Roberta S. Karmel (Brooklyn Law School) has posted The Law on Insider Trading Lacks Needed Definition (Southern Methodist University Law Review, Forthcoming) on SSRN. Here is the abstract: Insider trading is not defined in the federal securities laws but is...
Karmel on The Need for a Definition of Insider Trading
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**Final Update** Two Vehicle Crash South of Aberdeen
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: 05/29/2015 9:05 p.m. Please direct questions to the District Office ** Update ** On Friday, May 29, 2015, at approximately 4:20 p.m., the Idaho State Police investigated a two vehicle crash on State Highway 39, near Aberdeen. Ethan Ferry, 19, of Meridian, was traveling northbound on SH39 in a 2009 Honda Civic. Ferry had slowed to make a left hand turn onto Funk road and was waiting for oncoming traffic. Jamie Gallegos, 29, of Aberdeen, was also traveling northbound on a 2002 Yamaha motorcycle. Gallegos attempted to pass several vehicles that had slowed and struck Ferry's vehicle during the turn. Gallegos was ejected from the motorcycle and succumb to his injuries on scene.…
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Rubin on Prison Diffusion
Ashley T. Rubin (Florida State University - School of Criminology and Criminal Justice) has posted A Neo-Institutional Account of Prison Diffusion (Law & Society Review, Vol. 49:2, pp. 365-400, 2015) on SSRN. Here is the abstract: Interest in legal innovations,...
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Lawyers Face Disbarment for Setting up DUI Arrest
Three lawyers apparently thought that they could win some favor with a jury by arranging a DUI arrest for the attorney opposing them. It’s unlikely that any recent case of DUI in Los Angeles has as convoluted a back tale as this one. It all goes back to 2012-2013, when Todd “MJ Kelli” Schnitt, a conservative radio talk show host in Tampa, Florida, sued a rival from another station. Schnitt’s lawsuit alleged that Bubba the Love Sponge Clem (that really is the name he uses) had defamed Schnitt and his wife Michelle during several radio shows. (For example, he called Michelle a whore at one point.) A jury eventually found in Clem’s favor. But even as the trial was going on, there was another drama taking place behind the scenes. Robert Adams, Stephen Diaco, and Adam Filthaut, the attorneys representing Clem, apparently arranged for their legal secretary, Melissa Personius, to flirt with Schnitt’s attorney, Phil Campbell, in a bar. Her job was to…
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City’s DUI Saturation Patrols Yield Six Arrests in One Weekend
Angels Camp, California, may have a heavenly-sounding name but during the weekend of May 15-17th the behavior of drivers in the area was more on the devilish side. While six arrests for a Los Angeles DUI within a few days may not be surprising—LA does have more than 3.8 million residents—it is a pretty big number in a city like Angeles Camp, which has a population of less than 4,000. A grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration paid for officers to conduct “saturation patrols” to look for DUI drivers. According to mymotherlode.com, those picked up under sweep included: • Rodney OConnor, age 46. Police stopped him after he failed to stop at a stop sign. They found that he was driving under the influence. • Officers arrested Robert Matt, age 46, for DUI after stopping him for crossing over a double yellow line. • Coty Matulovich, age 28, didn’t have license plates on…
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Was zu erwarten war
Über den „Rabauken-Jäger“ und die eigenartige Rechtsauffassung der Staatsanwaltschaft Neubrandenburg und des AG Pasewalk hatte ich bereits in der vergangenen Woche berichtet. Der Nordkurier hatte über einen Jäger berichtet, der ein totes Reh an der Anhängerkupplung seines PKW über die Bundesstraße 109 schleifte und ihn deswegen als „Rabauken-Jäger“ bezeichnet. Dem Amtsgericht Pasewalk war diese vermeintliche Beleidigung 1.000 Euro Geldstrafe gegen den verantwortlichen Redakteur wert. Strafantrag durch Sitzungsvertreter der Staatsanwaltschaft In einem Kommentar zum Urteil setzte Nordkurier-Chef Lutz Schumacher noch einen obendrauf und bezeichnete die Akteure als „Rabauken in Richter-Roben“. Es war zu erwarten, dass dies zu einer Reaktion führen würde, die bereits am Tag nach der Veröffentlichung in einem Strafantrag des Sitzungsvertreters der Staatsanwaltschaft Neubrandenburg vorlag.…
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Feminism Devouring Itself
Dr. Kipnis wrote once in a “slightly mocking tone” about neo-feminism run amok. Having long since established her own feminist bona fides, she thought herself above the fray, a voice not so easily disparaged by cries of hater and misogynist. When Northwestern prof Laura Kipnis wrote again at the Chronicle Review, there was nothing funny about it. When I first heard that students at my university had staged a protest over an essay I’d written in The Chronicle Review about sexual politics on campus — and that they were carrying mattresses and pillows — I was a bit nonplussed. For one thing, mattresses had become a symbol of student-on-student sexual-assault allegations, and I’d been writing about the new consensual-relations codes governing professor-student dating. Also, I’d been writing as a feminist. And I hadn’t sexually assaulted anyone. The whole thing seemed symbolically incoherent.…
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Suicide By Cop and The Free Kill
Suicide by cop is a thing. The police have come to recognize it and, in a bizarre twist of logic, felt the freedom of being able to shrug off the pull of the trigger because he wanted to die anyway. But then, sometimes a guy doesn’t really want to die, doesn’t really mean to kill himself. Many people who threaten suicide do so as a cry for help, not to achieve the end result of their own death. But that’s a nuance, like many others, that can elude a police officer. So when the trigger gets pulled, it no longer matters whether it was a person bent on committing suicide or just crying for help. He’s dead. Accomplishment unlocked. Who knows what Justin Way had in mind as he lay in bed with a knife. He was drunk. He got the crap beaten out of him when he lost his job. He was feeling bad. Real bad. On May 11, Justin Way was drinking and threatening to hurt himself. Way’s live-in girlfriend, Kaitlyn Christine…
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Bandes on Civil Liberties and Jewish Culture
Susan A. Bandes (DePaul University - College of Law) has posted Civil Liberties and the 'Imaginative Sustenance' of Jewish Culture (16 Rutgers Journal of Law and Religion 238 (2015)) on SSRN. Here is the abstract: This short essay is included...
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In the courtroom battlefield, compassion must never make a lawyer hesitate to pull the proverbial trigger.
By Fairfax/Northern Virginia Criminal Defense/DWI lawyer Jon Katz. Pursuing the best outcome for felonies, misdemeanors, drugs, marijuana, sex crimes, prostitution, weapons, assault, and all other alleged crimes. Compassion and empathy are critical to winning in trial battle and to living a good life. However, a criminal defense lawyer has no business walking into the courtroom if s/he will let compassion, empathy, or anything else other than sound strategy make the lawyer hesitate to pull the proverbial firearm trigger during trial battle. Moreover, it is folly to think that one's opponents will use compassion or empathy to make them hesitate not only to pull the proverbial offensive firearm trigger, but also to take advantage of their opponent's hesitation, and maybe even to throw dirt in the opponent's eyes in the process. Persuasion might start as an inside job, but one cannot merely wish away an attacker…
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Extending Traffic Stop to Conduct Dog Sniff Unconstitutional
The Supreme Court has given us another reminder of why individuals should never consent to anything when approached by law enforcement conducting investigations. Police all too […]
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Misplaced criminal-jusice budget priorities
According to this summary (pdf) of the budget conference committee report, Texas will boost spending on corrections from general revenue by nearly half a billion dollars in the next biennium under the new budget, including 8% raises for correctional and parole officers and $139.4 million more for prison healthcare (which is still $35 million below what the agency said was needed to meet minimum standards.$6.7 billion in All Funds and $6.6 billion in General Revenue Funds and General Revenue Dedicated Funds is provided for the incarceration, probation, and parole of adult offenders in the Texas Department of Criminal Justice (TDCJ) which includes housing, security, classification, food and necessities, healthcare, and treatment services. General Revenue Funds are increased by $458.4 million for the 2016–17 biennium and include $188.0 million for an 8.0 percent pay increase for TDCJ correctional and parole officers, and a $139.4 million increase for Correctional Managed…
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Overdue Justice -- And Incapacitation -- From Old Rape Kits
Sharon Cohen has this article for AP on a renewed drive to test the DNA from old rape kits.In resurrecting old crimes, investigators have detected an alarming pattern: Many rapists are repeat offenders. In Cuyahoga County, home to Cleveland, about 30 percent of cases that have developed from testing so far are serial rape suspects. One of them, Robert Green, assaulted seven women over nearly a decade as evidence went unprocessed. He pleaded guilty last fall and was sentenced to up to 135 years in prison.I'm not sure I would have said "alarming." We have known that for a long time. The DNA provides irrefutable confirmation, though.Conviction does not always follow a DNA match, though. The statute of limitations may have run. A claim of consent may be hard to refute in a very cold case."It's great entertainment on television that in one hour's time, we have a crime, we take the sample, we get a `hit,' we arrest the…
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FACDL BANQUET TONIGHT
The annual self-congratlatory FACDL Banquet is tonight. Cocktails will be consumed. Speeches will be made. Awards will be bestowed. Dinner will be served (salmon or steak?)Judges angling for support will mingle. A capital time will be had by all. And thankfully, continuing a long and distinguished streak, we were not invited, and shall not attend. Enjoy the weekend.See you in court. Site Feed
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Roe-Sepowitz et al. on Victim's Experiences of Domestic Violence and Sex Trafficking
Dominique Roe-Sepowitz , Kristine E. Hickle , Jaime Dahlstedt and James Gallagher (Arizona State University (ASU) - ASU School of Social Work , University of Sussex , Arizona State University (ASU) - Sandra Day O'Connor College of Law and City...
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Third person sentenced in connection with death of Clay County detective
State prosecutors dropped the first-degree murder charges against a woman inside a home where two people were killed when police raided the suspected meth lab. Instead, the woman pleaded guilty to two counts of second-degree murder, one for the detective who was shot and the other for the man who shot the detective and was then killed by police, according to a report in the Florida Times-Union. The woman also pleaded guilty to two more drug charges and was sentenced last month to a combined 30 years in state prison, the newspaper reported. Had the state not reduced the first-degree murder charge, she would have been sentenced to mandatory life in prison. The only two sentences possible for first –degree murder are life in prison and the death penalty. The interesting piece of this Clay County Murder Case is that four people were charged with murder but never fired a shot. One was sentenced to two life sentences and another received 50 years in state prison. The…
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Police in Florida Cannot Enter Secured Property for Investigation Based on Anonymous Drug Tip
The right to privacy in one's home and on one's property is one of the strongest rights in the Constitution. The police are not allowed to come into one's home and search or ask questions without consent from the resident or a valid search warrant. The fact that the police in Florida have an anonymous tip that a resident is growing marijuana plants or engaged in any other illegal activity does not change that. However, if the police do get an anonymous tip of illegal activity and it is not sufficient for a search warrant, the police can normally walk up to the suspect's front door, knock and see if the occupant(s) will answer questions or let the police in to investigate. In this way, the police are entitled to the same access as any of member of the public who can walk up to a person's door and knock. One exception is if the front door is not easily accessible. For instance, if there is a fence surrounding the property or the home is otherwise…
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Why We’re #WearingOrange on June 2nd
Gun violence is a national issue that impacts tens of thousands of Americans each year. Each day 88 people lose their lives to firearms in the United States, and countless other lives are permanently and irrevocably altered. The causes of this epidemic of violence are complex, but there are organizations working around the clock to bring it to an end. Amnesty International USA is excited to be partnering with Everytown in their Wear Orange campaign in honor of all those affected by gun violence. This campaign is an opportunity to raise awareness of this issue and mobilize people throughout the United States to make a commitment to ending gun violence. Amnesty International has called attention to gun violence as a human rights issue and works to eradicate it. The Inspiration Hadiya Pendleton was shot and killed in Chicago, Illinois at the age of 15. She is one of over 11,000 victims of firearm- related homicides in the United States every year. The Wear Orange campaign…
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The Pyrite Standard
Here's the deal.We know that most of what passes for forensic "science," the CSI stuff that gets people put in prison forever, or executed, is bullshit.Bite mark comparison - bullshitTire track comparison - bullshitHair and fiber matching - bullshitBallistics - bullshitHandwriting comparison - bullshitFingerprints, yep fucking fingerprints - bullshitWe know that dog alerts mean nothing.We know that people confess to crimes they didn't commit.We know that lab techs fake results to get the results the cops and prosecutors want them to reach.We know that eyewitness identification is altogether unreliable.Really, the miracle is that we ever get it right, that sometimes the guy they say did it really did.Fortunately, we have DNA. You know, the gold standard. When the numbers come back and the guy in the white lab coat explains to the jury about alleles and genetic markers and says that there's a one in 623 septillion chance that the bit of…
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Can My Child Get Arrested for Sexting in New Canaan, Darien, Westport, Greenwich & Stamford Connecticut?
This past week, New Jersey prosecutors arrested 20 high school and middle school students for sexting and circulating nude photos of a female classmate, charging them all with felony invasion of privacy crimes. Similarly, as the top Stamford, New Canaan, Darien and Greenwich Connecticut juvenile criminal lawyers would tell you, Connecticut police and prosecutors are aggressively enforcing sexting laws, trying to put a stop to the dissemination and circulation of nude photos of students in cyberspace. As a result, parents of New Canaan, Darien, Westport and Fairfield Connecticut high school and middle school students are now wondering…is my kid going to get arrested in Connecticut for sexting? When Does Sexting in Connecticut Become A Crime? The Cape May, New Jersey probe began when a female student complained that naked photos of her best friend were being sexted and emailed among a group of male middle and high school students. As the school began to interview parents…
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