Category: Lawyering

Members of Congress Challenge Libyan War in Federal Court

Today, I have the honor of representing ten members of the United States House of Representatives in challenging the constitutional basis for the Libyan War — and the underlying claims made by President Obama. These members include Democrats and Republicans from across the political spectrum. They share a belief that Article I, Section 8 of the Constitution expressly requires the authorization of Congress before a president can commit the nation to war. The lawsuit will be heard in the United States District Court for the District of Columbia. We filed this afternoon and held a press conference with the members in front of the courthouse. A copy of the complaint (which will be heard by Judge Reggie Walton) is below.

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Public Integrity Prosecutor Accused Of Using Conflicts Case To Pressure Firm To Hire Family Member

Deputy Dist. Atty. Juliet Schmidt, a member of the L.A. district attorney’s Public Integrity Division, is under fire after sending a letter to a law firm in a conflict-of-interest case that first suggested that its client “might” be exonerated and then asked if the firm would give her nephew of job. That is, of course, a conflict of interest itself.

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Ex-Prosecutor Keep License After Jury Acquits Him in Ticket Fixing Case Despite Three Prior DWI Convictions

Former prosecutor Stephen Lopresti will keep his law license after jurors acquitted him of fixing tickets. Lopresti was charged with felony DWI after a 2006 accident in the Bronx. Despite the testimony of two corrupt officers, the jury found Lopresti not guilty.

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Good Lord: Judge Rejects Plea As Too Lenient, Jury Then Acquits Defendant

In Laconia, New Hampshire there is an interesting case that may give some of our clients pause before accepting a plea bargain. Jonathan E. Lord, 25, had accepted a plea bargain to spend one year in jail for trying to run over Police officer Michael Finogle. However, Judge James O’Neill III rejected the plea (because he felt the plea was too lenient) so the case went to trial . . . and Lord was acquitted of one felony charge of reckless conduct and two misdemeanor charges of disobeying an officer and reckless operation.
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Keeping Abreast of Trial: Chicago Lawyer Moves To Exclude Opponent’s “Large Breasted” Assistant

Thomas W. Gooch III of Gauthier & Gooch in Chicago has achieved a degree of national notoriety in a motion to force his opponent Dmitry Feofanov to get rid of a “large breasted woman” who has appeared with him at counsel’s table. Gooch suggests that Feofanov is trying to use something erotic to defeat his client, Exotic Motors. He insists that the woman has no known legal function and is meant to distract the jurors, but Feofanov insists that she is a trained paralegal. The dispute is over the car dealership’s warranty on a used Cadillac.

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In God RIAA We Trust: Califormia Moves To Do Away With Need For Warrants In Seizing Pirated Music or Discs

We have watched as lobbyists for RIAA and other companies have steadily increased trademark and copyright limitations, including new criminal penalties. Now, State. Sen. Alex Padilla (D., Los Angeles), has sponsored RIAA legislation in California that would allow law enforcement to enter optical-disc plants and seize disc-stamping equipment, and pirated movie and music discs without a court warrant.

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Illinois Prosecutor Charged With Ethical Breach in “Grandma Ruse”

Illinois Assistant Attorney General Paul Ambrose Rathburn is the subject of an interesting ethical charge after allegedly using the “grandma ruse” to gain evidence against a condominium project for lack of handicapped access. Rathburn is accused of entering the premises under the false pretense that he was looking for a condo for his grandma when he knew the party was represented and sought information under false pretenses.

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North Carolina Central University Student Accused of Plagiarizing Commencement Speech

Law Student Preston Mitchum, 25, did not quite have the graduation that he anticipated at N.C. Central University Law School. It should have been his crowning glory as the class speaker at the graduation but has now turned into a nightmare after he was accused of plagiarizing his speech from a Binghamton University student in New York.
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Appellate Enhancement: Lawyer Wins Reversal In Lawsuit Against “Erection MD”

We previously considered the lawsuit by New Jersey lawyer Harold Hoffman’s lawsuit over his dissatisfaction his male enhancement drug purchased from Supplements Togo Management and World Class Nutrition. It appears that “Erection MD” did not help his juris doctor and he sued. After losing in the court below, the New Jersey appellate court has now revived his flaccid lawsuit. (Ok, that is the last double entendre).
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Baltasar Garzón Receives Human Rights Award and Criticizes Obama Administration For Violations of International Law

This weekend, Baltasar Garzón, the Spanish judge who ordered the arrest of former Chilean dictator Augusto Pinochet, received the ALBA/Puffin Award for Human Rights Activism in New York. My roughly two-hour interview with Garzón before his receiving the award proved quite newsworthy with Garzón discussing subjects ranging from the charges that he is facing in Spain to current issues of human rights violations by the United States to the threats to assassinate him. Most notably, Garzón criticized the Obama Administration for rolling back on the Nuremberg principles and violating international obligations to prosecute individuals for torture and war crimes.
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Law Schools’ Use of Merit Scholarships

-Submitted by David Drumm (Nal), Guest Blogger

The U.S. News law school rankings are very important in attracting the best and the brightest students. Another incentive is the awarding of merit scholarships to the candidates with higher LSAT scores. The median LSAT score accounts for 12.5% of the school’s ranking. The median LSAT score can be adjusted by providing merit scholarships to those with higher scores. This can get expensive for the school. But, luckily, the schools have an out: the scholarships are usually based on maintaining a minimum GPA which is determined on a curve. If the school does not make that abundantly clear, it’s in the fine print.

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Putting the Doctor Back Into Juris Doctor: Lawyer Arrested For Performing Unlicensed Surgery

Carmen Olfidia Torres-Sanchez, 47, is a lawyer with the Colombian attorney general’s office, but she appears to take the doctor in juris doctor a bit too literally. Torres-Sanchez and her husband Ruben Dario Matallana-Galvas, 55, were arrested in the latest case of unlicensed cosmetic surgery — a surgery that led to the death of Elena Caro, 42. They face charges of second-degree murder. We previously looked at the case, but I was unaware that one of the defendants is actually a lawyer with the attorney general’s office. They were indicted yesterday.
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Sooner Justice: Oklahoma Murder Conviction Overturned Due To Comments By Judge That Jurors Should Not Be “Hardheads” In Delaying A Verdict

There is an interesting case out of Oklahoma where the murder conviction of Kassie Lakei Bills was overturned due to the comments at trial by Judge Ray Elliott of Oklahoma County. Elliott told the jurors to reach a quick verdict and not be “hardheads” by keeping everyone at the court. I guess that is why they call folks in Oklahoma “Sooners.”
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