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Free Pepe

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It happened with a phrase, perhaps as clear a phrase as could be conceived at the time, when usurped from the vocabulary and untethered from its definition. The phrase was “sex discrimination,” and by concerted use, it’s claimed to be ambiguous.  All it required was for people to seize it and use it for their own purposes. Now it’s Pepe the Frog. This is Pepe the Frog. He’s a laid-back amphibious dude whose hobbies include hanging out with his roommates, getting stoned, drinking pop, eating pizza and watching TV. He doesn’t get out much and spends the majority of his time slinging outdated ‘90s clapbacks at his fellow dude-bros. You might be surprised, then, to hear that Pepe was recently designated a “hate symbol” by the Anti-Defamation League. Talk about not chill. You don’t care about Pepe? Frankly, neither do I. It’s not a meme of any significance in my world, and had this not happened, chances…

AJEDREZ, LOS HERMANOS CORI Y LA TORPEZA DE MUCHOS PERUANOS

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He demorado un poco en comentar este tema, en verdad pensé que podía agotarlo en facebook, me equivoque y aquí les dejo una parte de los debates en torno al tema, previamente el enlace que ha dado origen al debate. http://peru21.pe/deportes/presidente-ipd-respondio-hermanos-cori-premiacion-economica-esta-reservada-primeros-lugares-2258430 Es sólo el cambio de ideas que a continuación leerán, un pálido ejemplo de lo que el Perú tiene como ciudadanos y gobernantes. Los hermanos Cori reclaman premios y esto es lo que sucede: MI POSICIÓN Es increíble, el Presupuesto de la Federación Peruana de Ajedrez es de S/. 700,000.00 anuales, incluyendo entrenadores, jajajajajaj!!!!!. y de ellos se destinan S/. 3,400.00 para los hermano Cori mensuales. jejejej!! ¿Cuantos campeonatos Internacionales se han realizado Y ORGANIZADO en el País en los últimos cincuenta años?. …

Book Review: Twisting Title IX

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It was an extremely ambitious effort by FIRE’s executive director, Robert Shibley.  Not only is the current state of Title IX of the Education Amendments of 1972 to the Civil Rights Act of 1964 a total fiasco, but it’s replete with a mythology deliberately spread by a rogue Department of Education, Office of Civil Rights, and adopted by zealous advocates who make up in passion what they lack in integrity and knowledge, so that it’s nearly impossible to discuss intelligently. Shibley tries to explain this morass in the modern version of a broadside. To provide a full and adequate explanation would require at least a book, if not a few volumes, but then no one would take the time to read it.  And that’s the point, that this needs to be read to have any impact and, for those against whom this law and its mythology are used, they be given access to accurate information in contrast with the spin. It’s a quick read. For anyone who has paid…

Happy SCOTUS new year/Term ... which has already gotten started with more Johnson fall-out

Prez Candidate Clinton promises “end to end reform in our criminal justice system — not half-measures, but full measures"

The Wide Reach of the Felony Murder Rule in Illinois

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The Illinois felony murder rule is a heavily debated topic. In fact, the Illinois law is one of the broadest in the country. The suspect of an armed robbery committed in Carpentersville, IL is being charged with murder because his accomplice died during the execution of the crime. U.S. Marshals apprehended the suspect, Bobby Heard, 32, in St. Louis, Missouri, according to the Kane County state’s attorney’s office. At around 7:30 PM Heard and his partner, Kenyon R. Slater, 37, armed with handguns, broke into a computer store on the 1600 block of Ravish Lane according to Carpentersville police and prosecutors. After restraining two employees and pistol whipping one, the thieves grabbed cash and electronic equipment before fleeing the store. While Slater and Heard were fleeing the scene one of the store employees broke free, picked up a handgun, ran toward the thieves, and shot Slater in the store parking lot, according to prosecutors. According to the Kane County…

"Unlawful Delivery of a Controlled Substance," Facebook and "Other Crimes"

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This post examines an opinion from the Appellate Court of Illinois – Fifth Division: People v. Hovis, 2016 WL 5156375 (2016). (The post is unusually long because the opinion is unusually long, given that it is analyzing the propriety of admitting certain evidence.) The court begins by explaining that[o]n September 18, 2013, the defendant was charged by information with the offense of unlawful delivery of a controlled substance under an accountability theory. 720 ILCS570/401(d)(i) (West 2012); 720 ILCS 5/5–2 (West 2012). According to the information, on February 12, 2013, the defendant, or someone for whose actions the defendant is legally accountable, knowingly delivered less than one gram of a substance containing cocaine to a confidential source of the Effingham police department.The State filed a motion to allow evidence of other crimes or offenses against the defendant at trial. According to this motion, a search warrant was executed on the…

Second Ohio OVI Reduced For Man After St. Patrick’s Day

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After visiting Columbus for St. Patrick’s Day, a man was on his way home after the festivities but was pulled over when other drivers reported what they thought was impaired driving. When officers recorded a .170 BAC they charged him with his second Ohio OVI offense in two years. The man was understandably nervous about [...]The post Second Ohio OVI Reduced For Man After St. Patrick’s Day appeared first on Columbus Criminal Attorney.

"Dignity and the Death Penalty in the US Supreme Court"

Is recreational marijuana reform initiative likely to fail (badly) in Arizona?

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The question in the title of this post is prompted by this interesting new local article headlined "Foes of legalized recreational marijuana in Arizona have cash edge." Here are excerpts from the article: Foes of legalized recreational marijuana are building up a war chest in a bid to kill Proposition...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/_tRFPY1cv48" height="1" width="1" alt=""/>

THE COSTS OF DEATH PENALTY DEFENSE

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According to the Herald, the costs of defending a death penalty defense in Miami are high and it takes a real long time for the cases to go to trial or be resolved. Mr. Abe Laeser was interviewed and he opined that defense attorneys have a financial incentive to drag the case out, which is one reason why the cases take so long to resolve. He seems to think this is a problem.We beg to differ. This is Rumpole's defense of defense attorneys having a financial incentive on a case.First, what would be the opposite of an attorney having a financial incentive in a case? It would be paying an attorney a flat fee. What would that do? No matter the fee- even if it were a million dollars per case, it would create the economic incentive to NOT explore every issue, challenge every fact, look for every possible witness and consider every possible defense.Who wants an attorney like that? Only prosecutors.The death penalty in this county is a national shame. With all the work and…

There But for the Grace - Part I

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There but for the grace of . . . .Well, that's the tricky part if, like me, you don't believe in god.  But deity or not, the truth is that we're all on a ledge.  And any one of us.A philosophy professor, a onetime advisor of mine when I was an undergraduate, gave me the most comforting parenting advice I've ever received.  She told me, in an offhand way and apropos of I-have-no-idea-what at this remove.  (It was years before I had children; so it surely wasn't given as actual advice.)There's little you can do to your children that years of intensive therapy once they're grown can't help them overcome.Since that day many decades ago she became an AUSA and I became a criminal defense lawyer.  I imagine we've both discovered through our work that she was wrong.  I certainly have.The things that parents do to their children can/will/do lead them -- well, some don't even manage to get to be grown ups,…

When criminal defendants wear the same clothes to court as from their arrest date

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In many criminal cases, identification is a key defense, including for police stops of people identified on 911 calls, and for such cases as assault, passing bad checks, and theft. A criminal defendant helps assure being identified from the witness stand by a so-called eyewitness when the defendant comes to court wearing the same clothing, unique hairstyle and unique facial hair that the defendant wore on the incident date. The same goes for wearing the same jewelry, hair accessories and handbag from the incident date. When my client does not come to court with the same clothing, hairstyle and accoutrements as from the incident date, I can point out the vagueness in the 911 callers’ and eyewitnesses’ description in the same. I do not need the adverse court witnesses to point at my client’s clothing and hairstyle to say “That is exactly what I reported on the incident date.” The foregoing concerns are not going to be obvious with all my…

Cal.1st: Juvenile’s search condition is amended on appeal to relate to drug usage

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The juvenile’s search condition is modified to related to drug use on affirmance of the conviction. In re Jonathan R., 2016 Cal. App. LEXIS 817 (1st Dist. Sept. 30, 2016): In addition, the search condition of the dispositional order, which … Continue reading →

Multiple Vehicle Crash Near Pocatello

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 10/04/16 2:58 A.M. Please direct questions to the District Office The Idaho State Police is currently investigating a multiple vehicle crash southbound Interstate 15 at milepost 63, near Pocatello. The left lane of travel is currently blocked. More information will be released when it becomes available. AC/SC -------------

When Big Brother Is Your Boss

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Pauline T. Kim, Market Norms and Constitutional Values in the Government Workplace, 94 N.C. L. Rev. 601 (2016). Matt Bodie How should we apply constitutional protections to public employees? The state action doctrine exempts private employers from constitutional scrutiny. However, public employers are bound to abide by the Constitution in their exercise of power. Governments must protect the free speech and privacy rights of not only ordinary citizens but their own employees as well. The difficulties in matching up these rights with the employment relationship have long bedeviled courts. If a worker’s speech in the workplace had the same protections as a citizen’s in the square, or an office had the same protections against searches as a home, governments’ workforce management could quite easily break down. As a result, courts have increasingly turned to private sector norms to guide their application of these rights in the public sector. In her article…

Automation Nation

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The myth was that Henry Ford decided to pay his workers $5 a day when he realized that if they couldn’t afford to buy the cars he was building, he wouldn’t be able to sell cars. It’s not true, but the allure of the myth was undeniable. Without a sufficient population of buyers, sellers can’t sell. The shine of technology has blinded its sycophants to this concept. At Room for Debate, the New York Times (in its Trump-obsessed way) sought to disprove the claim that the suffering of the middle class had to do with jobs and companies fleeing the nation by noting that the greater threat to middle class existence was automation. Globalization and trade agreements have been blamed for costing millions of Americans well-paying jobs. But a far greater force in the gutting of middle-class life in the United States has been automation, which has replaced well-paid workers with robots and digital platforms. The greater efficiency fuels economic growth,…

techdirt: After Appeals Court Flip-Flop, Aaron Graham Asks Supreme Court To Examine Warrantless Access To Cell Location Info

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techdirt: After Appeals Court Flip-Flop, Aaron Graham Asks Supreme Court To Examine Warrantless Access To Cell Location Info by Tim Cushing: Aaron Graham — the defendant at the center of a Fourth Amendment dispute over the warrantless acquisition of cell … Continue reading →

*Update* Multiple Vehicle Crash Near Pocatello

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 10/04/16 5:37 A.M. Please direct questions to the District Office ***UPDATE*** On Tuesday, October 4, 2016 at approximately 2:43 am, Idaho State Police investigated a two vehicle injury crash, southbound Interstate 15 at milepost 62, near Pocatello. Frank Talbot, 80, of Roy, Utah, was driving a 2003 Ford Windstar Van. Talbot was driving the wrong way, northbound in the southbound lanes of travel. Talbot's vehicle struck a 2007 GMC Yukon driven by a minor. Both vehicles entered the median. Talbot was transported by ground ambulance to Portneuf Medical Center. He was not wearing a seatbelt. The left lane of travel was blocked for approximately one hour while crews investigated.…

But For Video: A Totally Ordinary Arrest

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How hard is it to say he resisted? Not too hard. Pele Smith is suing the Lorain, Ohio, police. It was a he said/she said case until the release of the video. The arrest took place while police were investigating drug complaints in Smith’s neighborhood. According to a statement released by Lorain Police Chief Cel Rivera on Wednesday, Smith tried to destroy drug evidence by placing it in his mouth and “physically resisted officers” as they tried to retrieve the evidence. However, the video merely shows Smith calling out to his mother to look after his son. Smith was ultimately charged with tampering with evidence, obstructing official business, and resisting arrest. As part of a deal with prosecutors, he pleaded guilty and received probation. Smith pleaded guilty, so we’re left with that, excuses notwithstanding. But as noted in the video, no one flinched when his face smashed the glass. The explanation for what happened is unsatisfying. Lorain…
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