How would you define excessive force? There doesn’t seem to be a precise definition, if only because it’s a matter of legalese. Generally speaking, the police shouldn’t be using force beyond what is called for under the circumstances, which is a somewhat subjective test.
We’ll lob you a softball so you can decide the answers to these important questions. Can you use a Taser on a pregnant woman? How many times can you do it? Once? Twice? Three times?
Now, if your initial reaction was something like, “Holy sh*t! Who does that?,” you must be thinking that the police would be crazy to tase a pregnant woman — especially a pregnant woman who’s two months away from her due date. She’d have to have done something egregious to warrant the use of such force.
But that’s not what happened to a pregnant woman in Washington who received the punishment for a mere traffic violation. And the police officers who inflicted her pain want to take the case to the United States Supreme Court….
(This is not the first time Professor Jones has been accused of such a crime. Back in 2007, we named him a Lawyer of the Day after he was charged with soliciting a prostitute. The charge was later expunged.)
Yesterday’s Lawsuit of the Day — Jones v. Minkin, a $44 million lawsuit against yours truly, Above the Law publisher David Minkin, and Dead Horse Media (now known as Breaking Media) — has been voluntarily dismissed by the plaintiff, University of Miami law professor Donald Jones.
There was NO SETTLEMENT in this case. Above the Law has made no changes to our prior posts, and we have paid no money to Professor Jones. The case was dismissed by the plaintiff without anything from our side, except a letter from our lawyer.
UPDATE (3:35 PM): We have offered Professor Jones a guest post on Above the Law in which to provide his side of the story, about either the lawsuit or the underlying facts. We have offered to keep the comments on that post closed or open, depending on his preference. (And we would have done this in the first place, had he made such a request.)
For the first time in over three years of operation, Above the Law has been sued. We feel the lawsuit has no merit, but we will not comment further on this ongoing litigation. To access the pro se complaint, coverage by other news outlets and blogs, and ATL’s prior posts about Professor Donald Jones, click on the links collected after the jump.
Please note that we have closed comments on this post, out of respect for the judicial process. Thank you.
UPDATE: We will be continually updating this post with links to news and blogosphere coverage. We have already added new links from the ABA Journal, the WSJ Law Blog, and the Volokh Conspiracy, among other sources.
The fresh links will appear AFTER THE JUMP, so check them out there. Thanks.
We’ve written afairamount about D. Marvin Jones, the University of Miami law professor who has been accused of soliciting an undercover officer for sex. He allegedly offered her a tantalizing $20 for her services.
But a picture is worth a thousand words. And a picture is what’s been making the rounds among UM students and alumni, via email. The tipster who sent the graphic to us introduced it as follows:
I graduated from UM Law (embarrassing, I know)…. [But] I actually have a job.
I hate UM. After [redacted] for undergrad, UM Law was a joke. I’m embarrassed that I went here.
Anyway, this pic is amazing. Please publish it. I don’t know where it came from, but it’s awesome.
Now, we realize that Professor Jones is a popular figure on the UM Law campus. We acknowledge that he merely stands accused of wrongdoing; he hasn’t been convicted of anything. And we know that many ATL readers have rather delicate sensibilities, especially for the readers on an online legal tabloid. If you’re highly sensitive to criticism of Professor Jones, or if you are easily offended, then please stop reading here.
But if you have no particular attachment to Professor Jones, and if you have a reasonably high tolerance for irreverent, crass, politically incorrect humor, then check out what lies after the jump.
Now it’s in the Miami Herald. Most of the piece will be familiar to those of you who read ourcoverage. But the article does include some new material, including comment from the law school:
A law school spokeswoman declined to comment on the arrest Thursday, but the school’s dean, Dennis Lynch, told The Miami Hurricane student newspaper he was aware of the charge against Jones.
”He is a respected member of our law school community, and the validity of the charges will be determined through the appropriate judicial proceedings,” Lynch said, according to The Hurricane. “I mean, he’s only been charged.”
Jones pleaded not guilty to the solicitation charge last month and has requested a trial, court records show. If convicted of the second-degree misdemeanor, Jones would face up to 60 days in jail.
Dean Lynch, by the way, is stepping down (but related in no way to L’Affaire Jones). Considering the weird publicity the school has been experiencing lately — see examples collected here — we don’t blame him. We’ve been hearing about a fair amount of infighting over there, which we may report on in the future.
P.S. Speaking of UM, we’d love to interview the law students featured here and here. If you know either or both students, please convey our invitation to them. Thanks.
As we first reported yesterday, Professor D. Marvin Jones, who teaches constitutional law and criminal procedure (!) at the University of Miami law school, has been arrested for solicitation of a prostitute. Here’s an interesting tidbit, from Blogonaut:
Some of you asked for more details about the alleged conduct. We’ve gotten on our hands on the incident report, which appears below. Note the tension between (1) Professor Jones’s pimpin’ ride, a Mercedes SL500, and (2) his alleged offer of a mere $20 to the “undercover officer possing [sic] as a prostitute.”
Law professors don’t make as much as Biglaw partners. But surely the driver of a Mercedes could be a little more generous!
Several commenters to our recent post about the University of Miami law student who got benchslapped on the People’s Court pointed out another news development involving the law school: the recent arrest and arraignment of a popular professor, D. Marvin Jones, on a misdemeanor charge of soliciting a prostitute. See here:
Check out his bio (which rather pretentiously describes Professor Jones as a “public intellectual”). He teaches Criminal Procedure, of all things. If there’s any technical defect in his arrest, we’re sure the good professor will be able to get himself off.
Professor Jones: If you’re looking to score some ass, why not stick to the U. Miami student body? At least they won’t charge.
Alas, we don’t have the dirty details of this incident. If you know more, please email us. Thanks.
Professor Joel P. Trachtman has developed a unique, practical guide to help lawyers analyze, argue, and write effectively.
The Tools of Argument: How the Best Lawyers Think, Argue, and Win is a highly readable 200-page book, available for about $10 in paperback or e-book. Chapters focus on foundational principles in legal argument: procedure, interpretation of contracts and statutes, use of evidence, and more. The material covered is taught only implicitly in law school. Yet, when up-and-coming attorneys master these straightforward tools, they will think and argue like the best lawyers.
For most attorneys, time spent managing the books is a necessary evil at best. Yet it is undeniably a crucial aspect of running a successful practice. With that in mind, we invite you to view or download a free webinar by Above the Law and our friends at Clio to learn how to better manage your finances.
Take this opportunity to learn what it takes to streamline your accounting and get the most out of your time. The webinar agenda:
● The basics of accounting for lawyers.
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● Steps to prepare your tax return for your firm’s income.
Do not miss this crucial chance to optimize your accounting practices. Save time and get back to billing!
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: firstname.lastname@example.org.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!