Robert J. Smith and Zoe Robinson (University of North Carolina School of Law and DePaul University College of Law) have posted Constitutional Liberty and the Progression of Punishment (Cornell Law Review, Vol. 102, Forthcoming) on SSRN. Here is the abstract:...
Smith & Robinson on Cruel and Unusual Punishment
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Flying under the Influence in Utah
A pilot from Utah was recently arrested for flying under the influence (FUI?) after he attempted to fly a commercial passenger plane with blood alcohol content over the legal flying limit. A tipsy pilot 38 year old Russel Duszak from Salt Lake City was arrested for flying under the influence after airport personnel detected a […] The post Flying under the Influence in Utah appeared first on Salt Lake Criminal Defense Attorney.
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How might marijuana legalization in California affect the nation?
The question in the title of this post comes from this Forbes article examining how passage of Proposition 64 -- California's marijuana legalization initiative -- on Tuesday could change marijuana policy nationwide. The article begins: California’s Proposition 64 to legalize recreational marijuana is going to have a big influence on...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/-CHNmcGnn1M" height="1" width="1" alt=""/>
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KANW: Joe Monahan
Was great tonight. Hearing Janice Arnold-Jones was a breath of fresh air. Always thoughtful, and although she is a political pro, she never sinks into the base of it all.She rises above it.Dan Boyd was great.And Joe, well c'mon. Always great.I cannot wait to spend three hours tomorrow with the Crew.It starts tomorrow at 6:30 PM on KANW. Go to their website.The greatest moment of an election year is to hear Joe and the Crew give out the early voting numbers. You hear it first with Joe.Thought of the night: Don't read too much in this upswing of early voting, it's just the growing popularity of the early voting process. --Joe Monahan.Joe will be proven wrong on this point.He would be right every other year, but this year the early voting numbers have a lot to do with two major forces at odds with one another: The Hispanic vote against Trump or the silent majority for Trump.I literally cannot wait until 6:30 PM tomorrow.
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The Final Night: Bruce, Bon Jovi, Obamas and Hillary In Philly
Bruce Springsteen is giving an incredible speech during his live musical performance at a campaign event for Hillary tonight in Philadelphia. It's outdoors and the place is packed. From Bruce: Trump has a "profound lack of decency.... Tomorrow... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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The “Tricks or Treats” of Filing for Bankruptcy
Americans all over the country continue to feel the adverse affects of the economic recession, which has caused hundreds of thousands of our friends and neighbors here in Georgia alone to take on multiple jobs, downsize their homes, or take out loans in order to make ends meet for their families. Due to these financial issues, folks from all over Georgia have contacted our office to discuss the prospect of filing for bankruptcy and how a successful bankruptcy case may help them alleviate their families’ debts and get their household back on track. In this spirit of the upcoming Halloween celebration, our office is please to present the following pros and cons – or Tricks and Treats – of filing for bankruptcy. If you still have questions, call our office to speak to an experienced bankruptcy attorney today – we look forward to speaking with you! Bankruptcy Pros Let’s start with the treats first. The most obvious advantages of filing for bankruptcy…
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Important Bankruptcy Topics: Creditors
Many of our Georgian friends and neighbors contact our office on a daily basis to discuss the possibility of filing for bankruptcy. Filing a bankruptcy case can be an excellent way for an individual or a family to get their debts under control and improve both their financial present and future. One of the most critical aspects of a successful bankruptcy case is the correct approach to working with the bankruptcy court and the person’s creditors. What is a Creditor? A creditor is any person or company that is owed money by the person filing the bankruptcy case (called the debtor). All creditors need to be informed that the debtor is filing for bankruptcy. How do I inform my Creditors that I am filing for bankruptcy? When a debtor files a bankruptcy case, there are many forms that must be completed for this process. One of the most important forms the debtor must complete is the creditor mailing list (which is sometimes called the creditor mailing…
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I am Currently Unemployed – Should I File for Bankruptcy?
During the aftermath of the Great Recession, many of our friends and neighbors lost their jobs after several companies downsized or outright closed their doors altogether. Additionally, many of our younger residents are graduating with first-rate educations from one of our fantastic Georgian universities, but they are unable to find work since the economy continues to struggle. When one has been unemployed for a significant period of time, the household debts continue to mount and it is common for people in this situation to look to bankruptcy as a way to get out from under their bills. Read on to learn more about whether filing for bankruptcy is appropriate for your circumstances. If you still have questions, call our office to speak to an experienced bankruptcy attorney today – we look forward to speaking with you! 1. Before filing for bankruptcy, you should know whether your creditors will be able to seize your assets or garnish your future wages. In general, there are…
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The Line of the Year: The Ghost -10.5
Yes, it is the Ghost vs. Dianna Luce. And the number at issue is whether she will bring in over 90 percent of the vote.I mean she is running unopposed, bought balloons, bought t-shirts that nobody has ever seen. However, she did help the Ghost a bit by being a bumbling, stumbling D.A., and having her staff lose murder case after murder case, and dismiss cases left and right all because of their unpreparedness. And, try to talk to court interpreters about jury deliberations and never, ever give the interpreters the evidence in advance so they can properly prepare.Which tells you all you need to know about how Dianna Luce feels about our Spanish-Speaking jurors and/or defendants.Yes, in some ways she helped the Ghost.But, truth to be told, he is just a ghost.He is non-existent. Doesn't exist. A collection of vapors. And some other dust.Meaning, the Ghost isn't real.But can the nonexistent Ghost actually pull ten percentage points away from…
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Illegal Reentry Charges | Federal Criminal Illegal Reentry Charges
When Coming Back is a Federal Crime: Illegal Reentry Charges The debate regarding the scope of legal immigration to the United States has existed for decades. It is a political hotbed. Arguments for and against expanding or retracting immigration seem to permeate the political landscape of this country. While the public discourse ebbs and flows, federal courts have adjudicated a myriad of criminal cases where people have been shown to re-enter the U.S. after being deported and face illegal reentry charges. While it is common knowledge that persons who enter the United States illegally can be deported, it is also important to recognize that persons who have been previously deported may, if found in the United States after their deportation, be federally prosecuted. 8 USC 1326 prohibits a person who has “been denied admission, excluded, deported, or removed” to then “enter, attempt to enter, or [at] any time be found in the United States.” Challenges to…
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Signing Off
I’m sad to say that this is my last post for the blog. I started this blog together with my solo law practice. But I am moving abroad soon and will be closing down my law practice as well. So I think it’s fitting that I should call it quits with the blog since the vehicle that brought it to life will no longer be around. Not that I won’t have another blog but if I do it will be very different — in content at least — than what’s been written in this forum. And what better time to say goodbye than on Election Day. If there’s one thing I’ve learned writing for this blog over the past seven years it’s that change — in perspectives, in policies, and in humanity — comes slowly if at all. Worse yet not all of that change is of the positive sort. Nothing about this current election contest and the two candidates vying for the presidency inspires hope on either front. If…
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The New Nine: Make The Supreme Court Legitimate Again
In advance of the election, Rick Hasen wrote an op-ed for the New York Daily News, which means you probably weren’t among the twelve who read it. “We need nine,” the refrain goes. But it’s the balance of power on the Supreme Court and not the number of justices that matters. The fate of many of our most cherished rights hangs in the balance of not just the presidential race, but control of the Senate. Neither the presidency nor the Senate went the way Hasen wanted. A conservative Supreme Court is more likely to protect broad gun rights, take a narrow view of federal power against the states, and the rights of businesses over workers and consumers. That’s why I’ve called control of the Supreme Court the most urgent civil rights issue of our time. Not that anyone, other than his mother, gives a damn what Hasen “called,” but this is the wrong-headed thinking that has permeated academia and politics for too long. Both presidential…
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A Thanksgiving Hangover May Include Legal Trouble
For many, Thanksgiving is a time for family, friends, and feasting, and often, the consumption of alcohol. In fact, the night before Thanksgiving is often cited as the biggest bar night of the year, as people who are home for the holiday often go out to bars and clubs to spend time with old friends. Law enforcement authorities are aware of this fact, and are the lookout for drunk drivers on and around Thanksgiving, often setting up DUI checkpoints or increasing patrols in certain areas. Importantly, you do not have to go out on the town to find yourself behind bars over Thanksgiving weekend. Under Maryland law, it is illegal to drive with a blood alcohol content (BAC) of in excess of 0.08, which some people can reach in just a few drinks. This means that your casual wine with dinner could put you at risk for a DUI if you choose to drive home afterward. For this reason, if you are drinking at all, it is advisable to arrange alternative transportation at the end of the night or…
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Give power to the people by eliminating the electoral vote – plus where to go from here
Donald Trump has won the electoral vote but may have lost the popular vote. The polls — never perfect, as each voter is an individual, and polls do not query every voter — predicted Hillary Clinton’s popular vote win, but could not have been as reliable for predicting the outcome of the electoral vote, where the winner in each state takes all that state’s electoral votes. NPR reports: “As of 7:20 a.m. ET, Clinton had amassed 59,059,121 votes nationally, to Trump’s 58,935,231 — a margin of 123,890 that puts Clinton on track to become the fifth U.S. presidential candidate to win the popular vote but lose the election.” That is a razor-thin margin that underlines how important is each of our votes. Good luck, though, eliminating the electoral vote soon. The electoral presidential voting system has always governed American presidential elections, pursuant to Article II, Section 1 of the Constitution. Despite complaints against…
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Brobst on Miranda in Mental Health
Jennifer A. Brobst (Southern Illinois University School of Law) has posted Miranda in Mental Health: Court Ordered Confessions and Therapeutic Injustice for Young Offenders (Nova Law Review, Vol. 40, 2016) on SSRN. Here is the abstract: Court-ordered therapy that seeks...
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Marijuana, Merrick and millenials: why cautious insider Dems lost another outsider/change election
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Effective Marshall Project takes on Election 2016 and criminal justice now and in the future ... UPDATE: and another set of views via Crime & Consequences
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CADC: Bomb squad’s search hours later was not exigent and no QI
A top to bottom search of plaintiff’s home by the D.C. bomb squad hours into a “situation” at his home (actually based on a mistake) wasn’t remotely justified by exigent circumstances. Moreover, qualified immunity doesn’t apply (2-1 on this issue) … Continue reading →
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Novedades para los que retiran el 95.5% o 25% de sus fondos de las AFP
El día 07 de noviembre de 2016 en el Diario Oficial "El Peruano" se publico la Resolución de la SBS Nº 5785-2016, con cargo a analizarla con amplitud e incorporar el texto a mi separata, es impostergable anotar una precisión. Sustituyen el acápite "d" del "paso 2" del artículo 5º reglado por la Resolución SBS Nº 3663-2016 "Reglamento operativo de la Ley Nº 30478" concordante con el artículo 5º "paso 2" de la Resolución SBS Nº 2370-2016 - "Procedimiento operativo para cuando el afiliado llega... a la edad de jubilación" Una de las obligaciones de las AFP es informar al afiliado con claridad lo que sucede antes, durante y después del proceso del retiro de la totalidad de sus fondos. Tanto en la Resolución SBS Nº 3663-2016 y 2370-2016 analizadas en mi separata, la AFP debe entregar al…
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For Attorney General: Sen. Jeff Sessions
I've had the privilege of meeting with Sen. Jeff Sessions a few times. He has been a beacon of honor in the Senate, a friendly and gracious man who nonetheless gives every ounce to fight for his convictions.When the disastrous sentencing "reform" bill looked like it had momentum in Congress a year ago at about this time, Sen. Sessions, more than anyone else, stepped up to the plate. His strong, early leadership made people ask questions: Yes, we'll give them a "second chance," but what will they do with it? Do we need to think more about recidivism rates? Why do so many people think the criminal justice system is "broken" when, over more than 20 years, it has cut crime by half, saving millions of dollars and averting untold human misery?Sen. Sessions has served in the Senate for almost 20 years. Before his election, he was both a United States Attorney in Alabama and Attorney General of that state.Those seeking…
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