Category: Lawyering

Bizarre, Constitutional Law, Criminal law, Lawyering, Politics

Seattle Bar: Lawyers Can Ethically Smoke Pot

MarijuanaThere is an interesting decision out of the King County Bar Association after the bar grappled with questions from lawyers as to whether they can smoke marijuana after the state legalized pot despite that the fact that it is still deemed a crime under federal law. The bar associate said that the ethical lawyer could smoke pot so long as it did not interfere with their ability to represent clients.  While some would question that standard, the same personal responsibility on consumption applies to alcohol use by lawyers.

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Congress, Constitutional Law, Courts, Justice, Lawyering, Media, Politics, Society, Supreme Court, Uncategorized

When Will We Decide to Stop the Killings by Guns?

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

We have discussed the thousands who have been killed by guns in this country on several occasions on Professor Turley’s blog and we have seen some of the same responses from both sides of the discussions about reasonable restrictions on gun ownership and use.  Some say that any restriction on gun ownership, no matter how small, is a violation of their Second Amendment rights.

Some of those who are in favor of reasonable gun control measures, point to the sheer numbers of women and children and men who die each day due to senseless murders and sorrowful accidents.  Emotional arguments and reasons have been offered by both sides of the discussion, but yet not a single worthwhile National gun control measure has become law and the killings and deaths continue unabated.

To my dismay and shock, not even the Sandy Hook Elementary School shootings, where 20 small school children and 6 staff members lost their lives to an arguably mentally ill shooter, produced any resulting legislation that could be argued offers some relief in the ever larger numbers of gun deaths.

While researching this article I had trouble finding articles written on this subject after April of 2013.  There were many articles, including articles on this blog from December of 2012 through April of 2013, but very little since.  In light of the dearth of media interest since April of this year, I am curious about what it will take for the United States of America to decide it is time to stop killing itself? Continue reading “When Will We Decide to Stop the Killings by Guns?” →

Lawyering, Politics, Society

Federal Bar Association Opens Chapter In New Mexico

img_logo125px-Flag_of_New_Mexico.svgI am in New Mexico today to speak at the first conference of the New Mexico Chapter of the Federal Bar Association. The establishment of the chapter is a significant milestone for the New Mexico bar, which only recently celebrated the 100th anniversary of New Mexico’s statehood. The chapter will finally integrate the New Mexico bar into the national association of lawyers practicing in the federal system.

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Academia, Lawyering

GW Makes Top Ten Law Schools on Job Placement

150px-gwulogo-1Forbes has a story on the ranking of law school on employment placement and salaries. I am happy to report that George Washington has placed within top ten schools. The dip in the legal market has affected applications at top schools but overall the impact is felt more severely at the lower ranked law schools. While legal education remains expensive, it remains a good investment for many students. The problem occurs at law schools with low bar passage rates and employment placement. We previously discussed how some of the lowest ranked schools report the highest levels of debt for students. There are some law schools which have dubious academic programs and even more dubious claims of placement. Frankly, some paring of law schools would be a benefit in this economic downturn as would more demanding certification standards by the American Bar Association.

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Constitutional Law, Courts, Lawyering, Politics, Society

Former Pennsylvania Congressman Suspended From Practicing Law Due To Criticism Of Judges

220px-Donald_A._BaileyFormer Democratic congressman and Auditor General Don Bailey, 68, had his law license suspended for five years by the Pennsylvania Supreme Court for allegations and criticism directed at judges in the state. Bailey denounced the ruling and said that he would challenge it in federal court while denouncing the state justices as corrupt and malicious. While some would agree with the case, there is a worrisome line of cases targeting lawyers who criticize judges.

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Academia, Lawyering, Torts

Cooley Loses Defamation Case Against Law Firm And Secures Ruling Affirming That It Misrepresented Data

Cooley_logo_blueWe have been following the highly dubious litigation of cross claims between Thomas M. Cooley Law School and Kurzon Strauss and some bloggers.  The law school filed a defamation claims against the firm and bloggers who criticized the institution’s portrayal of its graduates’ employment statistics.  United States District Judge Robert J. Jonker has now dismissed the case. However, in a rather curious lesson for its students, Cooley is pledging to continue the litigation with an appeal.

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Bizarre, Courts, Criminal law, Lawyering

One Stop Shopping (and Sentencing): California Judge Sentences Man To 53 Years To Life . . . And Then Declares Him Married In Wedding Ceremony

Patricia K. CooksonDestiny Desbrow certainly had a marriage ceremony that would be hard to forget. It has the usual features of most weddings: a cake, a ring, and an audience. However, the location and time was a bit odd. She married Danne Desbrow just minutes after he was sentenced to 53 years to life for murder by Judge Patricia Cookson who not only had sentenced him but baked the cake for the wedding.

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Congress, Constitutional Law, Courts, Criminal law, Justice, Lawyering, Military

The Military’s War on Women Continues

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

I saw this story during this past week and I have to admit, that it made my stomach turn.  Despite the increased interest some in Congress and in the Pentagon have shown in how accusations of rape by female members of the military are treated, women can still jeopardize their careers and their mental well-being if they bring charges against their alleged attackers.

‘”For roughly 30 hours over several days, defense lawyers for three former United States Naval Academy football players grilled a female midshipman about her sexual habits. In a public hearing, they asked the woman, who has accused the three athletes of raping her, whether she wore a bra, how wide she opened her mouth during oral sex and whether she had apologized to another midshipman with whom she had intercourse “for being a ho.”’ New York Times Continue reading “The Military’s War on Women Continues” →

Bizarre, Free Speech, Lawyering, Society, Torts

Insane Clown Posse Sued By Their Former Attorney For Harassment and Abusive Conduct

190px-Insane_Clown_PosseAttorney Andrea Pelligreni has filed a sexual harassment lawsuit against her former client for a culture of sexism and improper behavior. A lawyer suing a client for such misconduct can be a challenge in itself, but when your client is named the “Insane Clown Posse” it is especially difficult. While many would view working with the Insane Clown Posse to be something of an assumption of risk, Pelligreni insists that she was shocked and moved to tears in working with the recording group and particularly two members of Insane Clown Posse, Joseph “Shaggy 2 Dope” Bruce and Joseph “Violent J” Utsler. Other defendants include Psychopathic Records; its president, William Dail; and some of its employees. It makes for a curious cite as an attorney sues defendants named “Shaggy 2 Dope” and “Violent J” and Psychopathic Records for being shockingly immature and demeaning and . . . well . . . insane.

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Constitutional Law, Courts, Criminal law, Lawyering

Federal Judge Throws Out Major Convictions of Former Police Officers Due To Prosecutorial Misconduct

600px-US-DeptOfJustice-Seal.svg DOJWe previously discussed the scandal involving federal prosecutors in New Orleans posting public comments attacking defendants and targets on various websites. That earlier scandal led to the discovery of even more widespread misconduct and yesterday to the overturning of a major prosecution of police officers. Describing the conduct of the Justice Department lawyers as “grotesque,” U.S. District Judge Kurt Engelhardt ordered a new trial for officers accused of deadly shootings at the Danziger Bridge after Hurricane Katrina and the subsequent cover-up.

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Courts, Criminal law, Justice, Lawyering, Society

Bad Banks Continue to Screw Homeowners

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

I know it may not surprise you that banks may be screwing homeowners in light of their past bad and illegal tactics in foreclosing home loans.  However, in light of the fact that five of the largest banks agreed in a settlement in 2012 to end their deceptive and illegal foreclosure actions, their refusal or inability to control the contractors they hire in the foreclosure process may end them back in front of regulators.

Recently, the State of Illinois filed suit against the largest  property management company that some of these very same banks use, and alleged that the company, Safeguard Properties, LLC, illegally broke into homes of people who were involved in a foreclosure or about to be foreclosed on and removed possessions and in some cases stole or damaged borrower’s personal property. Continue reading “Bad Banks Continue to Screw Homeowners” →

Congress, Constitutional Law, Courts, Criminal law, Lawyering, Media, Politics

Public Interest Lawsuit Forces Disclosure Of Widespread Surveillance Violations By The NSA

President_Barack_ObamaNSA logoWhile it was not long ago that President Obama,  Director of National Intelligence James Clapper and other officials insisted that there was no illegal surveillance in the massive warrantless programs disclosed by Snowdon and others, new documents show that the National Security Agency not only violated the law for years but actively misled judges on the use of such illegal surveillance.  The programs covered millions of call records and was only acknowledged by the Administration after a lawsuit by civil libertarians — a lawsuit that it has tried to dismiss (like dozens of others tossed out at the demand of the Obama Administration).

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Bizarre, Constitutional Law, Courts, Criminal law, Lawyering

State Supreme Court Stops Montana Judge From Increasing Rapist’s Sentence After Public Outcry

article-2402937-1b7bd6a3000005dc-73_306x423We previously discussed the shocking sentence handed down by Montana Judge G. Todd Baugh to a teacher who raped a 14-year-old student. Stacey Rambold, 54, (left) was given just 30 days in jail after Baugh found that the victim was “older than her chronological age.” It produced an outcry on this blog and other sites. Baugh then magnified the concerns over his judicial judgment by responding to the outcry by trying to re-sentence Rambold. It left the impression of a judge seeking a longer sentence in direct response to public pressure. The Montana Supreme Court stepped in to order Baugh to cancel the resentencing hearing.

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Constitutional Law, Courts, Criminal law, Justice, Lawyering, Politics, Supreme Court, Uncategorized

Nullification-Missouri Style

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

The Show Me state, has been making news lately.  Unfortunately, the news it has been making has nothing to do with the St. Louis Arch or the baseball Cardinals, but its legislature’s penchant for attempting to nullify Federal laws that it does not agree with.  The State of Missouri is working hard to nullify Federal gun laws and Obamacare.

“If you ever wondered what a 21st century nullification crisis would look like, look no further than Missouri. One hundred and forty eight years after the end of the Civil War, the New York Times reports, “the Republican-controlled Missouri legislature is expected to enact a statute next month nullifying all federal gun laws in the state and making it a crime for federal agents to enforce them.” Meanwhile, the Show Me State is doing everything it can to effectively block implementation of the Affordable Care Act.” Daily Kos

I guess Missouri wants to Show the rest of the nation that the Constitution and its Supremacy Clause is not worth the parchment it is written on.  In case you are not sure what is meant when a State tries to nullify a Federal law, here is a little primer on the subject. Continue reading “Nullification-Missouri Style” →

Bizarre, Justice, Lawyering, Society, Torts

Another Foreclosure Bungled: West Virginia this time

Submitted by Charlton Stanley (aka Otteray Scribe), Guest Blogger

Moran RdIt has happened again. This time in Logan, West Virginia. Schoolteacher Nikki Bailey came home from visiting a sick friend in the hospital, only to find a work crew from CTM Industries removing the last few pieces of her belongings from her house. The workers told Ms. Bailey they had been sent by a bank to clean out her house for foreclosure.

There is one minor detail. Her house was paid off in full twenty-five years ago. She showed reporters around the house, and everything was gone to the bare walls. Her pictures, diplomas, awards, and all her belongings.
Continue reading “Another Foreclosure Bungled: West Virginia this time” →