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NYTimes Sunday Review: Trump Is President. Now Encrypt Your Email.

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NYTimes Sunday Review: Trump Is President. Now Encrypt Your Email. by Max Read: In the weeks after Donald J. Trump won the election, a schism threatened to break my group of friends in two. Not a political argument brought about … Continue reading →

"Conservatives Are Leading the Way as States Enact Criminal Justice Reform"

"Civilizing Criminal Settlements"

Bad enhancement bill boosts pressure for false convictions

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On Monday in the House Criminal Jurisprudence Committee, Rep. Todd Hunter has a bill up - HB 2908 - that contains no redeeming qualities that I can tell. Grits dislikes everything in it below the author's name.Essentially it makes offenses motivated by bias against a police officer hate crimes and jacks up up already-enhanced penalties for assaulting a cop. These penalties are already so high they can and do coerce false convictions. In San Antonio, Officer Matthew Belver beat Carlos Flores while handcuffed, then accused him of assaulting a peace officer. Flores pled no contest to avoid the possibility of a very long sentence, even though video of the incident shows he was not the aggressor and did not assault the SAPD officer. (The Bexar DA's Conviction Integrity Unit later discovered Mr. Flores was innocent and convinced the courts to overturn his conviction.)So the penalties facing Mr. Flores were already so severe that he pled no contest rather than risk a trial.…

Marijuana Policy Within Professional Sports -- Arguments For and Against League Acceptance and Player Use

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In my Marijuana Law, Policy & Reform seminar, there is often interest in exploring how professional sports leagues deal with marijuana issues (and the issue changes dynamically nearly every year). This year is no different, and I am excited to review the materials and hear the presentation of this year's...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/tymcbpgKLjM" height="1" width="1" alt=""/>

Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal

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are here. The usual disclaimers apply. Rank Downloads Paper Title 1 4,000 Encryption Workarounds Orin S. Kerr and Bruce Schneier The George Washington University Law School and Harvard University - Berkman Klein Center for Internet & Society Date posted to...

Risperdal – One Drug Johnson & Johnson Likely Wishes Would Just Go away

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Lawsuits involving potentially dangerous or defective drugs are extremely common today. One example that’s been in the news recently is Risperdal, a drug manufactured by Johnson & Johnson for the treatment of bipolar disorder, schizophrenia, and the irritability that can result in those with autism. Countless lawsuits have been filed against the pharmaceutical giant in recent months after young male patients taking Risperdal have reportedly developed female breasts, according to an article at Bloomberg.  In fact, last year Johnson & Johnson had to pay $70 million in damages after a Philadelphia jury sided with a teen from Tennessee, the largest amount ever awarded in a case involving Risperdal. Earlier this month there were some 18,500 pending lawsuits across the U.S. and Canada involving injury from taking the drug, a condition known as gynecomastia (breast growth in males) against J & J and Janssen Pharmaceuticals, its subsidiary. The majority of the…

Our police state must be dismantled, one step at a time

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Today’s blog entry began as a discussion of the junk science of field sobriety tests for DWI cases, particularly the junk science of horizontal nystsagmus testing for blood alcohol level ranges, which cannot be correlated. However, as I developed the next paragraph below, I recognized that my field sobriety test blog will come separately on a later day, to focus further on my eternal campaign to reverse and dismantle the Nation’s police state. Police officers learn information overload all too fast at the police academy. On a police officer’s first day alone in his or her cruiser, the officer’s mind is swimming with information and training on using his handgun, slapjack, asp, billyclub, mini-shocker, taser, handcuffs, speed detectors, lights, and sirens; taking control of each situation; avoiding injury to the officer and others; pursuing alleged perpetrators at high speed; using escalating amounts of force; arresting; issuing tickets and…

Saturday Night Open Thread

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I've been completely uninterested in writing about Donald Trump this week. He just sucks the positive energy out of everything. The reality may be that our country is now being run by a family of three blind mice, with no relevant experience,... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

NYTimes: What the Repeal of Online Privacy Protections Means for You

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NYTimes: What the Repeal of Online Privacy Protections Means for You by Brian X. Chen: What online privacy rules did Congress overturn? Congress voted to overturn rules created by the Federal Communications Commission in October that required broadband providers to … Continue reading →

Morning Radio: Albeniz

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Sunday.Off point.Rest.Iberia and Albeniz.Spain in the morning.Where classical meets the new age.Or, where George Winston and Liz Story meets classical.

Will Sessions Revive the “War on Drugs”?

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After decades, it seemed there was finally a general bipartisan consensus – even if unspoken by some – that the so-called, “War on Drugs” was a failed one. Formally kicked off and coined in 1971 by President Nixon, it began with a primary focus on drug addiction treatment. However, it morphed over the next decade with the Reagan’s, “Just Say No” campaign to one of heavy-handed enforcement, including harsh minimum mandatory penalties on even low-level, non-violent drug offenders.  But there was a recognition over time that this hyped enforcement did little to curb drug use, didn’t make communities safer and actually had a disproportionate impact on lower income and minority communities. In the last decade, there has been a reversing trend that once again focuses on treatment and has peeled back some of the tougher penalties for low-level drug crimes. Marijuana is now legal in most states (including Florida) for medicinal…

Title IX Subject of Engel Talks at HLC

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Joshua Engel will be presenting at the Higher Learning Commission Conference in Chicago on April 3, 2017. Engel will be speaking on Title IX issues.  Engel’s focus will be on best practices that colleges and universities can follow based on recent court decisions involving the due process rights of students. Engel has brought a number of Title IX complaints against schools throughout the nation.  Read more here. The post Title IX Subject of Engel Talks at HLC appeared first on .

Top-Ten Recent SSRN Downloads in Criminal Law eJournal

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are here. The usual disclaimers apply. Rank Downloads Paper Title 1 587 Law, Virtual Reality, and Augmented Reality Mark A. Lemley and Eugene Volokh Stanford Law School and University of California, Los Angeles (UCLA) - School of Law Date posted...

Encouraging new crime data from two big US cities


"Briefing the Supreme Court: Promoting Science or Myth?"

Diving into issues presented by marijuana in the workplace

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As readers know from recent posts, my Marijuana Law, Policy & Reform seminar students deep into their class presentations and we have a big final few weeks afoot. One student this coming week is looking at labor and employment law issues, and here are the materials this student has prepared...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/RbWpQ2Iq0s0" height="1" width="1" alt=""/>

Home Depot Retail Fraud Arrest

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Retail fraud at Home Depot typically occurs in several different ways:  Concealing merchandise with the intent to steal Trying to push merchandise out the store Continue reading

D.Mass.: Evidence that officer condoned CI planting evidence survives MSJ

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Plaintiff had enough evidence of CI misconduct in planting evidence and police turning a blind eye toward it to survive summary judgment. Santiago v. Lafferty, 2017 U.S. Dist. LEXIS 49177 (D. Mass. March 31, 2017): From these and similar facts … Continue reading →

BGer 6B_1132/2016: Verletzung des Strafzumessungsprinzips im Zusammenhang mit der Beteiligung an einer kriminellen Organisation (Art. 260ter StGB)

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Das Bundesgericht bestätigte im Entscheid 6B_1132/2016 vom 7. März 2017 den Schuldspruch gegen eine Person infolge Beteiligung an einer kriminellen Organisation. Es sah die inkriminierten Aktivitäten wie Informationsaustausch, Koordination oder Schleusung von ISI- resp. ISIS-Mitgliedern als erwiesen an. Der „Islamische Staat im Irak“ (ISI) respektive dessen Nachfolgeorganisation „Islamischer Staat im Irak und in Syrien“ (ISIS) beziehungsweise – neuer – der „Islamische Staat“ (IS) seien offensichtlich und unstreitig kriminellen Organisationen im Sinne von Art. 260ter StGB (Erw. 6.1).Vielmehr stellte das Bundesgericht aber das Strafmass des Bundesstrafgerichts in Frage. Die Einsatzstrafe von 4 Jahren und 4 Monaten für eine mit einer Höchststrafe von 5 Jahren bedrohte Beteiligung an einer kriminellen Organisation sei auffallend hoch. Wie weit das „Hinarbeiten auf einen nicht näher definierten…
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