Jennifer Arlen and Marcel Kahan (New York University School of Law and New York University School of Law) have posted Corporate Governance Regulation Through Non-Prosecution (University of Chicago Law Review, Forthcoming) on SSRN. Here is the abstract: Over the last...
Arlen & Kahan on Corporate Governance Regulation Through Non-Prosecution
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DE: When state shows PC in forfeiture proceeding, burden shifts to def
This case involves a return of property petition and the state sought forfeiture. The probable cause standard for forfeiture is essentially the same at that applied in Fourth Amendment search and seizure cases. Thus, the State is required to prove … Continue reading →
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News Scan
Death Penalty Upheld for OH Killer who Murdered Witness: A Cincinnati man who murdered his girlfriend, former attorney and a witness to one of his crimes has had his conviction and death sentence for killing the witness upheld by the Ohio Supreme Court. Lauren Pack of WHIO reports that Calvin McKelton, 39, was convicted in 2010 of the 2008 murders of his girlfriend, Margaret Allen, and a criminal defense attorney who previously represented him. He was also convicted and sentenced to death for the 2009 murder of Germaine Evans, who McKelton killed to prevent from testifying. Evans was allegedly an eyewitness to Allen's fatal strangulation by McKelton and assisted in disposing of her body. In addition to the death sentence, McKelton received 15 years to life for Allen's murder and 25 years for the remaining convictions. On appeal of the death sentence, McKelton argued that his rights were violated because he was deprived of a fair…
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N.D.Cal.: Def’s motion to suppress because of overseizure is denied for moment; parties to confer on what might be suppressible
Defendant argued that the search warrant for documents exceeded the scope of the warrant. Counsel’s declaration was insufficient, but the court recognizes the argument and orders the parties to confer and determine that which they can agree. United States v. … Continue reading →
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Get Over It Hillary…
In a recent interview with HUMANSOFNEWYORK.COM Hillary Clinton explains why she may appear to be “cold and unemotional”. “I was taking a law school admissions test in a big classroom at Harvard. My friend and I were some of the only women in the room. I was feeling nervous. I was a senior in college. I wasn’t sure how well I’d do. And while we’re waiting for the exam to start, a group of men began to yell things like: ‘You don’t need to be here.’ And ‘There’s plenty else you can do.’ It turned into a real ‘pile on.’ One of them even said: ‘If you take my spot, I’ll get drafted, and I’ll go to Vietnam, and I’ll die.’ And they weren’t kidding around. It was intense. It got very personal. But I couldn’t respond. I couldn’t afford to get distracted because I didn’t want to mess up the test. So I just kept looking down, hoping that the proctor…
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New? rule for withdrawing as counsel
A helpful case manager at the Sixth Circuit alerted me to 6th Cir. R. 12(c)(4)(D), regarding motions to withdraw as counsel. I do not have to file these very often, so am not sure when the notice requirement was added. Should the rare occasion arise that you need to withdraw, be sure to notify your client he has 14 days to respond to the motion, and note in your motion his current location. Your certificate of service, provided it has adequate information about your client, is adequate proof that you have served your client.
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New research indicates that daily marijuana users are less fat
A notable new Live Science article reporting on notable new research has me seriously wondering if marijuana reform could help Americans better tackle our long-running obesity epidemic. The article is headlined "Daily Marijuana Use Linked to Lower BMI," and here are the highlights: People who smoke marijuana daily may be...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/PvJ39KUGZTw" height="1" width="1" alt=""/>
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SEC Granted Reversal, Remand and Jury Trial from the Ninth Circuit
On August 31, 2016, the SEC caught a break when a Ninth Circuit panel reversed Judge Manuel L. Real’s bench trial verdict for defendants, former corporate officers of the now-defunct Basin Water, Inc., finding that the SEC was wrongfully denied its shot at a jury trial in a securities fraud action involving alleged false reporting of millions of dollars in unrealized revenue. The panel vacated the judgment and remanded for a jury trial, noting that the SEC had not consented to the defendants’ withdrawal of their jury demand, and in fact, consistently demonstrated its objection to a bench trial, preserving its objection all the way to the appellate court. When the SEC originally filed its complaint in 2011 against former Basin CEO and CFO Peter Jensen and Thomas Tekulve, it did not demand a jury trial. However, defendant Tekulve later requested trial by jury in its answer to the SEC’s complaint for “all issues which are triable by jury.”…
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Crimmigration and cannabis: "Marijuana Is Legal in Colorado — But Only If You're a U.S. Citizen"
The title of this post is an expansion of the headline of this lengthy Westword article by Joel Warner. Among many virtues in this long-form article is that it includes quotes from one of my former students who examined in my marijuana seminar the connections between marijuana reform and immigration...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/IML_KkthlNM" height="1" width="1" alt=""/>
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Regions Banks settles False Claims Act suit for $52.4 million
On September 13, the Department of Justice announced that Regions Bank had agreed to settle civil allegations that, as a Direct Endorsement Lender in the Federal Housing Administration’s insurance program, it knowingly originated and underwrote mortgages that failed to meet FHA requirements. According to DOJ’s press release: Regions Bank (Regions) has agreed to pay $52.4 million to the United States to resolve allegations that it violated the False Claims Act by knowingly originating and underwriting mortgage loans insured by the U.S. Department of Housing and Urban Development’s (HUD) Federal Housing Administration (FHA) that did not meet applicable requirements, the Department of Justice announced today. Regions is headquartered in Birmingham, Alabama. * * * Since at least January 2006, Regions has participated as a direct endorsement lender (DEL) in the FHA insurance program. A DEL has the authority to originate,…
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Texas Court of Criminal Appeals Halts Six Executions
Texas’ highest criminal court has not often been receptive to the arguments of criminal defense attorneys that their clients should be spared the death penalty in the past. But six reprieves handed down by the Texas Court of Criminal Appeals in recent weeks have led commentators to ask if the court is taking a new approach to execution appeals. The ... Read More The post Texas Court of Criminal Appeals Halts Six Executions appeared first on .
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Fascinating pictures of "What It Looks Like to Be Behind Bars in Four Different Countries"
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Bibas on Justice Scalia and the Criminal Law
Stephanos Bibas (University of Pennsylvania Law School) has posted Justice Scalia's Originalism and Formalism: The Rule of Criminal Law as a Law of Rules (Special report No. 186, Aug 2016) on SSRN. Here is the abstract: Far too many reporters...
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Eleventh CIrcuit judges discuss guidelines and vagueness at great length after denying en banc review in Matchett
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Eisenberg on Race, Gender, and Jury Selection in Capital Cases
Ann M. Eisenberg (University of South Carolina - School of Law) has posted Removal of Women and African-Americans in Jury Selection in South Carolina Capital Cases, 1997-2012 (Northeastern University Law Journal, Forthcoming) on SSRN. Here is the abstract: The Supreme...
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Cohen on Benefit-Cost Analysis of Criminal Justice Policy
Mark A. Cohen (Vanderbilt University - Owen Graduate School of Management) has posted The 'Cost of Crime' and Benefit-Cost Analysis of Criminal Justice Policy: Understanding and Improving Upon the State-of-the-Art on SSRN. Here is the abstract: The use of benefit-cost...
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Three Things about NC’s Seat Belt Law You May Not Know
State law has mandated seat belt use by North Carolina motorists for more than thirty years. The seat belt law has, however, changed a bit over time. As a result, not everyone is clear on who is covered, what is required, and what the penalties are for violations. This post covers the particulars of North Carolina’s seat belt requirements and addresses three common areas of confusion. 1. Everyone in the car must buckle up. G.S. 20-135.2A(a) requires that each occupant of a motor vehicle manufactured with seat belts have a seatbelt properly fastened about his or her body when the vehicle is in forward motion on a street or highway. When it was first enacted, G.S. 20-135.2A (1985) only required seat belt use by drivers and front seat passengers. Ten years ago, the General Assembly amended the law to require that everyone in the vehicle, including rear seat passengers, buckle up. A separate statute, G.S. 20-137.1, requires that drivers with passengers who are under 16…
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Are Marijuana Breathalyzers Here?
Law enforcement continues to be frustrated in trying to prove that a possibly impaired driver is under the influence of marijuana (so-called "stoned driving"). As recent posts on this blog have pointed out, the simple fact is that there is no scientifically valid method for measuring marijuana and its effect. The current method involves drawing a blood sample from the person after the suspect is arrested and analyzing it for marijuana — or, more accurately, for the presence and amounts of the active ingredient, THC (tetrahydrocannabinol), in the blood. But there are two primary problems with this. First, the marijuana measured may well be inactive and still present in the body from ingestion days or even weeks earlier. Second, there is no generally accepted scientific evidence as to what levels of THC can cause sufficient impairment to the ability to safely operate a motor vehicle. See, for example, my previous…
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"Righting Wrongs: The Five-Year Groundswell of State Bans on Life Without Parole for Children"
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News Scan
CA Inmate's Death Sentence Overturned: The California Supreme Court overturned the death sentence of a man convicted of gunning down three people in a home invasion robbery over two decades ago. Tommy Wright of the Monterey Herald reports that Daniel Sanchez Covarrubias' death sentence was overturned on an automatic appeal filed Thursday due to a error made by the court during his 1998 trial, in which a prospective juror was excluded on the basis of the juror's questionnaire responses. An automatic reversal of Covarrubias' death sentence was required because, under the U.S. Supreme Court precedent set in Lockhard v. McCree, prospective jurors with opposition to the death penalty are not subject to automatic excusal if "they state clearly that they are willing to temporarily set aside their own beliefs in deference to the rule of law." The juror in this case did not say he would always vote against capital punishment. …
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