Category: Lawyering

“Supreme Court” Upholds Health Care Law

As I mentioned on Countdown last night, my Supreme Court class (which reviews the leading cases of the term and deliberates as an alternative Supreme Court) ruled on the constitutional challenge over the individual mandate provision (we will be considering the other issues in a separate class). The class ruled 12 to 2 to reverse the 11th Circuit and uphold the health care law. The class also voted on the ethical question of Kagan’s recusal as well as their prediction of what that other Court would do. The associate justices were not sway by the stated concerns of the Chief Justice (here and here) over the future of federalism if the Act is constitutional.

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Is Paul Clement Destined For A Wet Willy? Lead Attorney In Health Care Case Calls Arguments On First Day Was “Practical Joke” Pulled By Justices On Nation

Was the first day of arguments over the health care law historic . . . or just a giant practical joke? Paul Clement, representing the 26 states challenging the law, said the first day of arguments in the litigation was “a kind of practical joke that the court is playing on the public.” It would not seem the most politic comment to make when you will be seeing these nine jokers in the morning.

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New Witness Reportedly Comes Forward In Support Of Zimmerman’s Account in Martin Shooting

The facts behind the killing of 17-year-old Trayvon Martin in Florida continue to slowly emerge. I have previously stated that I view critical facts as murky for a prosecution — even though I believe that there was sufficient evidence to arrest George Zimmerman at the scene. While we have still not seen some of the forensic evidence, a new report indicates that police may have based their initial decisions in part on the statement of a witness. We have been discussing the maddening gap in witness testimony at the critical moment of the confrontation. Now a new report suggests that there may have been a witness to the struggle and that witness reportedly told police that it was Martin who was on top of Zimmerman before the fatal shot was fired.

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Top Drug Prosecutor In Michigan Disbarred For Soliciting False Testimony

The former chief drug prosecutor for Wayne County, Michigan has been disbarred for her role in soliciting false testimony. Former Wayne County assistant prosecutor Karen Plants had originally been suspended for only two years, but the Attorney Discipline Board on reconsideration bumped the penalty up to full disbarment on reconsideration of her case due to her “lack of reflection.”

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Court Bars Representation By Counsel Who Offered His Own New York City Loft As Collateral On Bond For Accused Madam in Prostitution Case

A New York City lawyer has been removed from a case involving a high-end prostitution ring because the judge, Manhattan Supreme Court Justice Juan Merchan found his relationship with the accused “Madam” to be “murky.” Attorney Peter Gleason had put up his own $2.5 million New York City loft as collateral on the $2 million bond for Anna Gristina (shown here in a photo with her husband).

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How Patriotic is the Patriot Act?

Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

When the Patriot Act was signed into law back in 2001, there was significant discussion about and distrust in the broad powers granted to the FBI and other intelligence gathering agencies. I won’t go into the uproar that ensued back then, but I do want to discuss the latest events pertaining to the infamous Section 215 of the Patriot Act.  Section 215 of the Patriot Act is the section that has been dubbed as the “business records” provision of the Act.  In the last few days, two United States Senators reconfirmed their concern over the possible misuse of the broad powers granted to the government in Section 215.  Senator Ron Wyden and Senator Mark Udall have made public their recent letter to Attorney General Holder expressing their grave concerns on just how Section 215 is being interpreted and used to spy on Americans. Continue reading “How Patriotic is the Patriot Act?”

Could The End Of Political Hate-Speech Be Due To a Fluke?

By Mark Esposito, Guest Blogger

Georgetown University Law Schooler Sandra Fluke may have been able to do something George Soros’ millions, a whole gaggle of Democratic strategists, and Al Franken’s book, Rush Limbaugh Is a Big Fat Idiot, couldn’t do – dethrone the King of Caustic in the court of public opinion.  She may have done something else, too. Something truly unexpected in red-blue battlefield where American politics is played. The feisty feminist may have just made political discourse civil again.

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Twenty Additional Law Schools Accused Of Cheating On Employment Figures

New York lawyer David Anziska has been one of the attorneys pushing litigation against law schools over inflated or erroneous employment figures. He has now released a list of 20 law schools accused of fudging the books. Two top 50 schools — Pepperdine and American University — are listed. No evidence for the inclusion on the list has been given and these schools have not had the opportunity to respond. Some of the schools have been previously accused of such fudging of data in the now hyper-competitive annual rankings.

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U.S. News & World Report Rankings 2012 Released For Law Schools

The new rankings for law schools are now out for 2012. Yale, Stanford, Harvard, Columbia, Chicago, NYU, Berkeley, Pennsylvania, Virginia, and Michigan round out the top ten schools this year. That is basically the same group from last year but there are changes. Stanford passed Harvard to take the second position. Berkeley moved from 9th to pass Michigan and tie for 7th place. Michigan had the biggest hit — falling from to 10th. George Washington is again at 20th. (GW is also ranked again as having the second best part-time legal program in the country after some other school named George-something)

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Texas Lawyer Accused Of Conspiring With His Mistress To Shoot Wife . . . Wife Recovers, Reconciles With Husband, and Sues His Mistress

Ok, you may need a cup of coffee to follow this one so pay attention. According to police, Texas personal injury attorney Jeffrey Stern (left) was having an affair with Michele Cabrera Gaiser (right below) and wanted to get rid of his wife, Yvonne Stern. So Stern and Gaiser allegedly solicited Nhut Nguyen to shoot Yvonne. Yvonne was shot in the stomach on May 5, 2010 but survived and filed for divorce — citing adultery. Later, however, Yvonne reconciled with Jeffrey Stern, who is currently charged with soliciting her murder and she is now suing Gaiser in tort. Got that?

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Congressional Malpractice

Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

It seems that you can’t go anywhere on the Internet and not read an attack on the EPA by a Republican member of Congress. The HillMcClatchey    Unfortunately, I was not surprised how many of the Republican Congressmen were attacking the EPA and its attempts to control and eliminate air pollution.  However, I was surprised by how many of those Congressmen were physicians.

“What would you think if your physician told you, “Keep smoking because quitting would kill tobacco and health care jobs.” Or, “Don’t take your high blood pressure medicine, you can’t afford it.” And, “Don’t lose weight, no one has proven obesity is bad for you.”  That’s exactly the quality of medical advice we are getting from the 18 Republican physicians currently serving in Congress. Some of the most well known are the father and son team of Rep. Ron Paul and Sen. Rand Paul, and Sen. Tom Coburn. Almost all of these physician/Congressmen have been key soldiers in the Republican war on the Environmental Protection Agency (EPA), calling it a “job killer,” pronouncing relevant health science “unproven,” claiming we “can’t afford” their regulations.”  Truthout  Continue reading “Congressional Malpractice”

Mueller: I Can’t Say Whether I Now Can Kill Citizens In The United States Under Obama’s Kill Doctrine

This week we have been discussing Attorney General Eric Holder’s recent speech at Northwestern University Law School detailing the claim of President Barack Obama that he has the right to kill American citizens based on his inherent authority and the ongoing war on terror. I previously wrote a blog and a column on the issue. Those pieces noted that Holder limited his remarks by referring to targeted killing “abroad.” However, I noted that the Administration’s past references to this power are not so limited. Indeed, the only limits stated by the Administration have been self-imposed standards and what Holder calls “due process” — expressly excluding “judicial process.” Now, FBI Director Robert Mueller has entered the fray. On Wednesday Mueller was asked in a congressional hearing whether the current policy would allow the killing of citizens in the United States. Mueller said that he simply did not know whether he could order such an assassination. It was the perfect moment to capture the dangerous ambiguity introduced into our system by this claim of inherent authority. I can understand Mueller deferring to the Attorney General on the meaning of his remarks, but the question was whether Mueller understands that the same power exists within the United States. One would hope that the FBI Director would have a handle on a few details guiding his responsibilities, including whether he can kill citizens without a charge or court order.
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Iranian Human Rights Lawyer Sentenced To 18 Years In Prison For Accepting “Unlawful” Humanitarian Award And Other “Crimes”


Iranian human rights lawyer Abdolfattah Soltani has been sentenced to 18 years in prison by what the Iranian government refers to as “courts.” To his credit, Soltani refused to defend himself before the Iranian tribunal which blindly carries out the dictates of the religious leaders of the country.

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