Fifth Amendment

* The hits keep on coming for Curt Schilling. Now the SEC has woken up and decided to probe the $75 million he secured from the state of Rhode Island (already the subject of another suit). Maybe he can fake another bloody sock to generate some sympathy. [Bloomberg]

* Apple sold a “Season Pass” to Breaking Bad Season 5 and then refused to honor the second half of the season to its subscribers, prompting an Ohio doctor to file suit for $20, with hopes of building a class action. Look, Apple needed that money; Tim Cook is desperate these days. [Deadline: Hollywood]

* Speaking of Apple, the Federal Circuit looks like it’s going to give Apple another crack at its claim that Google ripped off the iPhone patents, citing “significant” errors on the part of the last judge to rule on the dispute: Richard Posner. You come at the king, you best not miss. [Wall Street Journal]

* And last, but definitely not least, Apple’s new fingerprint ID will be the death of the Fifth Amendment. Discuss. [Wired]

* A film chock-full of unsanctioned footage and insulting knocks on Disney has been picked up for distribution. This is your official warning that it’s time to prepare the beauty pageant pitch for the Disney execs. [Grantland]

* Elie smash, Charlotte Law School. [NPR Charlotte]

* The International Association of Young Lawyers conference will feature a speed dating session (on page 6). Really hard-hitting program there. [International Association of Young Lawyers]

* Congratulations to the 49 firms honored for meeting all of WILEF’s criteria for Gold Standard certification at today’s awards gala! [Women in Law Empowerment Forum]

If you’ve been arrested, and the police want to interrogate you, they will tell you that you have the right to remain silent.

How do you assert that right?

One way would be to say something like “I would like to remain silent.” Saying “I want a lawyer” should also stop the questioning.

But today, in Salinas v. Texas, the Supreme Court of the United States held that you do not assert your right to remain silent by remaining silent. If you want to remain silent, you’ll need to be prepared to talk about it.

No one will be surprised that this result came from the Justice least likely to be voted most beloved by those in our nation’s prison systems, Justice Alito.

Sort of….

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I’ll get you my little Iranian… and your little dog too.

The sins of the father should not be visited on the son. Honestly, if House Mystal was in Westeros (I think I know what sigil you think I should have), those would be our words. It’s awful when a whole family is shamed for the mistakes of one member. Nobody wants to be in the position of Dzhokhar Tsarnaev’s crazy uncle.

Thankfully, in civilized societies, we don’t hold children criminally responsible for the crimes of their forebears. That’s pretty much a bedrock principle of modern jurisprudence. Guilt by association might happen in the public sphere (sorry, Jeb Bush — I think everybody knows your brother, President Fredo, should have been passed over), but in the legal sphere, we have a little thing called “due process.”

It’s a constitutional principle Representative Tom Cotton (R-Ark.) had to be reminded of yesterday…

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Jodi Arias

* A bipartisan immigration reform bill made its way through the Senate Judiciary Committee and will head to the Senate floor. Of course, the amendments in support of gay marriage didn’t make it in, but that may be moot soon anyway. [CNN]

* IRS official Lois Lerner may not be very “good at math,” but at least she seems to know the basic principles of constitutional law. She’ll invoke her Fifth Amendment rights before the House Oversight Committee today. [Politico]

* The D.C. Circuit ruled that the top secret Osama bin Laden death photos will remain top secret, but the internet’s desperate cries of “pics or it didn’t happen” will live on in our hearts. [Thomson Reuters News & Insight]

* Attention naysayers: it may be time to face the music. According to the latest Altman Weil survey, most law firm leaders think all of these fun recession-driven changes are here to stay. [Am Law Daily]

* Twenty-two law firms are banding together to fight against fraudulent financial products on a worldwide scale. It’s too bad this legal alliance didn’t exist before the Bernie Madoff scandal. [New York Times]

* It looks like New Jersey may soon be hopping aboard the “pro bono work before bar admission” train. You better hope you get your clinic placements in order, people. [New Jersey Law Journal (sub. req.)]

* The results for the February 2013 bar exam in California are out, and they’re frightening. It’s time to try that acting thing again, because only 41 percent of all test takers passed the exam. [The Recorder]

* Jodi Arias is now begging jurors to allow her to live out the rest of her days in prison. She wants to contribute to society by painting, recycling, and… not slashing additional throats. Lovely. [Fox News]

So yesterday I was flipping between Fox and MSNBC as they continued their battle to see who could be the first to report that the other one was wrong. During the “they made an arrest in the Boston Marathon bombings… oh no they didn’t” kerfuffle, I got sucked into the Megyn Kelly program which devolved into a discussion on whether or not the ALLEGED suspect should be Mirandized when he is caught, or “sent right down to Guantanamo.”

It occurred to me that there are whole throngs of humans out there, Americans, who honestly believe that reading somebody his rights or making sure a suspect has access to a lawyer is deleterious to justice, as opposed to being one of ways we ensure justice is done.

I trust there aren’t any real lawyers out there who believe that rights hurts the administration of justice as if life is one big freaking episode of The Closer….

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‘We have ways of making you talk…’

Earlier this week, Judge William Sylvester, the Colorado state judge presiding over the James Holmes trial, ruled that prosecutors are allowed to apply “truth serum” to Holmes if/when he decides to plead not guilty by way of insanity.

Holmes, you may remember, is the jackhole who allegedly (to the extent he has not yet entered his own plea) murdered 12 people and injured 58 others in an Aurora, Colorado movie theater during the premiere of The Dark Knight Rises. He’s expected to cop an insanity plea, citing a bunch of troubling facts, including the fact that he was obsessed with the Joker, leading him to dye his hair orange, which, when you think about it, undermines his obsession claim since the Joker clearly has green hair.

But the decision to forcibly inject Holmes with so-called “truth serum” to test his insanity claims, not only sounds like a plot device from a really terrible Bond movie (let’s just assume Die Another Day), but it also seems like a genuinely terrible legal ruling….

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