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Godsoe on Vagueness and Teen Sex Statutes

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Cynthia Godsoe (Brooklyn Law School) has posted Recasting Vagueness: The Case of Teen Sex Statutes (Washington and Lee Law Review, Vol. 74, pg. 173, 2017) on SSRN. Here is the abstract: When two minors below the age of consent have...

Encouraging new research about CBD as an effective treatment for Dravet syndrome

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As reported in this NBC News piece, headlined "Cannabis Drug Reduces Seizures in Severe Epilepsy Cases," some encouraging new research news was published in a major medical journal today. Here are the details: A compound taken from marijuana greatly helped some children with a severe and often deadly form of...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/xU7Jy_xF1q4" height="1" width="1" alt=""/>

Stern on Burke's "The Ex"

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Simon Stern (University of Toronto - Faculty of Law) has posted Narratives of Criminal Procedure from Doyle to Chandler to Burke (New England Law Review, Vol. 51, No. 2, 2017) on SSRN. Here is the abstract: Despite the considerable body...

What Is the Difference Between a Dismissal and Expungement?

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The post What Is the Difference Between a Dismissal and Expungement? appeared first on Gregory & Waldo 702-830-7925. “Case dismissed!” They are the two words that every defendant hopes to hear. You may think that they’ll serve to wipe the slate clean, but is having a criminal case dismissed as good as it sounds? Some people have learned to their dismay that the dismissal of their cases did not provide the relief for which they’d hoped. That’s because in contrast to a finding of innocence, a case dismissal may have occurred only because: The judge or jury failed to find probable cause. You were the victim of an illegal stop or seizure. You completed a program of treatment or public service. A key prosecution witness refused or was unable to testify. The evidence against you lacked the quality and substance required to prove your guilt. The way in which your case was dismissed is another vital consideration. If the courts have dismissed it…

Litigating Suggestive Identification Procedures

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byJill Paperno,Author of "Representing the Accused: A Practical Guide to Criminal Defense"Sometimes we don't think about all of the factors that must be considered at a Wade hearing.  Sometimes judges tell us the preliminary conversations between witnesses and the police are not relevant.  In People v Gambale (2017 NY Slip Op 03658 [4th Dept May 5, 2017), the Fourth Department provided support for our need to be expansive in our Wade litigation and our claims that we are entitled to explore these details.Gambale involved a set of facts we often encounter and may not be sufficiently attuned to.  A robbery occurs at a hotel.  The police believe they know who the perpetrator is, and contact the suspect's parole officer.  In calling, the investigator "inquired about her role as a parole officer for defendant and her familiarity with him. Upon confirming that the parole officer was familiar with defendant, the investigator proceeded…

War on Drugs? Texas Criminal Defense Lawyer Weighs!

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Attorney General Jeff Sessions may be shifting the country back to the harsh policies of the 1980s. The “war on drugs” was a policy created by the Nixon Administration in the early 1970s. Under the policy, courts adopted a no tolerance policy for drug offenses. The most noticeable effect of the policy was a massive increase in the U.S. prison population. The federal government also began to direct a large amount of funds toward federal drug control agencies. The policy also criminalized marijuana possession. Although 11 states decriminalized it between 1973 and 1977, and the Senate Judiciary Committee voted in 1977 to decriminalize it at the federal level, the policy had already taken root in American culture. Many states and cities launched their own zero tolerance policies for even minor drug offenses. Throughout the 1980s, the public became increasingly concerned with illegal drug use. As a result, drug-related incarceration rates soared. By 1997, the number of…

Garrett et al. on CEO's and Corporate Prosecution

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Brandon L. Garrett, Nan Li and Shivaram Rajgopal (University of Virginia School of Law, Columbia University - Columbia Business School and Columbia Business School) have posted Do Heads Roll? An Empirical Analysis of CEO Turnover and Pay When the Corporation...

JUEVES

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El frío y la neblina del Amanecer no permiten Ver el tenue azul de la Esperanza. Hoy es jueves el mismo de ayer Y de mañana, de invierno o de Verano poco importa, es de trabajo De peones y putas, de confort Palaciego de oscuros presagios. ¿Dónde está el amor? Enfrentado en desigual lucha Con el odio. ¿Dónde está la bondad? En las fauces de la crueldad. ¿Dónde el honor y valor? Perdidos en el laberinto Del miedo. ¿Dónde la lealtad? Carcomida por la traición. ¿Dónde la verdad incendiaria? Engullida por la mentira. ¿Dónde está el bien? Perdido en los meandros del mal. ¡¿Dónde está el jueves?! Ha muerto me dicen, ¡¿Señor Presidente quién lo recordará?! Guillermo Anderson Anderson 25-05-2017

Steer Clear of a DWI Arrest on the Water this Memorial Day Weekend

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Memorial Day weekend means barbecues and pool parties with family and friends to officially kick-off the summer. For many folks, this weekend will be the first time to have their boat on the water this year. Before you head out…Read more ›

Conrad & Clements on Vanishing Jury Trials

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Robert James Conrad Jr. and Katy Lynn Clements (United States District Court Western District of North Carolina and University of North Carolina (UNC) at Chapel Hill - School of Law) have posted The Vanishing Criminal Jury Trial: From Trial Judges...

The Travel Ban Case and the Fallacy of Assuming the Conclusion

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One thing that really makes my eyes roll is seeing someone state the question presented in a case in a way that assumes one side of a hotly disputed point and then phrases the "question" as something that no one would dispute based on that assumption.  It's bad enough when advocates do it.  It is inexcusable for a judge to do it.  For the majority of a U.S. Court of Appeals en banc to join an opinion doing that is a head-shaker.  The Fourth Circuit opinion in the travel ban case, International Refugee Assistance Project v. Trump, No. 17-1351, begins:The question for this Court, distilled to its essential form, is whether the Constitution, as the Supreme Court declared in Ex parte Milligan, 71 U.S. (4 Wall.) 2, 120 (1866), remains "a law for rulers and people, equally in war and in peace." And if so, whether it protects Plaintiffs' right to challenge an Executive Order that in text speaks with vague words of national security,…

Attorney Christy Jack to Receive Public Service Award

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Christy Jack, a nationally recognized trial attorney from Fort Worth, has been selected to receive the esteemed Daniel H. Benson Public Service Award from the Texas Tech Law Alumni Association. The award recognizes an alumnus who has demonstrated significant and substantial contributions to furthering ideals of public service in the law. Jack, a 1991 graduate of Texas Tech University School of Law, said she is honored to receive an award based on a principle that has guided her 25-year legal career – first as prosecutor and now as a defense attorney. “Public service comes in many forms and there’s a place for it on both sides of the courtroom,” Jack said. “There is an abundance of opportunities in the criminal justice system for those who love the law and feel the need to serve others.  I am grateful to those who have placed their trust in me over the years.” Jack’s imprint on the Texas legal community is vast. After…

Attorney Christy Jack to Receive Public Service Award

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Christy Jack, a nationally recognized trial attorney from Fort Worth, has been selected to receive the esteemed Daniel H. Benson Public Service Award from the Texas Tech Law Alumni Association. The award recognizes an alumnus who has demonstrated significant and substantial contributions to furthering ideals of public service in the law. Jack, a 1991 graduate of Texas Tech University School of Law, said she is honored to receive an award based on a principle that has guided her 25-year legal career – first as prosecutor and now as a defense attorney. “Public service comes in many forms and there’s a place for it on both sides of the courtroom,” Jack said. “There is an abundance of opportunities in the criminal justice system for those who love the law and feel the need to serve others.  I am grateful to those who have placed their trust in me over the years.” Jack’s imprint on the Texas legal community is vast. After…

Aggravated Assault on a Peace Officer in Arizona

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In a recent unpublished opinion, an Arizona woman appealed convictions for aggravated assault and resisting arrest. The case arose when a deputy sheriff was patrolling and was dispatched to a domestic violence incident. When he got there, he saw two kids outside the defendant’s home, and one was emotional. The kid told the deputy what was happening inside, so he approached the home. He heard a man yelling inside the house and saw the defendant sitting on a couch inside. He knocked on the door and made eye contact with the defendant. She didn’t open the door, so he knocked some more. She let him into the house but immediately shoved him against the wall. He told her to stop, but she said she wouldn’t stop. He took her to the ground to get control, and she punched him numerous times in the arms and legs. He took out his Taser, and then she stopped resisting. The deputy’s finger was cut. The woman was arrested for disorderly conduct and aggravated assault…

Denno on Courting Death

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Deborah W. Denno (Fordham University School of Law) has posted Courting Abolition (Book Review) (Harvard Law Review, Vol. 130, pp. 1827-76, 2017) on SSRN. Here is the abstract: This Review of Courting Death offers a different take on two of...

Crash on I84 West of Simco Rd. Blocks traffic

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 5/25/17 4:20 p.m. Please direct questions to the District Office At this time, Idaho State Police is responding to a crash westbound on I84 at milepost 73, one mile west of Simco Rd. All lanes of westbound traffic are currently blocked. Motorists should expect significant delays in the area. 3413/3639 -------------

A Sidelight to the Fourth Circuit's Travel Ban Case

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Kent noted today's travel can case, decided in an opinion written by Chief Judge Roger Gregory of the Fourth Circuit.There is an interesting story about how Judge Gregory got his job.  It contains a warning for Republicans. In the late 1990's, Judge Gregory was a Richmond law partner of Gov. Doug Wilder, a Democrat.  He was the first black Governor of Virginia, and the first elected black governor in the country since Reconstruction.In December of 2000, President Clinton nominated Gregory to the Fourth Circuit.  The Senate Judiciary Committee, then chaired by Republican Orrin Hatch, declined to vote on the nomination, although Gregory had at least the nominal support of Virginia's two senators, John Warner and George Allen, both Republicans.  I strongly suspect, although I can't swear, that the two senators' principal concern was not with the nominee's scholarship or theory of law, but with the fact that they did not…

Not All Warrantless Searches of Probationers Are “Directly Related” to Probation Supervision

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Since 2009, all North Carolina probationers are subject to a regular condition of probation allowing warrantless searches of their person, vehicle, and premises by a probation officer. Under legislation passed that year, those searches must be for purposes “directly related to the probation supervision.” G.S. 15A-1343(b)(13). How related to probation must a search be to be “directly related”? A recent case sheds some light. The case is State v. Powell. Danny Powell was on probation for felony breaking or entering. Like all probationers, he was subject to warrantless searches by his probation officer. In 2015, he was one of seven or eight probationers identified by local probation authorities as targets to be searched by an interagency task force led by the U.S. Marshals Service. One evening, a team made up of three North Carolina probation officers (none of whom was Powell’s supervising officer), a police officer, and two or three marshals searched…

Update - Crash on I84 West of Simco Rd. Blocks traffic

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 5/25/17 4:52 p.m. Please direct questions to the District Office UPDATE: ----------------- The right lane of westbound travel has been re-opened, however, the left lane is still blocked and motorists should still expect delays. 3413/3639 Original Release: ----------------- At this time, Idaho State Police is responding to a crash westbound on I84 at milepost 73, one mile west of Simco Rd. All lanes of westbound traffic are currently blocked. Motorists should expect significant delays in the area. 3413/3639 -------------

Vasiu & Vasiu on Malicious Cyber Activity

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Ioana Vasiu and Lucian Vasiu (Babes-Bolyai University - Faculty of Law and Independent) have posted Malicious Cyber Activity Distribution, Attribution, and Retribution (In "Advanced Cyberlaw and Electronic Security", Accent Publishing (2017, Forthcoming)) on SSRN. Here is the abstract: Malicious activity...
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