People attend the funeral of murdered indigenous activist Berta Caceres, in La Esperanza, 200 km northwest of Tegucigalpa, on March 5, 2016. (ORLANDO SIERRA/AFP/Getty Images) Many people have heard of the March 2016 murder of Berta Cáceres, an award-winning environmental and indigenous rights leader in Honduras, and the many threats that proceeded her death. They may not know, however, that the Honduran authorities had falsely charged Cáceres with inciting usurpation of land, coercion, and damages against the company building the hydo-electric damn opposed by her organization, the Civic Council of the Indigenous and Popular Organizations of Honduras (COPINH), in 2013. Amnesty International’s new report, “We Are Defending the Land with Our Blood,” demonstrates that Cáceres is not the only heroic land and environmental rights activist to be treated like a criminal in Honduras and Guatemala. Like Cáceres, these activists bravely…
Why are these heroes treated like criminals?
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Trump Gave A Deportation Speech, Not an Immigration Speech
Donald Trump has allayed all fears of flip-flopping on immigration after his speech Wednesday night in Phoenix. His 10 point plan isn't an immigration plan at all: it's a deportation plan. And a terribly ignorant one at that.The first glaring hole in Trump's “policy” is due process of law. Trump came through with the same reprehensible rhetoric copied from nearly every failed exclusionary policy that we as a country have historically wound up regretting. Build a wall. Kick out the bad ones. Extreme vetting. Ideological tests. Blanket suspension of immigration from – let's cut to the chase – Muslim countries. And nary a mention of the legal process to do any of it.Under the Fourteenth Amendment, all persons in the United States enjoy equal protection under the law. And under the Fifth Amendment, no person may be deprived of life, liberty, or property without due process. This is well-settled law reaching back hundreds of years –…
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Tuesday Open Thread
I have written three absurdly long posts on all the things wrong with season 2 of Narcos. I may ditch them altogether, or I may publish them in pieces. In any event, Narcos is confirmed for Seasons 3 and 4, and they are now on track to butcher the... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Remembering Craig Yankwitt – An Outstanding Attorney & Loyal Friend
Today we lost Craig Yankwitt. Probably one of the most warm, kind, inspiring and loyal friends I’ve ever had. He was a tremendous lawyer—combining compassion and advocacy in a manner that set him far apart from and above his litigation colleagues. He was one of those rare guys who was dialed into you when you were in front of him. Never checking his phone. Never looking around. Never distracted. He was all about the person sitting right in front of him. He listened and processed and cared. Such an amazing quality that of his that added to his charisma. This was probably what made him so successful in his law practice, as well as in his trials and negotiations. Continue reading
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Cossins et al. on Documenting Child Sexual Assault
Annie Cossins, Amanda Jayakody, Christine Norrie and Patrick Parkinson (University of New South Wales (UNSW) - Faculty of Law, University of Newcastle (Australia) - School of Medicine and Public Health, Childrens Hospital Westmead and University of Sydney - Faculty of...
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THE “RIGHT TO SILENCE.”
Posted by: Edmund R. Folsom, Esq.September 6, 2016THE “RIGHT TO SILENCE.”To begin, this post is for informational purposes only. It is not legal advice and is not to be considered legal advice.A few years back, to inform the uninitiated, I wrote a blog post on why it’s a bad idea to just walk into court and plead guilty at arraignment. The criminal justice system works in counter-intuitive ways that are particularly dangerous for those who do not understand them. The system often does not reward the docile and compliant– sometimes it punishes them for being docile and compliant. A person who feels badly, maybe even ashamed, about breaking the law might feel morally bound to admit her guilt the first time a judge calls on her to answer to a criminal charge. The person might think “I did what they say I did. It would be dishonest to plead not guilty, because that?s like saying I didn?t do it–…
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Fatality Crash, 2911 Bayview Road, Bonner County
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police Regional Communication Center - North 615 W Wilbur Ave Suite A Coeur d'Alene, Idaho 83815 Please direct questions to the appropriate District Offices District 1 (208) 209-8620 Fax (208) 209- 8618 District 2 (208) 799-5150 PRESS RELEASE FOR DISTRICT One CASE # C16002127 --------------------- PRESS RELEASE ----------------------------- DATE: September 6th, 2016 TIME: 8:07 am LOCATION: 2911 Bayview Road, Bonner County ASSISTING AGENCIES: Bonner County VEHICLE #1 ------------- DRIVER Brittney D. Bullock AGE 28 ADDRESS Bayview, Idaho INJURIES? - Yes HOSPITAL/LOCATION TAKEN ? Kootenai Health VEHICLE YEAR 1998 VEHICLE MAKE Honda VEHICLE MODEL Accord WRECKER Clydes Towing SEATBELTS/HELMET WORN? No PASSENGER #1 NAME…
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Stoughton on Warrior Cops and Guardian Officers
Seth W. Stoughton (University of South Carolina School of Law) has posted Principled Policing: Warrior Cops and Guardian Officers (Wake Forest Law Review, Forthcoming) on SSRN. Here is the abstract: Policing in the United States is in crisis. Public confidence...
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CJ Roberts Briefly Stays Subpoena in Online Child Sex Trafficking Case
Sam Hananel reports for AP:Supreme Court Chief Justice John Roberts has temporarily blocked a Senate subpoena that seeks information on how the classified advertising website Backpage.com screens ads for possible sex trafficking.The order Tuesday came hours after Backpage CEO Carl Ferrer asked the high court to intervene, saying the case threatens the First Amendment rights of online publishers.A federal appeals court ruled Friday that the website must respond to the subpoena within 10 days. Roberts said Backpage does not have to comply with the appeals court order until further action from the Supreme Court. He requested a response from the Senate by Friday.The order reads in full:IT IS ORDERED that the August 5, 2016 order of the United States District Court for the District of Columbia, in case No. 16-mc-621, is hereby stayed pending receipt of a response, due by noon Friday, September 9, 2016, and further order of the undersigned or of the CourtThe individual Justice…
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Sanger on The California Capital Punishment System
Robert M. Sanger (Santa Barbara College of Law) has posted Fourteen Years Later: The Capital Punishment System in California on SSRN. Here is the abstract: Fourteen years ago, the Illinois Commission on Capital Punishment issued a Report recommending 85 reforms...
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Injury Crash on I15 in Bingham County
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: 09/06/16 4:55 P.M. Please direct questions to the District Office On September 6, 2016, at approximately 3:00 P.M., Idaho State Police investigated a one vehicle injury crash on southbound Interstate 15 near milepost 83, in Bingham County. Kirby Kinghorn, 60, of Idaho Falls, was driving south on I15 in a 2004 Motor Home hauling a 2006 Hummer H3. One of the front tires on the Motor Home blew out. Kinghorn drove off the right shoulder, through a right away fence and came to rest in a nearby field. All occupants were wearing a seatbelt. Kinghorn was transported by ground ambulance to Portneuf Medical Center in Pocatello. JW / JH -------------
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Salt Lake Tribune: DEA wants to block ACLU of Utah from prescription drug database suit
Salt Lake Tribune: DEA wants to block ACLU of Utah from prescription drug database suit by Lindsay Whitehurst: The Drug Enforcement Administration wants to block the American Civil Liberties Union of Utah from stepping into a court case over whether … Continue reading →
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Litman & Rahman on Beckles and AEDPA
Leah M Litman and Shakeer Rahman (University of California, Irvine School of Law and affiliation not provided to SSRN) have posted What Lurks Below Beckles (Northwestern University Law Review, Vol. 111, Forthcoming) on SSRN. Here is the abstract: The Supreme...
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Fatal fire victim had barricaded himself inside Ferguson home
9-6-16 Missouri: FERGUSON, MO (KTVI) - St. Louis County Bomb and Arson investigators are looking into a house fire that killed a man in Ferguson Labor Day morning. Two neighbors across the street remember hearing popping sound from breaking glass. They saw the fire, ran to it, but couldn`t get to the homeowner because of what he`d apparently done to protect himself. Anthony and Emily Fletcher
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CDC survey finds increased marijuana use, but less abuse
Last Wednesday, the Centers for Disease Control and Prevention (CDC) released the finding of its survey on marijuana, which covered the time period from 2002 to 2014. Here is a summary of its findings: The report includes at least seven important findings. First, in 2014, a total of 2.5 million...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/O4VvGci9LkM" height="1" width="1" alt=""/>
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Lincoln man set for trial in Seward for hate crime sex assault
A HATE crime? 9-6-16 Nebraska: A 30-year-old Lincoln man pleaded not guilty to breaking into a woman's home and sexually assaulting her. Chad E. Drewes faces 10 felony charges, one of them filed as a hate crime, in connection with a home-invasion robbery June 24 at the woman's rural Seward County home, according to the criminal complaint. Seward County District Judge James Stecker set his
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Liberals Open the Gates, Criminals Take Advantage
While Barack Obama, surrounded with the world's best security detail, opens the prison gates to hundreds of dealers in hard drugs -- dozens with firearms convictions as well -- citizens living in less secure circumstances suffer.Does his Administration care?His US Attorney for the District of Columbia managed to yawn out this statement:Unfortunately, no system is perfect, and in those isolated instances in which problems are identified, we work with our law enforcement partners to address them moving forward.Excuse my Latin, but that is unadulterated horse manure. He might as well have said, "What, me worry?"The liberal police chief in DC recently resigned, in significant part because she had seen enough mindless leniency. The problem is not over-incarceration, despite the insistence of the pro-criminal crowd currently running DOJ. The problem, which they would see under their noses if they cared enough to look, is the opposite.
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LACTATION ROOM GRAND OPENING .......
THE CAPTAIN REPORTS:WELL, APPARENTLY IT'S A SLOW NEWS WEEK, SO .......This and That:ENQUIRING MINDS WANT TO KNOW? WHERE IS OUR LACTATING ROOM?According to a Press Release issued by the 11th Judicial Circuit, there is a big shin dig happening at the Dade County Courthouse on Thursday, September 8th. Ribbon cutting, dignitaries, food and drink to be served. The occasion is the opening of a Lactation Room at the courthouse. (We wonder whether Judge Seraphin will be a guest speaker?).So, paraphrasing Rodney Dangerfield: "Hey, we get no respect, at the GJB". SO, YOU WANT TO BE A CIRCUIT COURT JUDGE .....The JNC announces that due to the retirement of Judge Stanford Blake there is an opening on the Circuit Court bench. Applications to replace Judge Blake are due on September 26, 2016. Submit your application along with ten copies to:Daniel FridmanWhite & Case LLPSoutheast Financial Center200 South Biscayne Blvd.,…
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En banc Third Circuit find as-applied Second Amendment violation in federal firearm prohibition for certain criminals
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Courts Rule that Cell-Site Simulator Devices Require Warrants Under the Fourth Amendment
As the use of cell phones and other mobile devices has become increasingly common, police have looked for ways to make use of the information that mobile devices routinely emit. The point at which attempts to access data from mobile devices become a “search,” within the meaning of the Fourth Amendment, remains a matter of debate, but some types of technology clearly seem more intrusive than others. Devices known as cell-site simulators, also known by the trade name “stingrays,” are particularly controversial. Rather than obtain data that a mobile device has already sent out, a stingray essentially tricks a mobile device into sending out data by mimicking a cell tower. Courts around the country, most recently in Maryland, have ruled that this constitutes a search requiring a warrant. A key question in determining whether a particular police activity requires a warrant is whether it involves something in which people have a “reasonable expectation of…
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