Ohio Gov (and GOP Prez candidate) links Obamacare and crime/recidivism reduction
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National Council of State Legislatures resolves that feds should butt out of state marijuana policy reforms
At a conference this past week, the National Council of State Legislatures passed this notable resolution urging the federal government to revise federal marijuana laws in order to allow states to move forward without intereference with with state marijuana laws permitting the legal production and use of the plant. The...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/nJ2J5mSj0dM" height="1" width="1" alt=""/>
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Drug Dealers, Prey or Predator?
Heather Mac Donald exposes the myth that drug enforcement creates criminals out of otherwise productive, peaceable young men who never had a chance. In her article in The City Journal, she aptly sums up the reigning academic wisdom painting The System as a monstrosity and the drug dealer as the would-be Jean Val Jean: [Leftist author Alice] Goffman contends that it is the legal system itself that is creating crime and dysfunction in poor black communities. Young men get saddled with a host of allegedly petty warrants for having missed court dates, violated their parole and probation conditions, and ducked the administrative fees levied on their criminal cases. Fearful of being rounded up under these senseless procedural warrants, they adopt a lifestyle of subterfuge and evasion, constantly in flight from an increasingly efficient and technology-enhanced police force. "Once a man fears that he will be taken by the police, it is precisely a stable and public…
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TRIP TO SCOTLAND PROMPTS COMPARISON OF DUI/OVI LAWS
I thought they were all drunk: they were driving on the wrong side of the road. But they weren’t drunk, they were just driving in Scotland. And so was I. I drove on the left, sat on the right, and shifted with my left on the endless roundabouts and turns. I navigated all the sheep, stone walls, and cliffs as I drove from the English countryside to the Scottish highlands, so I consider my recent holiday a driving success. The trip prompted me to compare the drunk driving laws of Ohio to the ‘drink driving’ laws of Scotland. My rental car, brilliantly parked outside our B&B in Portree on the Scottish Isle Of Skye. Scotland has a lower ‘per se’ alcohol limit than Ohio. In Ohio, it is illegal to drive at or above an alcohol level of .08%. In Scotland, where the drinking age is 18, the prohibited alcohol level changed in December of 2014 to .05%. That limit is lower than the rest of the United Kingdom, which remains at .08%, but higher than some…
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Orange County Real Estate Executive Found Guilty of Fraud
Michael J. Stewart, 68, of San Clemente was found guilty in federal court of 11 counts of mail fraud. It took the jury six hours to reach their verdict against a man who once had a thriving real estate investment firm. Stewart, co-woned the firm Pacific Property Assets (PPA) along with John J. Packard, 65 of Long Beach. Packard had earlier pleaded guilty to one count of fraud in exchange for his cooperation and testimony against Stewart. PPA was founded in 1999 and took advantage of the strong real estate market. PPA would obtain bank loans and cash from private investors to buy fixer-upper apartment buildings in California and Arizona. After the properties were remodeled, they would then sell them for a significant profit. However, when the real estate market collapsed, so did PPA’s profits. By 2008, PPA was losing an estimated $2 million per month. The prosecutor argued to the jury that when PPA began to lose money, they…
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One Vehicle Rollover Crash Near Malta
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 08/08/2015 at 5:10 p.m. Please direct questions to the District Office At this time, Idaho State Police is investigating a one vehicle rollover crash eastbound Interstate 84, at milepost 254, near Malta. Both eastbound lanes of travel are blocked at this time. Motorists are encouraged to use caution when traveling through the area. More information will be released as it becomes available. KJ / MC -------------
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Injury Crash Near McCammon
Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 8/8/2015 5:07 p.m. Please direct questions to the District Office On Saturday, August 08, 2015, at 2:49 p.m., the Idaho State Police investigated a single-vehicle injury crash on Interstate 15 near McCammon. Jack Gilbert Jr, 59, of Rio Rancho, New Mexico, was driving a 2010 Victory motorcycle. Gilbert was southbound on Interstate 15, taking the exit for McCammon at milepost 47 when he hydroplaned and crashed on the off-ramp. He was wearing a helmet and was transported by ground ambulance to Portneuf Medical Center in Pocatello. This crash is under investigation by the Idaho State Police. KL/BJ
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Zhong on Remorse in Criminal Law
Rocksheng Zhong , Madelon Baranoski , Neal Feigenson , Larry Davidson , Alec Buchanan andHoward Zonana (University of Pennsylvania , Yale University , Quinnipiac University - School of Law , Yale University , Yale University and Yale University) have posted...
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Trump Steps In It Again
Trump is in the doghouse again, this time due to reactions by fellow Republicans to comments he made about Fox News Host Megyn Kelly after the Republican debate. Trump told CNN Kelly "had “blood coming out of her eyes, blood coming out of... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Deadly Force Didn’t End With Michael Brown
Memorial for Michael Brown on August 22, 2014 in Ferguson, Missouri. Joshua LOTT/AFP/Getty Images Since Darren Wilson fatally shot unnamed Michael Brown last August in Ferguson, Missouri, we have been bombarded with images across the country of police officers using unnecessary or excessive force. Brown’s death set off protests throughout the country, establishing a new wave of activism, which has generated supporters/allies both online and in community groups around the world. Recently formed advocacy groups, mostly lead by millennials have forced elected officials and community members to grapple with questions of 21st-century policing. Furthermore, according to an analysis by the Associated Press, twenty-four states have passed a total of at least forty new measures addressing officer-worn cameras, training about racial bias, independent investigations when police use force and new limits on the flow of surplus military equipment to local law enforcement agencies.…
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Update - One Vehicle Rollover Crash Near Malta
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 08/08/2015 at 11:01 p.m. Please direct questions to the District Office *****Update***** All eastbound lanes of travel are open at this time. More information will be released as it becomes available. KJ / MC *****End of Update***** At this time, Idaho State Police is investigating a one vehicle rollover crash eastbound Interstate 84, at milepost 254, near Malta. Both eastbound lanes of travel are blocked at this time. Motorists are encouraged to use caution when traveling through the area. More information will be released as it becomes available. KJ / MC -------------
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Selbstleseverfahren, Band 122
Auch in der Urlaubszeit: Unser Wochenrückblick im Selbstleseverfahren Foto: PlaceIt.net „Im Camp wird unser Grundgesetz nicht eingehalten“ und Schweigen, verschleiern, lügen Vergewaltigung durch Flüchtlinge in Holzkirchen war frei erfunden Ein Justizminister, der die Justiz verrät Netzpolitik.org-Affäre: Zurück zur Inquisition Abhängige Staatsanwälte: Und das ist auch gut so Rape Culture: Mit der Sexualpolizei auf Streife Zwei Teenager verprügeln fünf Polizisten in Berlin Die tollste Form des Journalismus „Beim Autofahren hört der Verstand auf“ Jetzt erst Recht! Das Bayerische Maßregelvollzugsgesetz (BayMRVG) tritt in Kraft — Hinweis: Wir haben unsere Feed-Adresse aktualisiert: http://www.strafakte.de/feed/ Bitte aktualisieren Sie die Adresse demnächst in Ihrem Feed-Reader, um sicherzustellen, dass Sie auch weiterhin den Feed erhalten. © Strafakte.de: Twitter…
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Final Update - One Vehicle Rollover Crash Near Malta
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 08/08/2015 at 1:30 a.m. Please direct questions to the District Office On August 8, 2015, at approximately 4:27 p.m., Idaho State Police investigated a single vehicle rollover crash eastbound on Interstate 84, at milepost 254, near Malta. John Bisengimana, age 35, of Boise, was driving eastbound in a 2005 Nissan Xterra. Bisengimana drove off the left side of the roadway, overcorrected, and came back onto the roadway. The vehicle left the roadway once more before it rolled. The vehicle came to rest facing westbound in the eastbound lanes of travel of the Interstate. A passenger in the vehicle, Rose Uwimana, age 47, of Boise, was not wearing her seatbelt and was…
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When There’s Nothing Under The Rock To Find
A few years back, I found myself amazed and appalled by feminist lawprof Ann Bartow’s ability to find a spin that turned almost anything into a sexist icon, whether for good or evil. I imagined she spent her days looking under rocks to find things to be outrage about, and wondered what she would do if the day ever came when she couldn’t come up with an outrage that passed the laugh test. At Huff Post, such a post surfaced. “Black Twitter” said it once, but let’s say it again: It is not cool for white women to wear black hairstyles. It is not cute. It is not flattering. When white women wear black hairstyles, it’s a slap in the face to black women. Black men are being gunned down in the street by police at shocking rates. Sandra Bland ended up dead in a jail cell. And the pressing question is “she stole my hairstyle”? The gripe is “cultural appropriation,” and it has to be a real thing because the New…
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Due Process On Campus: We Treated Nazi War Criminals Better
Following World War II, the Allies, including the United States, dedicated their efforts to trying Nazis for the atrocities committed. I was reminded of this when St. John’s lawprof John Q. Barrett sent out his latest Jackson List email*. On August 8, 1945, Justice Robert H. Jackson and his Allied Nation counterparts signed the historic London Agreement. It created the International Military Tribunal and, in a Charter annexed to the Agreement, prescribed the IMT’s constitution, jurisdiction and functions. The London Agreement fulfilled and advanced Allied leaders’ declarations during World War II that the major German Nazi leaders were international law violators, that their offenses transcended particular locations and affected more than particular victims, and that these criminals thus should be, after their military defeat and captures, punished by an Allied international process. To call the Nazis, and the atrocities they committed, criminals is…
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You’ll Never Believe Why Stamford & Greenwich Connecticut Risk of Injury Arrests Are on the Rise
There’s an unconstitutional, patently unfair, catch-all felony crime in the Connecticut penal code that is the thorn in the side of every top Stamford and Greenwich Connecticut criminal lawyer. It’s an arrest for Risk of Injury in Stamford, Darien, New Canaan or Greenwich Connecticut under CGS 53-21, and they are more popular than ever. Why? For starters, the statute is so broadly written that sneezing in your kid’s face could qualify for an arrest. And with today’s CYA / cover-your-butt mentality of Connecticut cities and municipalities, Greenwich, Stamford, Wilton, and Darien police are tacking on Risk of Injury arrests to almost any domestic violence arrest where a child under 16 is in earshot. Can anything be done? Plenty. Keep reading to learn how you may be able to get your 53-21 Risk of Injury arrest in Stamford, Greenwich, Darien, New Canaan, and Ridgefield Connecticut dismissed as quickly as possible… The Sweeping Statutory…
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Ohio Auditor draws fascinating parallel between margarine and marijuana prohibitions in Ohio
The state-wide elected (Republican) Auditor of Ohio, Dave Yost, has penned this fascinating new commentary headlined "Ohio marijuana proposal echo cautionary tale of margarine prohibition." The whole piece merits a full read, and here are some of the historical insights and lessons Auditor Yost presents: Margarine prohibition ended in Ohio...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/Ofx796ZhGFQ" height="1" width="1" alt=""/>
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Top-Ten Recent SSRN Downloads
in criminal law and procedure ejournals are here. The usual disclaimers apply. RankDownloadsPaper Title 1 1,992 Concealed Carry Permit Holders Across the United States John R. Lott, John E Whitleyand Rebekah C. Riley Crime Prevention Research Center, Crime Prevention Research...
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Private Ordering in Corporate Litigation
Verity Winship, Shareholder Litigation by Contract, __ B.U. L. Rev. (forthcoming, 2015, available at SSRN. D. Gordon Smith The debate over litigation bylaws has been percolating in Delaware for several years, but it shifted into high gear last year, when the Delaware Supreme Court held unexpectedly that a fee-shifting bylaw was “facially valid.” ATP Tour, Inc. v. Deutscher Tennis Bund, 91 A.3d 554, 558 (Del. 2014). This decision prompted discussion of a corporate litigation crisis, which seems to have abated with action this summer by the Delaware General Assembly, passing legislation prohibiting fee-shifting bylaws and charter provisions for Delaware stock corporations. This legislation also addresses forum selection clauses, authorizing bylaws, or charter provisions designating Delaware as the exclusive forum for claims relating to “internal affairs” and prohibiting provisions designating courts outside of Delaware as the exclusive forum…
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"Arbitration by Combat"
An article on Game of Thrones, trial by combat, and arbitration that I coauthored with Raj Shah is now available on SSRN. You can download the full paper here. Here is the abstract:Trial by combat is a popular method of dispute resolution in the Game of Thrones universe. While modern legal systems reject trial by combat as an unjust and barbaric practice, this article examines whether trial by combat may be employed as a means of private dispute resolution in the United States. This article evaluates whether ‘arbitration by combat’ provisions based on Game of Thrones and various historical approaches to trial by combat would be upheld by state laws and protected under the United States’ Federal Arbitration Act (FAA). This article concludes that while Game of Thrones-style arbitration by combat may violate state contract and criminal laws, arbitration by combat that conforms to less-violent historic practices may survive state law challenges and may even fall…
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