Sentencing
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White-Collar Crime
What The New York Times and Alabama Chief Justice Roy Moore Agree On
Sentencing reform makes for strange bedfellows in insane marijuana case. -
Non-Sequiturs
Non-Sequiturs: 04.14.16
* A statistical look at this Supreme Court Term tells us what we already suspected: Paul Clement and Jones Day are all over this biyatch. [Empirical SCOTUS]
* What if you ran across a law firm partner who was a jerk? What if the sun rose in the East? [Am Law Daily]
* PROOF THAT TRUMP’S A TROJAN HORSE!!! HIS LAWYER’S A DEMOCRAT!!! That may or may not be what they’re writing over at Drudge. But maybe it’s just that any New Yorker not registered as a Democrat basically forfeits their right to vote on any office of import. [The Hill]
* Wanna hear something stupid? A dumb but ultimately harmless internet attack has landed a guy a two-year prison sentence. I mean, there’s no crime in that — like molesting a dead horse, it’s your right as an American. [Slate]
* Should law schools be forcing students to take on certain kinds of pro bono work… and, for that matter, should faculty be held to the same standards? I don’t know why we’d start holding faculty and students to the same standards now. [TaxProf Blog]
* Have law schools become the “Reverse Robin Hood”? [Chronicle of Higher Education]
* State legislator with oxygen tank not allowed to sit in his assigned seat. He could have been accommodated with an aisle seat, but “those are usually reserved for House committee chairs and senior leaders.” Well, that sounds more important than treating a guy with basic human respect. [WTOP]
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Public Interest, White-Collar Crime
A CEO Was Actually Sentenced To Prison Time
It's exceedingly rare, but sometimes corporate conduct is so egregious that an executive actually gets put behind bars.
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Morning Docket
Morning Docket: 03.29.16
* Legal showdown averted (for now): the feds were able to access the data on the San Bernardino shooter’s iPhone without any help from Apple. [Washington Post]
* A Harvard Law School grad stands accused of a $95 million fraud scheme — yikes. We’ll have more on this later. [ABA Journal]
* Does a sentencing delay violate the Sixth Amendment right to a speedy trial? Some on SCOTUS seem skeptical. [How Appealing]
* Georgia Governor Nathan Deal announces his intention to veto the Free Exercise Protection Act, which critics claimed would have protected discrimination as a form of religious liberty. [New York Times]
* Hillary Clinton takes Republicans to task for their handling of the current Supreme Court vacancy. [Wisconsin State Journal via How Appealing]
* Some thoughts from Professor Noah Feldman on the recent Seventh Circuit ruling about the use of form contracts on the internet (which nobody reads). [Bloomberg View]
* Save money (on taxes), live better: a federal judge strikes down a tax levied by Puerto Rico on mega-retailer Wal-Mart. [Reuters]
* The Bracewell law firm, now sans Giuliani, elects Gregory Bopp as its new managing partner. [Texas Lawyer]
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Crime, Prisons, White-Collar Crime
The Yale Law Journal And Solitary Confinement
With all the focus on the death penalty, another evil of the prison system is getting glossed over. -
Benchslaps, Federal Government
Benchslap Unloads On District Judge For History Of Screwing Up Trials
The appeals court is getting sick and tired of benchslapping this judge. -
Alex Kozinski, Death Penalty, Quote of the Day
Judge Alex Kozinski Speaks His Mind -- On National Television -- About The Death Penalty
Judge Kozinski poses the question on 60 Minutes: Should we bring back the guillotine or the firing squad? -
Non-Sequiturs
Non-Sequiturs: 11.09.15
* From Jackie Robinson to Missouri: Money is more important to white people than hating on blacks. [ATL Redline]
* Are you right to be outraged when the government lies to you? [Guile is Good]
* A glimmer of hope in 2015 bar exam results, but mostly more bad news. [Bar Exam Stats]
* On the minutiae of sentencing: one man’s prison term all comes down to a comma. [The Economist]
* Do you have a reputation? Or a personal brand? [Associate’s Mind]
* The science and art of jury consultation. [Life of the Law]
* A blueprint on the future of “spoofing” cases. [New York Times]
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Crime, Prisons, Sentencing Law
Criminally Yours: The Prisoners Are Coming
Let's hope the follow-through on the sentence reductions will be as good as the build-up to it. -
Morning Docket
Morning Docket: 10.07.15
* Dewey know what Justice Robert Stolz will do now that the jury has declared itself deadlocked on most charges? Tune in later today. [American Lawyer]
* A case brought by law student turned privacy activist Max Schrems has triggered a European court ruling that Facebook won’t “like.” [How Appealing]
* King & Spalding associate Ethan Davis talks about how he prepared for his argument yesterday before the U.S. Supreme Court. [National Law Journal]
* Thanks to sentencing reform, the Justice Department will release about 6,000 inmates from prison starting later this month. [New York Times]
* Speaking of the DOJ, BP will settle Deepwater Horizon oil spill claims with the feds for a whopping $20 billion. [ABA Journal]
* Elsewhere in news of embattled companies, Volkswagen is turning to Mayer Brown for help in dealing with the emissions scandal that stinks to high heaven. [American Lawyer]
* 50 Cent’s malpractice suit against his ex-lawyers seeks 7.5 billion cents. [Law360]
* When legal recruiters sue each other, things can get ugly — fast. [American Lawyer]
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Death Penalty, Sentencing Law
When A Defense Attorney Feels Like She Enables An Executioner
One defense lawyer has an extraordinary record -- just not the kind that anyone with a capital conviction or charge against them wants to see. -
Morning Docket
Morning Docket: 08.27.15
* Should town clerks opposed to gay marriage be required to issue licenses to all couples? The Sixth Circuit says…. [How Appealing]
* John H. Ray III, the African American ex-associate at Ropes & Gray who claimed the elite firm discriminated against him, loses in court again, this time before the First Circuit. [National Law Journal]
* Vester Lee Flanagan aka Bryce Williams, the Virginia television broadcaster who killed two colleagues on-air before killing himself, was also no stranger to the legal system: he filed multiple lawsuits alleging racial discrimination. [New York Times]
* Why are in-house lawyers more likely than their non-attorney corporate colleagues to fall for phishing emails? [ABA Journal]
* Dewey know when the prosecution will rest in this seemingly endless trial? Probably today. [Wall Street Journal]
* State judges get nasty with each other in Oregon. [Oregonian]
* Federal judges around the country are advocating for a second look at how defendants get sentenced. [New York Times]
* The Dilly in Philly: Paul Clement v. Ted Olson. [Am Law Litigation Daily]
* A T14 law graduate turned “traveling artist” gets charged with criminal sexual assault in Chicago. [Chicago Tribune]
* Speaking of sexual assault laws, Emily Bazelon explains how the St. Paul’s Rape Case shows why these laws must change. [New York Times]
* Update: convicted Colorado movie theater shooter James Holmes didn’t get just a life sentence, but 12 life sentences — plus 3,318 years on top of that. [CNN]
* Linda Hirshman, author of the forthcoming book Sisters in Law: How Sandra Day O’Connor and Ruth Bader Ginsburg Went to the Supreme Court and Changed the World (affiliate link), explains how Justices O’Connor, Ginsburg, and Sotomayor brought wisdom to SCOTUS (but where’s the love for Justice Kagan?). [Slate via How Appealing]
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Biglaw, Crime, Sentencing Law
David Messerschmitt's Murderer Gets Sentenced
How long of a prison sentence did Jamyra Gallmon receive for the murder of DLA Piper associate David Messerschmitt?
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Navigating Financial Success by Avoiding Common Pitfalls and Maximizing Firm Performance
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Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
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Crime, Sentencing Law
Haller Jackson, Former Federal Law Clerk, Pleads Guilty To A Sex Offense
What drove him into this situation, and what will happen to him next? -
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Free Speech, Media and Journalism, Technology
Can You Be Prosecuted For Sharing A Link? The Troubling Case Of Barrett Brown
The prosecution of a prominent activist and journalist raises very real and serious First Amendment concerns. -
Crime, Sentencing Law, White-Collar Crime
Overpunishment, Rationality, And Rakoff
A look at one federal judge's proposal to reform the criminal justice system and the responses it has generated. -
9th Circuit, American Bar Association / ABA, Art, Biglaw, Blogging, Gay, Gay Marriage, Gender, Legal Ethics, Morning Docket, Partner Issues, Sentencing Law, State Judges, Tax Law
Morning Docket: 10.08.14
* How are Nevada and Idaho officials reacting to yesterday’s Ninth Circuit ruling striking down gay marriage bans in those states, and how soon might marriages get underway? [BuzzFeed]
* In other LGBT legal news, New York City is likely to make it easier for transgender individuals to amend their birth certificates. [New York Times]
* Good news for Joan Orie Melvin, the Pennsylvania Supreme Court justice turned convicted felon: her unorthodox sentence has been stayed (again). [How Appealing]
* Eduardo Leite, who has led Baker & McKenzie since 2010, gets another two years at the helm of Biglaw’s biggest firm. [American Lawyer]
* Cravath associate Micaela McMurrough scores a victory in tax court for artists. [New York Times]
* The ABA has issued a new opinion addressing ethical issues raised during the sale of a law practice. [American Bar Association]
* Why do lawyers blog? Tim Baran of Rocket Matter talks to 23 of us. [Legal Productivity]
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Bad Ideas, Crime, Death Penalty, Murder, Pro Se Litigants, Quote of the Day, Sentencing Law, State Judges, Trials, Violence
Much Maligned Murderess To Represent Herself In Death Penalty Case
This is probably a very bad decision on her part. -
Alex Kozinski, Crime, Death Penalty, Sentencing Law
Is The Death Penalty Worth It?
Can we stomach the splatter? Conservative columnist Tamara Tabo argues that the death penalty isn't worth defending.