John T. Holden and Ryan M. Rodenberg (Florida State University and Florida State University) have posted The Sports Bribery Act: A Law and Economics Approach (Northern Kentucky Law Review, Vol. 42, No. 3, 2015) on SSRN. Here is the abstract:...
Holden & Rodenberg on The Sports Bribery Act
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One Vehicle Roll Over on I15
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: 01/29/16 9:08 P.M Please direct questions to the District Office On Friday, January 29, 2016, at approximately 6:15 P.M., Idaho State Police investigated a one vehicle roll over crash on Interstate 15, near milepost 25, in Bannock County. Joseph Barcelon, 63, of Salt Lake City, UT, was driving northbound on I15 in a 2014 Ram 1500 pick-up. Joseph drove into the median and rolled the pick-up. All occupants were wearing seat belts. Joseph's passenger Randi Honsvick, 28, of Salt Lake City, UT, was transported by ground ambulance to Portneuf Medical Center in Pocatello, ID. JW / DO -------------
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ACTION ALERT: Challenging International Megan's Law in Federal Court
1-29-16 Washington DC: From: Galen Baughman To: Peter Romer-Friedman Sent: Friday, January 29, 2016 12:58 PM Subject: Challenging International Megan's Law in Federal Court Dear Leaders in Sex Offender Policy: If you're getting this message it's because I believe you can help me. A number of lawyers are working with me to lay the foundations for a legal challenge to International Megan's Law
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All For One, And None For The Monkey
About twenty years ago, a woman came up to me as I was walking into a school board meeting, to enlist my support for her neighborhood’s quest to save an unused elementary school from being sold and the land developed. Wasn’t open space important? Wasn’t it better to have a park than houses? Didn’t it add to the quality of life? Well sure. In a vacuum. And to her quality of life. But not to mine or anyone else in the school district who didn’t live in her neighborhood. And certainly not to the children who attended school in the district, or the taxpayers who supported the district, which needed funds to pay for the gold-plated pencils parents demanded for their poor, beloved babies in a district that already levied outrageous taxes. So many problems, on all ends, that needed fixing, but of all of them, the woman’s desire for a pocket park for her neighborhood was the least of them. That’s when it became clear that the empathy…
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Because It’s Pimptastic, And I’m An Admiral
A baby lawyer called me a “sarcastic, dismissive asshole” in the comments yesterday. I wasn’t offended and I didn’t deny it. It’s one of the good things about growing old, in contrast to the bad things like discovering painful body parts you never realized you had. You live through ties getting wider, then thinner, then going away and coming back. You live through hemlines going down, then up, then sideways and asymmetrical, a horrible look. A penthouse apartment in Chicago has come on the market that hasn’t been touched since the 1970s. I can well remember when the style was all the rage, when kitchen appliances were either Harvest Gold or Avocado Green, or out of fashion. Today, stainless steel is the preferred look. Back then, industrial would have been horribly unfashionable. What this means is that fashions change. When I visited Graceland, which remains today as it was when Elvis left the building, I wondered what young…
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Suing Connecticut Nursing Homes & Assisted Living Facilities for Assault, Rape and Neglect of Your Family Members
If you have any experience with some of the high-priced, country club style assisted living and nursing home facilities in Fairfield County Connecticut, then you know that despite paying thousands of dollars a day in boarding and service fees, you could nevertheless be provided with sub-par and oftentimes, incompetent staff and assistance. And over the past few years, top Connecticut personal injury lawyers who sue Connecticut nursing homes and assisted living facilities for negligence, or even physical or sexual assaults, have seen a decline in competence and supervision in some of the most reputable facilities. The physical assaults and rapes in these Connecticut assisted living and nursing homes can come from fellow residents, patients or even staff members themselves. Which raises the question…can you hold these big-company, deep-pocketed Connecticut nursing home / assisted living companies financially responsible for the pain and suffering of your loved ones who…
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eGhazi: Same BS IC story: different day
Josh Gerstein and Rachel Bade: The furor over Hillary Clinton's use of a private email account grew more serious for the Democratic presidential front-runner Friday as the State Department designated 22 of the messages from her account "top... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Air Pollution and Violent Crime: Is There a Link?
Previously viewed as manifestation of evil, criminality is now being studied as a cause of prevalent factors in a criminal’s environment. There have been recent studies linking the increase of criminal elements with how it is being influenced by society. But a new study is putting the blame on a more chemical level – air pollution. Violent Crimes and Air Pollution – The Correlation The National Bureau for Economic Research, according to its recent study, is trying to make a link between the rise of criminal incidents with the increase in air pollution levels. Information was gathered from meteorological data and the evaluated crime records from the Chicago Police Department. It shows that there is a significant increase in violent crimes in neighborhoods that are on the receiving end of blowing winds that carry tailpipe exhaust coming from major roads. Other Affecting Factors The study also mentions that other affecting factors, like income, may play in the…
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Which prisons, state jails might Texas close next?
Texas famously closed three prison units in recent years. Could we close more?After the Legislature raised property-theft thresholds to $2,500 last session, Grits expects downward prison-population trend lines to descend even further. And with legislators seriously discussing possible reductions in sentences for low-level drug possession, the possibility arises that Texas could close even more prison units in 2017, particularly so-called "state jails" (which in essence house people convicted of fourth-degree felonies, known in Texas penal-code parlance as "state jail felonies").To begin thinking about this question, Grits asked TDCJ's Jason Clark for a list of private prison contracts up next year, since those are the easiest units to close (because the state can simply not renew the contract and doesn't have to worry about closeout costs on the real estate). Two of the three units Texas closed so far have been private facilities.There are four…
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You be the state sentencing judge: how much prison time for former state official guilty of (small-time?) marijuana dealing
The question in the title of this post is prompted by this local story from Michigan, headlined "Ex-state Rep. Roy Schmidt pleads, sold marijuana as 'source of income,' judge says." Here are the basics (with my emphasis added): Former state Rep. Roy Schdmidt pleaded no contest Thursday, Jan. 28, to...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/tKIoq_Uc0n8" height="1" width="1" alt=""/>
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You be the state sentencing judge: how much prison time for former state official guilty of (small-time?) marijuana dealing
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I Was Hurt at Work. How is this Handled With my Employer?
It is the legal duty of any employer to offer his workers a safe and healthful place in which to perform their duties. A failure to meet this obligation can’t help but set the stage for harmful workplace accidents. Nevertheless, employees often sustain on-the-job injuries despite all efforts by management to make the workplace safe. Every state in the union has a system in place to assist these injured workers, and Nevada is no exception. Regrettably, not all employees are fully aware of their rights. Workers’ Compensation and You Before workers’ compensation existed, injured workers in search of financial reimbursement had no choice but to sue their employers. An employee in this situation had not only to prove his case but also to pay his own court and attorney costs. If he subsequently lost his legal battle, reimbursement was out of the question. Your Workers’ Compensation Rights If you’re injured on the job today, you have 7 days to inform your…
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Judge Jack Weinstein disregards severe federal chid porn guidelines again
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Cross-examinination for Prosecutors: When You Can’t, and How You Can’t
Prosecutors often accuse defense attorneys, and our clients, of using unduly narrow interpretations of the law to justify conduct that hasn’t expressly been ruled illegal. Who among us hasn’t heard the government invoke some variation of “the absence of an explicit prohibition doesn’t bar a prosecution”? In other words, says the government, “it’s not okay just because no one told you it isn’t.” The Third Circuit turned that argument around on the government recently, in United States v. Moreno, ___ F.3d ___, 2016 WL 53796 (3d Cir. Jan. 5, 2016). A prosecutor in the Western District of Pennsylvania had a bright new idea: use the defendant’s sentencing allocution as an opportunity to cross-examine him about the offense conduct – an opportunity that the prosecutor hadn’t gotten at trial, when the defendant chose not to testify. The innovative prosecutor succeeded in eliciting…
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Confessing that you confessed is not the same as confessing the crime
United States v. Pough, No. 15-1762 (3d Cir. Jan. 22, 2016) (unpublished) This non-precedential Third Circuit decision reminds district courts that confessing that you were coerced into confessing something is not the same as confessing that you did what you confessed to doing. Got that? The facts may help. Pough (who was already on federal supervised release) confessed to being a getaway driver in a murder-for-hire. In a state court prosecution he moved to suppress the confession. At the suppression hearing he testified about the contents of the confession; loosely, “yes, I confessed to being the getaway driver.” The state court suppressed the confession as coerced and the state withdrew the charges. Not one to let these things go, however, the federal government tried to revoke Pough’s supervised release. The district court interpreted Pough’s testimony at the suppression hearing as an admission that he…
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The Speedy Trial Clock In Ohio DUI/OVI Cases With Blood Or Urine Tests
Four months after Brittany was arrested and charged with OVI, the government charged her with a second count of OVI. In November, Brittany was arrested for OVI. On the day of her arrest, she submitted a urine sample, and she was charged with OVI. Three weeks later, the urine sample was analyzed, and the result was provided to the police department. In March, four months after the arrest, the police department charged Brittany with a second count of OVI based on the result of the urine test. Isn’t that a violation of her right to a speedy trial? That question was answered last week in State Of Ohio v. Brittany Wieland. This issue has been addressed by different Ohio courts of appeals but has never been directly addressed by the Ohio Supreme Court. The Ohio appellate courts have reached different conclusions because the issue is not simple. The situation involves two OVI charges and two types of speedy trial rights. The two different OVI charges involved in this case are…
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How to Avoid a DUI Nightmare
La Carafe Bar one of the oldest buildings in Houston, TX by Carol Highsmith (image is in the public domain) Drinking and driving can make your life a nightmare. Besides the sad possibility of hurting yourself and others, you could also have your license revoked, pay large fines, have your car insurance increase dramatically, even lose your job. A simple way to avoid this nightmare is to never drink and drive, of course. Otherwise, wait as long as possible after drinking before driving. It takes approximately one hour for a drink to be eliminated from the average man or woman. In this article I offer a few tips on alternative means for transportation, and tips for lessening the chances of being pulled over by law enforcement. Tips for Safe Transportation Tip #1: Plan Ahead. Write down a taxi number; have a friend be a sober, designated driver; pick a conveniently located bus route; check out your city’s sober-drive-home services. Tip…
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Iowa
UPDATE - Clinton 45- Sanders 42- O'Malley 3. Trump 28, Cruz 23, Rubio 15, Carson 10. 6:45 pm Eastern time tonight, Ann Selzer drops her final Iowa poll. For those who don't know Selzer is the gold standard for Iowa - THE poll. So we'll know... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Saturday Night Open Thread
What I'm watching: The X Games in Aspen (here's today's updated schedule) and next the Screen Actor's Guild Awards (Red carpet airing now on E.) I've gone days without blogging. The biggest reason is both the mouse and the... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Public Attitudes Toward Truth in Sentencing
The final version of my article “Imprisonment Inertia and Public Attitudes Toward ‘Truth in Sentencing'” is now available at the BYU Law Review website. Coauthored with Darren Wheelock, this article is based on research conducted through the Marquette Law School Poll. Here is the abstract: In the space of a few short years in the 1990s, forty-two states adopted truth in sentencing (“TIS”) laws, which eliminated or greatly curtailed opportunities for criminal defendants to obtain parole release from prison. In the following decade, the pendulum seemingly swung in the opposite direction, with thirty-six states adopting new early release opportunities for prisoners. However, few of these initiatives had much impact, and prison populations continued to rise. The TIS ideal remained strong. In the hope of developing a better understanding of these trends and of the prospects for more robust early release reforms in the future,…
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