Drugs

iStock_000014779007_LargeFake stash house robbery cases are a shameful example of the worst of federal law enforcement.

Here’s how they work. An undercover — generally with the ATF — meets someone who has a criminal record (that part becomes important later). The ATF agent tells the person that there’s a stash house out there, and that it has a whole bunch of drugs in it. Also money. It doesn’t really matter how much — the agent can make up virtually any number he wants. Maybe there are 150 kilos of cocaine in there. Maybe a million. It’s whatever the agent thinks he can dream up and sell.

The agent sells the person on the idea that there’s a vulnerability in the stash house and it can be easily robbed. The agent gives the person a car, or guns, or whatever the guy isn’t able to get on his own. He encourages the guy to recruit more people. You need a lot of bodies to rob stash houses that don’t exist.

They plan the robbery. The agent tape records them planning the robbery. Then they strap up to go rob the stash house that the agent made up.

Surprise! The agent arrests the guy and his friends. And it gets worse…

double red triangle arrows Continue reading “Judge Posner and Fake Stash House Robbery Cases; Why Prosecuting Fake Crime Is Bad Policy”

LSAT scantron* The Supreme Court is allowing Texas to enforce its strict voter identification law during the upcoming election, but Justice Ruth Bader Ginsburg, hero to the masses, wrote a rather scathing dissent in opposition. [New York Times]

* Michael Millikin, GM’s beleaguered GC, will be stepping down from his position while the Justice Department continues its probe into the company’s fatal ignition switch failures. A replacement has not yet been named. [WSJ Law Blog]

* Baltimore Law and Maryland’s HBCUs hooked up to assist underrepresented minorities get into law school. Full scholarships come with GPAs of at least 3.5 and LSAT scores of at least 152. [USA Today]

* Kent Easter, the lawyer who was convicted for planting drugs in a school volunteer’s car, was sentenced to serve six months in jail. His law license will likely be suspended (just like his wife’s was). [OC Weekly]

* Accused Boston Marathon bomber Dzhokhar Tsarnaev isn’t doing well in court, and his trial hasn’t even started yet. Motions to dismiss his case and to suppress evidence were denied. [National Law Journal]

Amanda Bynes

* Law schools are in trouble, but Cooley Law is “going strong” — after all, only “28 percent of last year’s graduates at its Michigan campuses failed to land jobs as lawyers within nine months.” You’re really doing it wrong. [Tampa Bay Times]

* This guy broke into the University of Oregon School of Law three times, and all he got were these computers for hipsters and a crappy 11-year sentence. (He should’ve broken into the football facility for better loot.) [Register-Guard]

* Should you go to law school if you know for a fact that you don’t want to be a lawyer? This is the type of question that would render your ATL editors unable to even. [Law Admissions Lowdown / U.S. News]

* Amanda Bynes has been placed on a 5150 psychiatric hold, and people suddenly care about mental health law. It’s sad that it takes a celebrity to make people care about these issues. [WSJ Law Blog]

* Marijuana is making its way to the ballot in some states this November, but before you vote, here’s a primer on where it’s legal to smoke weed, where it might be, and where it’s not. [Washington Post]


* Thanks to a partner from K&L Gates, victims of revenge porn will be able to rely upon the assistance of the Cyber Civil Rights Legal Project to guide them through the courts pro bono. [National Law Journal]

* The latest Princeton Review rankings are out, and now you can find out if you attend a law school that has some of the best professors in the country. Spoiler alert: Yale Law isn’t No. 1. [Huffington Post]

* Calling all lawyers and law students! If you bought a Red Bull in the past 12 years to get through an all-nighter, then you’ll be able to make some quick cash from this class action settlement. [BuzzFeed]

* It seems Madam Justice Lori Douglas, the Canadian judge whose nude pictures were leaked online, is no longer facing sexual harassment charges. That must be nice for her, all things considered. [CBC News]

* Per federal prosecutors, if you’re not too high to suck at playing games on Xbox, then you’re not too high to forget about friends of the accused Boston bomber removing evidence from your room. [Bloomberg]

* Adrian Peterson’s felony child abuse trial is supposed to begin in December, but it could be delayed because the judge may have to recuse. That’s what happens when you call lawyers “media whores.” [CNN]

Amanda Bynes

* “[T]he ‘superstar’ model of Supreme Court advocacy marketing is prevailing”: recent Supreme Court litigation has been dominated by Biglaw and boutiques, and five of them handled about half of last term’s cases. [WSJ Law Blog]

* It’s not a “done deal” yet, but Albany Law School is in serious talks with the University at Albany to form an affiliation by the end of the year. There’s been no word on whether Albany Law would remain a stand-alone school under the yet-to-be inked arrangement. [Albany Business Review]

* The dismissal of lawsuits concerning allegedly deceptive employment statistics at several Chicago-area law schools was affirmed by an Illinois appeals court. ::insert sad trombone here:: [National Law Journal]

* If you’re still thinking about applying to law school for some reason, you might find these tips on what not to write in a personal statement to be useful. [Law Admissions Lowdown / U.S. News & World Report]

* Amanda Bynes, one of our favorite fading starlets who was already on probation, was arrested this weekend on a DUI charge after stopping her car in the middle of an intersection. [Los Angeles Times]

President Obama formally announced the resignation of U.S. Attorney General Eric Holder this week. Filling the position ordinarily poses a political challenge, but installing Holder’s successor will be particularly rancorous. And we have Eric Holder himself to thank for that.

With Congressional midterm elections weeks away, confirmation hearings for a new AG any time soon seemed unlikely at first. However, Senator Patrick Leahy (D – VT), the chair of the Senate Judiciary Committee, announced that he intends to urge the confirmation process onward. “Definitely, we should have confirmation hearings as quickly as possible in the Senate,” Leahy told MSNBC’s Andrea Mitchell. Changes to Senate rules allow debate to end over executive and judicial branch nominees (except for nominees for Supreme Court vacancies) with a simple majority vote, rather than a supermajority of 60 votes. At least until the January 2015 session, when the Senate can revisit the rule change, Senators cannot filibuster the vote on Eric Holder’s potential successor. No matter what shifts occur after the upcoming elections, Republicans hold only 45 seats in the Senate until January 2015. So, Democrats acting quickly hold an advantage. However, Democratic senators facing dicey election contests may not be enthusiastic about their party’s push for hearings before the election.

The AG confirmation process opens a new battlefield in the war between supporters of President Obama and his critics. The battle to confirm Eric Holder’s successor promises to be messy. Senate Republicans will treat the process as a referendum on everything President Obama has done — possibly everything his critics suspect he might want to do. Washington politics makes this sort of fight possible. The timing of Holder’s resignation, a few weeks ahead of Congressional midterm elections, makes this plausible. But Eric Holder himself made this battle necessary.

So, how did Holder generate so much bad blood?

double red triangle arrows Continue reading “When The Confirmation Of The Next Attorney General Gets Political, Thank Eric Holder”

Reefer Sadness

Ours is the age of victim shaming. This much I know. Our culture is one so damned afraid of death that we rationalize every single one as the inevitable coda to a life poorly lived. The ownership society we have built has meant nothing materially so we are left with our own deaths to own… wholly and irrevocably. If you die tomorrow, the newspaper will tell us what horrible behaviors led to your death. Tsk tsks will ring out both far and wide. Assuming anyone gives a sh*t about you. Or the person who killed you.

This impulse to blame death on the decedent doesn’t need much encouragement, of course. But it finds it in the kindred compulsion to believe everything that is said about drugs. You combine a stubborn unwillingness to accept the indeterminacy of death along with the rank stupidity of drugs and… well, you got yourself a stew, baby.

On Wednesday, a race car driver named Smoke got off and it may be because the one he smote may have smoked…

double red triangle arrows Continue reading “Reefer Sadness”

Kent W. Easter

* The justices of Supreme Court of the United States will discuss gay marriage cases from five states during their “long conference” at the end of the month. Which ones will they decide to take? Help us, Justice AMK! [National Law Journal]

* This law school is having some troubles adjusting to the “new normal.” Not only is its administration planning back-to-back tuition hikes, but it’s asking the state for help with its deficits. Yikes, that’s not good. [The Republic]

* This Gonzaga Law professor thinks that playing poker is part of having a balanced life. He might not come home with much after his games, but “it’s better than a kick in the head.” [Spokesman-Review]

* Remember Kent W. Easter, the Biglaw partner who was accused of planting drugs in a school volunteer’s car? During his recent retrial, he was convicted of false imprisonment by fraud and deceit. [OC Weekly]

* Following a “marathon trial marked by screams, tears, vomit, anger,” Oscar Pistorius has been found negligent, but not guilty of premeditated murder. Expect a final verdict tomorrow, perhaps. [USA Today]

Judge Jill Pryor

* Mathew Martoma, the former Harvard law student who fabricated his transcript when applying for clerkships, gets nine years in prison for insider trading. [DealBook / New York Times]

* If Bingham McCutchen moves forward on merger talks with Morgan Lewis, a bunch of Bingham partners might bail. [American Lawyer]

* Congratulations to Judge Jill Pryor, who will join Judge Bill Pryor on the Eleventh Circuit. [Fulton County Daily Report]

* Can you be fired for medical marijuana in Colorado, where the drug is legal even for recreational purposes? [ABA Journal]

* Dewey have some good news for the embattled ex-leaders of the defunct law firm? [New York Law Journal]

* Home Depot is the latest major retailer to be hit by a data breach. [Washington Post]

In honor of the Simpsons marathon, let’s introduce each of these with a Simpsons quote.

* Dr. Hibbert: And hillbillies want to be called “Sons of the Soil,” but it ain’t gonna happen. — BofA wants that $1.3 billion verdict tossed as “unreasonable.” [Law360]

* Superintendent Chalmers: Oh, I have had it, I have had it with this school, Skinner! The low test scores, class after class of ugly, ugly children! — Suffolk University fired its president just days before school began. I’d like to think it was over their subway ads. In any event, the interim president seems to get the problem: “‘I don’t think there’s growth there,’ he said, referring to [law school] enrollment.” [Boston Globe]

* Homer: Barney’s movie had heart, but “Football in the Groin” had a football in the groin — College football kicked off last night (or Wednesday if we cared about Georgia State), so check in with the lawyer for the USC player who pretended he injured himself saving his nephew’s life. [Deadspin]

* Lionel Hutz: There’s the truth and… the truth! — Bracewell & Giuliani partner, Glenn A. Ballard Jr., got benchslapped in Texas for “an affront to this court, to the other parties and to judicial integrity.” Everything’s bigger in Texas. [Houston Chronicle]

* Chief Wiggum: You have the right to remain silent. Anything you say blah blah blah blah blah blah. — After Philip Seymour Hoffman’s overdose, the police actually arrested a jazz musician. He got no jail time after he hired a new lawyer, Alex Spiro, who went after the cops for taking advantage of his client. [NY Daily News]

* Jimbo: You let me down, man. Now I don’t believe in nothing no more. I’m going to law school. — Professor Campos wonders if American University law school will sue students who drop out or transfer? [Lawyers, Guns & Money]

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