Facebook is starting to learn the high cost of litigation and they are losing.As one case after another goes is being settled and Facebook is having to give up the names and IPS addresses of those who set up fake profiles.One after another in jurisdiction after jurisdiction.Fake profiles.What is the meaning of "publish" in the digital age?We're about to find out.We are finding out.
Fake Facebook Profiles
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Countdown to the End of Primary Season
It was June 7, 2008 that Hillary Clinton withdrew from the Democratic presidential nomination race. I remember it well, since I was in Aspen for a NORML legal seminar and watched the speech on TV there. Sanders, apparently, is not dropping out.... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Is Driving Under The Influence Of Over The Counter Medication DUI?
DRIVING UNDER THE INFLUENCE OF ….. BENADRYL? When using this product: marked drowsiness may occur Continue reading →
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D.Conn.: Violation of knock-and-announce on a 6 am arrest warrant execution leads to suppression despite Hudson
The defendant’s house was entered at 6 am with an arrest warrant, and the officers knocked and entered when there was no prompt answer. The court credits the testimony of the occupants and the time involved and not the officer … Continue reading →
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CO: Residents of a “residential community corrections facility” are in DOC custody and subject prison searches
“Triplett was an offender residing in the Mesa County residential community corrections facility.” He was taking a shower, and an officer of the facility was walking around for a cleanliness inspection. He touched defendant’s sock and felt a vial that … Continue reading →
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Umbrella Agreement: EU und USA unterzeichnen Datenschutz-Rahmenabkommen für die Zusammenarbeit bei der Strafverfolgung
Gemäss Pressemitteilung vom 2. Juni 2016 haben die EU und die USA das sog. Umbrella Agreement („Agreement between the United States of America and the European Union on the protection of personal information relating to the prevention, investigation, detection and prosecution of criminal offences“) unterzeichnet. Dabei handelt es sich um ein Datenschutz-Rahmenabkommen für den „Austausch von personenbezogenen Daten zum Zweck der Vorbeugung, Aufdeckung, Untersuchung und Verfolgung von Straftaten, einschliesslich terroristischer Tätigkeiten“. Das Umbrella-Agreement beinhaltet u.a. folgende Eckpunkte (vgl. Q&A-Seite der EU-Kommission): (i) „Clear limitations on data use – Personal data may only be used for the purpose of preventing, investigating, detecting or prosecuting criminal offences, and may not be processed beyond compatible purposes“. (ii) „Onward transfer – Any onward transfer to a non-US, non-EU…
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N.D.Cal.: Affidavit for SW was “somewhat conclusory,” but it incorporated defendant’s indictment which had specific allegations of overt acts
The affidavit for search warrant was “somewhat conclusory,” but it incorporated defendant’s indictment which had specific allegations of overt acts. Taking the two together showed probable cause. United States v. Alvarez, 2016 U.S. Dist. LEXIS 72791 (N.D.Cal. June 3, 2016): … Continue reading →
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Looking into the Wisconsin case looking into the use of risk-assessment tools at sentencing
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Case o' The Week: The benefits of paying cash - Loveland and proof of conspiracies
The “darling of the modern prosecutor’s nursery” gets a well-deserved spanking. United States v. Loveland, No. 13-30162 (9thCir. June 3, 2016), decision available here.Players: Decision by Judge Kleinfeld, joined by Judges Kozinski and Murguia.Facts: Defendants in the “Sanchez group” were charged with conspiracy to distribute meth; most plead guilty and cooperated. Id. at 4. Two of the three remaining were charged with possession with intent to distribute; Loveland, critically, was not. Id. Loveland was charged only with conspiracy to distribute meth. Id. at 5. The “Sanchez group” imported pounds of meth each month into Idaho, then distributed smaller amounts to a number of buyers. Id. Loveland was a repeat customer for two ounces of meth: he paid “cash on the barrelhead” each time. Id. Though there was evidence that two ounces was too much for a sole user, there was no evidence that the big conspiracy was involved in…
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My Ten Most Beautiful Individuals: #10, Rae Dawn Chong
For her absolute beauty, sure.But also because she has a sense of humor about her beauty.Because she is talented, smart, and absolutely brilliant.Tommie Chong's daughter. Yes, Chong from the great Cheech and Chong.But his best production, and act, was the creation of this superb piece of artwork.
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My Ten Most Beautiful Individuals: #9, Julianne Moore
The talent and the beauty.The grace.The sheer mind blowing intelligence.Articulate.Competent.
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//blawgsearch75.rssing.com/chan-6519914/article18532-live.html
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The Defense Bar's War on Women
To my anachronistic way of thinking, rape was a serious crime even before political correctness made rapists the one kind of criminal defendant the Left declines to embrace. (Other kinds of sex offenders are still OK with them, see, e.g., any child pornography opinion by Jack Weinstein).But, more-or-less out of sight, the defense bar is still at work bullying rape victims who have the guts to testify. The bullying takes the form of, among other things, gutter-level misogyny that a person of normal empathy would find hard to imagine.The defense lawyer's cross-examination of a woman raped (outdoors, behind a dumpster, while passed out, incidentally) tells you all you need, and certainly all you want, to know about the supposed compassion of the defense bar. It's spelled out in this (unfortunately quite long) piece, "Here Is the Powerful Letter the Stanford Rape Victim Read Aloud to Her Attacker."And please, spare me the vapid line about,…
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Should the Parents in the Cincinnati Gorilla Case Get Arrested for Risk of Injury?
Cincinnati prosecutors will announce tomorrow whether they will be arresting the parents of the child who jumped over a fence into the Cincinnati zoo gorilla pit, leaving the zoo with no choice but to shoot and kill Harambe the gorilla. We all know this was an accident, but should an accident like this be criminal? Weigh in on our survey (click here to vote) and see what other people are saying in Connecticut. In cases like these, how do prosecutors balance public outrage to arrest these parents with their duty to be fair and impartial? It’s perhaps the toughest part of their job, as we’ll find out at tomorrow’s press conference in Cincinnati… What Matters to Prosecutors in their Decision to Arrest Parents for Risk of Injury and Child Endangerment? No matter what the facts are, decisions like these are not easy for prosecutors who must examine a variety of materials and factors such as the video surveillance recordings, statements of eyewitnesses, and…
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Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 379 De-Policing Stephen Rushin and Griffin Sims Edwards University of Alabama - School of Law and University of Alabama at Birmingham - Department of Marketing, Industrial Distribution & Economics...
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Child Custody Dispute Leads to Hitman
Dan Markel worked hard and led a blessed life, until he didn’t. Toronto born and raised, the 41-year-old graduated with a degrees from Harvard, Hebrew University of Jerusalem, and Cambridge, capping his academic achievements with a Juris Doctor degree from Harvard Law School. He practiced white-collar criminal law and civil litigation before he became a tenured professor at Florida State Law School teaching criminal law. He wrote for academic journals and crafted controversial opinion pieces for prestigious publications including the New York Times, Slate, and The Atlantic. Mr. Markel was an impressive man who was revered by his colleagues. He was married to Wendi Jill Adelson, also a lawyer and professor at Florida State, and had two young sons. But his happy life began to crumble when his marriage floundered, followed by a bitter divorce in 2013. But the worst was yet to come. In July 2014 Dan Markel pulled into the driveway and garage of his…
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Violent Crime Up; Experts Stumped
Time to bring out the elephant in the living room again. As described by Wikipedia:"'Elephant in the room' or 'Elephant in the living room' is an English metaphorical idiom for an obvious truth that is going unaddressed. The idiomatic expression also applies to an obvious problem or risk no one wants to discuss."It is based on the idea/thought that an elephant in a room would be impossible to overlook."Lisa Marie Pane and Don Babwin have this story for Associated Press.CHICAGO -- Violent crimes - from homicides and rapes to robberies - have been on the rise in many major U.S. cities, yet experts can't point to a single reason why and the jump isn't enough to suggest there's a trend.Still, it is stumping law enforcement officials, who are seeking a way to combat the problem. "It's being reported on at local levels, but in my view, it's not getting the attention at the national level it deserves," FBI…
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"Why the muted response to seeking the death penalty for Dylann Roof?"
This opinion piece appears in The Washington Post. In part: [T]he Obama administration, perhaps the least favorable to capital punishment in recent memory, might not have sought the death penalty against Dylann Roof, the young white supremacist charged in the...
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"Deadly Statistics: Quantifying an 'Unacceptable Risk' in Capital Punishment"
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Crash near Fort Hall blocking one lane of Interstate 15
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: 6/5/16 6:40 p.m. Please direct questions to the District Office Idaho State Police is currently investigating an injury crash on Interstate 15 at milepost 80, just south of the Fort Hall exit. The left, southbound lane is currently blocked, and traffic is slow in the area so motorists are advised to use caution. SC / AC -------------
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