? Lat thinks it would cause judges to “hide underneath their robes” even more than they already do. [Room for Debate / New York Times]
* The Biglaw gay gross-up marches on: it’s funny that the most conservative industry is outpacing others in terms of progressive benefits for LGBT employees and families. [Capital Business / Washington Post]
* “The U.S. is facing a paradox surrounding access to justice,” says ABA President James Silkenat, who is trying to kill two birds with one stone by pairing unemployed lawyers with poor clients. [Am Law Daily]
* Bernie Goetz (aka the New York subway vigilante) was arrested on pot charges after allegedly offering to get an undercover cop high. We’ve got a feeling his new nickname will be “Burnie.” [New York Daily News]
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2nd Circuit, Fashion, Intellectual Property, Loyola Law School, Non-Sequiturs, Ruth Bader Ginsburg, SCOTUS, Shira Scheindlin, Supreme Court, Trademarks
Non-Sequiturs: 11.01.13
* In 1967, Hunter S. Thompson explored the wild and crazy world of the Hell’s Angels. In 2008, FX premiered Sons of Anarchy. In 2013, the Hell’s Angels are filing intellectual property suits. Hard. F**king. Core. [Houston Chronicle] * Who’s your favorite Disney princess? I’d say RBG. [Women You Should Know] * Some folks are scared that recent FERC settlements are too aggressive and could “unravel the entire power market.” That’s either hyperbole or the scariest thing in the universe ever. [Breaking Energy] Loyola Law School started a fashion law program to serve this burgeoning industry. Pretty interesting stuff. And if you want to meet Staci Riordan, the woman responsible for setting up this program, join our Staci Zaretsky in L.A. on November 12, when she hosts a panel of fashion law experts including Riordan . It’s dueling Stacis! [Fashionista] * The discriminating woman’s guide to buying pearls. I figured y’all just pulled identical necklaces out of a drawer like Marge Simpson. [Corporette] * In cases of sex abuse, the expert witness is incredibly important. [The Expert Institute] * Here’s a look at what may be next for Judge Scheindlin, who gave interviews revealing her bias because she said stuff like the government is not entitled to deference and should be forced to make its case. Oh my God, IMPEACH!!! [Ramblings on Appeal] * Speaking of Judge Scheindlin, Elie was on HuffPo Live today discussing the ruling. Video embedded after the jump (around 11:08)….
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2nd Circuit, Arthur Miller, Copyright, D.C. Circuit, Joe Biden, Non-Sequiturs, Politics, Shira Scheindlin, Supreme Court
Non-Sequiturs: 10.31.13
* The Second Circuit has remanded the New York Stop and Frisk decision, demanding that a new judge hear the case. Among the reasons: that Judge Shira Scheindlin gave “media interviews and public statements purporting to respond publicly to criticism of the District Court.” So basically, act like a contemptuous prick in the press and when the judge calmly reaffirms her impartiality, get her thrown off the case. Thankfully this will all stop being an issue on about January 1, 2014. [U.S. Courts] * Attorney networking and referral site wireLawyer gave itself a Halloween makeover. Personally I wouldn’t want a Fett as an attorney — they have a tendency to lose their heads or fall into pits of despair. Screenshot if you check out the site after they’ve moved on to what we can only assume is their All Saints Day makeover. [wireLawyer] * Joe Biden’s niece appeared in court after she clashed with police last month, “swinging at a female officer then slapping another” before being dragged away in handcuffs all while touting how she “studied law.” This actually sounds more like something Joe Biden’s Onion persona would do. [NY Post] * Penn Law is sporting pumpkins carved with the likeness of all nine Supreme Court justices. [Under the Button] * Vivia Chen’s epic fail as a mother on Halloween. We still love you. [The Careerist] * The House of Representatives has now introduced a use restriction on videos of House hearings to prevent the footage from being used for political purposes. That doesn’t sound all that legal. The Republicans just desperately don’t want people to know what they actually do at “work.” [Patently-O] * Meanwhile, the Senate GOP is going filibuster on Patricia Millett’s nomination to the D.C. Circuit despite lacking any objection to her. [Huffington Post] * NYU Law carried on its annual tradition of acting out the Erie case. Screw that! They should act out Palsgraf… -
2nd Circuit, Bankruptcy, Biglaw, Department of Justice, Dewey & LeBoeuf, Lateral Moves, Law Professors, Morning Docket, Partner Issues, Police, Shira Scheindlin, Texas
Morning Docket: 09.18.13
* As previously discussed, Morgan Lewis partner Leslie Caldwell hopes to take over where Lanny Breuer left off at the DOJ Criminal Division. Her nomination was formally announced this afternoon. [Blog of Legal Times]
* Judge Scheindlin doesn’t want to end stop-and-frisk in New York City, she wants to end racial profiling, so you can’t have a stay pending your appeal to the Second Circuit, Mayor Bloomberg. [New York Law Journal (sub. req.)]
* Dewey know which companies were the latest to be sued by the failed firm’s liquidation trustee to recover funds paid out in the days before it went under? Yes, and Dial Car is really pissed off. [Am Law Daily (sub. req.)]
* Let’s face the facts: no one’s goal as an attorney in Biglaw is to make it drizzle. Because “law firms don’t know when to fold when trying to hire lateral partners,” they sometimes wind up with the opposite of what they want amid their ranks. [The Lawyer]
* Texas Wesleyan Law has been Texas A&M Law for only a few weeks, but new traditions are already being made for Aggie lawyers. Now when students enter a classroom, the professors say “howdy.” [KBTX]
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Associate Advice, Banking Law, Biglaw, Email Scandals, Law School Deans, Law Schools, listserv, Minority Issues, Morning Docket, Racism, Shira Scheindlin, Women's Issues
Morning Docket: 08.29.13
* Is Justice Ginsburg, our favorite judicial diva, foiling her own jurisprudential legacy by refusing to retire from the Supreme Court before another president takes office? [Daily Beast]
* Year-over-year, there’s been a double-digit drop in demand for legal services, so now is a great time to start speculating about which firm will be the next to conduct layoffs. [Am Law Daily]
* Don’t despair, the results of the Am Law Midlevel Survey are out, and associates are more satisfied than ever — except for the women. They’re “leaning out,” so to speak. [Am Law Daily]
* New York City (d/b/a Mayor Michael Bloomberg) wants Judge Shira Scheindlin to stay her stop-and-frisk rulings pending appeal, because racial profiling is an effective crime fighting tool. [New York Law Journal]
* If you want to know why law school is three years long instead of two, it’s because back in the day, the T14s of the world were convinced it’d “stop the proles from sullying the image of the bar.” [The Economist]
* In an effort to keep law school deans’ listserv drama and email scandals to a minimum, the American Bar Association just doled out some rules to keep their ivory tower talk in check. [WSJ Law Blog (sub. req.)]
* “[I]f I die because of this, my life will have been worthwhile.” The HSBC whistleblower is willing to face death to talk about big banks’ alleged money laundering — and to see Marni Halasa. [Huffington Post]
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Antonin Scalia, Biglaw, Celebrities, Constitutional Law, Eugene Scalia, Federal Judges, Gay Marriage, Law Schools, LSAT, Military / Military Law, Morning Docket, Phil Alito, Police, Samuel Alito, SCOTUS, Sentencing Law, Shira Scheindlin, Supreme Court
Morning Docket: 08.22.13
* The NSA has violated the Constitution for years, you say? And it’s been misleading the FISA court about all of its domestic spying activities? As of this moment, the NSA is on double secret probation! [New York Times]
* Imagine how the New York stop-and-frisk case would have turned out if it had been before SCOTUS. The “human toll of unconstitutional stops” may not have been weighed so heavily. [Opinionator / New York Times]
* “[N]o one has a crystal ball,” but right now, it’s highly likely that the Supreme Court will take up another gay marriage case. Perhaps it’ll be the one that’s currently unfolding in Pennsylvania. [Legal Intelligencer]
* According to a recent survey conducted by Randstad, about 60 percent of lawyers are proud to be members of the legal profession, which is impressive(!) considering how unhappy they are. [The Lawyer]
* Birds of a feather really do flock together. Philip Alito, son of Justice Samuel Alito, will join Eugene Scalia, son of Justice Antonin Scalia, at Gibson Dunn’s Washington, D.C. office. [Blog of Legal Times]
* Even though the vast majority of his race-based claims were dismissed on summary judgment, this “token black associate” still has a respected Biglaw firm up against the Ropes. [National Law Journal]
* Law school applications are plummeting, but top law schools haven’t started scraping the bottom of the barrel — their applicants’ LSAT scores have remained relatively competitive. [WSJ Law Blog (sub. req.)]
* I am Chelsea Manning, I am a female.” Considering (s)he was just sentenced to 35 years in prison, Bradley Chelsea Manning sure picked a great time to make this announcement to the world. [Chicago Tribune]
* You dare call the Duchess of Dumplins racist and sexist? When it comes to Paula Deen’s new legal team from Morgan Lewis, five are women, and four are black. Take that, Lisa Jackson. [Am Law Daily]
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Attorney Misconduct, Clerkships, Deaths, Drugs, Education / Schools, Gay, Gay Marriage, Legal Ethics, Martin Lipton, Money, Morning Docket, Murder, Police, Privacy, SCOTUS, Sentencing Law, Shira Scheindlin, State Judges, State Judges Are Clowns, Supreme Court, Supreme Court Clerks
Morning Docket: 08.16.13
* Former SCOTUS clerks earn more money for having clerked at the high court than SCOTUS justices earn for their yearly salaries. Consider how ridiculous that is. [The Economist]
* As it turns out, the National Security Agency oversteps its legal authority thousands of times each year, but that’s only because it’s a “human-run agency.” [Washington Post]
* Federal judges have come together to bemoan sequestration. “We do not have projects or programs to cut; we only have people.” Eep! Don’t give them any ideas. [National Law Journal]
* Ready, set, lawgasm! The comment period for proposed amendments to the Federal Rules of Civil Procedure opened up yesterday, and yet again, e-discovery rules are on the table for debate. [Forbes]
* NYU professors want Martin Lipton to step down from the school’s board of trustees, but the Wachtell Lipton founding partner has had a honey badger-esque response — he don’t give a s**t. [Am Law Daily]
* As was widely expected, Mayor Michael Bloomberg’s army of New York City lawyers will soon take the first step to appeal Judge Shira Scheindlin’s stop-and-frisk ruling. [New York Law Journal (sub. req.)]
* A West Virginia judge was federally indicted for attempting to frame his secretary’s husband with drug charges. Did we mention that the secretary is the judge’s ex-lover? Quite dramatic. [Charleston Gazette]
* Consortium: Not just for straight couples. A same-sex couple in Pennsylvania is trying to appeal the dismissal of a loss of consortium claim in light of the Supreme Court’s Windsor ruling. [Legal Intelligencer]
* Christian Gerhartsreiter, aka poseur heir Clark Rockefeller, was just sentenced to 27 years to life in prison in a California cold-case murder. Maybe Lifetime will make a sequel to that god-awful movie. [Toronto Star]
* Jacques Vergès, defender of notorious villains and perpetual devil’s advocate, RIP. [New York Times]
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Constitutional Law, Crime, Federal Judges, Minority Issues, Police, Quote of the Day, Racism, S.D.N.Y., Shira Scheindlin
New York Can No Longer Stop And Frisk The 'Right People' For Being The 'Wrong Color'
It is now considered unconstitutional to stop and frisk New Yorkers solely on the basis of race. -
Eric Holder, Racism, S.D.N.Y., Shira Scheindlin
Mike Bloomberg Is Right, NYPD Does Stop and Frisk Too Many Whites
Mayor Bloomberg's "math" lesson doesn't help him as much as he might hope.