Tuesday, December 31, 2013

Legal-Tech Announcement Kick-off: Smart Phones, Smart Watches, Tablets, and more.

‘Tis the season for new technology. Starting with smart phones, we have the two new iPhones, the Nokia Lumia, and the Google Moto X. In only the start of the season, there are more announcements, including new smart watches and tablets, in the works. On this edition of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell will review some of the newly released technology, talk about what will work best for lawyers, and what we should expect to see in the upcoming releases. In the second half of the show your hosts will honor the 15th anniversary of CaseMap, a LexisNexis case-management software made specifically for litigators.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2013/09/legal-tech-announcement-kick-off-smart-phones-smart-watches-tablets-and-more

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Karmin Declares They Want It All This NYE With A Touch Of Disco! Listen To Their New Song HERE!

The sound is different for sure...

But we're just as OBsessed with this engaged and adorbz musical couple!

Karmin's hot new roller rink jam, I Want It All, is laced with disco fabulocity and a huge departure from their usual "full of sick beats" sound!

Amy Heidemann takes a break from rapping on this track, providing us with a deliciously retro vibe!

I Want It All will be featured on Karmin‘s upcoming album Pulses, which comes out in 2014!

Ch-ch-check out the fun new song (above!) and have a dance off in bell bottoms, y'all!

And CLICK HERE too see them perform EXCLUSIVE acoustic jams for PerezHilton.com!

Source: http://perezhilton.com/2013-12-31-karmin-new-song-i-want-it-all-disco

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Mark Woods: Earl Schwend made big impact in small town (Florida Times-Union)

Share With Friends: Share on FacebookTweet ThisPost to Google-BuzzSend on GmailPost to Linked-InSubscribe to This Feed | Rss To Twitter | Law - Video News, News Feeds and News via Feedzilla.

Source: http://news.feedzilla.com/en_us/stories/law/video/350087617?client_source=feed&format=rss

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I’ll Tumblr for Ya

While Facebook, LinkedIn and Twitter draw the lion’s share of social media attention, there are many other social media platforms available to lawyers. Tumblr, Pinterest and Foursquare are just a few of the alternatives. How can you evaluate which of these tools might be worthy of your time and effort? On The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell survey the lesser-traveled landscapes of the social media world, identify some tools that might make sense to some lawyers in some scenarios, and speculate about the future of specialized social media tools.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/07/ill-tumblr-for-ya/

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Britney Spears Kicks Off Her Vegas Show! How'd She Do?

Britney Spears kicked off her long-anticipated Las Vegas show on Friday, and we're pleased to announce: it's a hit! Britney: Piece of Me, which is scheduled to run for two years at Planet Hollywood, wowed critics with its dazzling special effects, nonstop dance numbers, and greatest-hits set list. Read on for clips and details!

Source: http://www.ivillage.com/britney-spears-las-vegas-residency-begins-show-review/1-a-556096?dst=iv%3AiVillage%3Abritney-spears-las-vegas-residency-begins-show-review-556096

AnnaLynne McCord Anne Marie Kortright April Scott

Jack, My Narcoleptic Nephew Update

Remember when I wrote this post about how my nephew Jack can sleep anywhere?

Well, here's the latest:

Source: http://www.prettyinthecity.com/blog/2011/6/17/jack-my-narcoleptic-nephew-update.html

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Second Circuit Clarifies Scope of SLUSA Preclusion

In Trezziova v. Kohn (In re Herald, Primeo & Thema Sec. Litig.), No. 12-156-cv, 2013 U.S. App. LEXIS 19132 (2d Cir. Sept. 16, 2013), the United States Court of Appeals for the Second Circuit affirmed the dismissal of state law class action claims alleging, among other claims, that defendants had aided and abetted Bernard Madoff Investment Securities’ (“BMIS”) Ponzi scheme.  Plaintiffs were investors in the defendant investment companies and funds, which had, in turn, invested large sums of money in BMIS.  The Court held the claims were precluded by the Securities Litigation Uniform Standards Act of 1998 (“SLUSA”), 15 U.S.C. § 78bb(f), even though plaintiffs did not actually purchase any “covered securities” under SLUSA and did not style their claims as securities fraud allegations.  The fact that plaintiffs’ allegations centered on purported sales of covered securities by BMIS was sufficient to trigger SLUSA.

Plaintiffs brought various state law claims against defendants JPMorgan Chase & Co. and Bank of New York Mellon, both of which had provided banking services to BMIS.  Plaintiffs alleged that the banks had known about BMIS’ securities fraud, chosen not to report the fraud, and instead assisted BMIS in the commission of the fraud.  The claims, which included claims for civil conspiracy, aiding and abetting, conversion, breaches of fiduciary duty and unjust enrichment, were all purported state law claims.  Defendants moved to dismiss.

The United States District Court for the Southern District of New York granted the motion to dismiss, holding that the claims were precluded by SLUSA.  SLUSA generally bars plaintiffs from bringing actions based on state common or statutory law on behalf of more than fifty people “in connection with the purchase or sale of a covered security.”  SLUSA adopts the definition of “covered security” in the Securities Act of 1933 as one that is “listed, or authorized for listing, on [the national exchanges]” or one that is “issued by an investment company that is registered . . . under the Investment Company Act of 1940.”  Though plaintiffs’ claims sprung from their investments in what were actually “foreign feeder funds” and not “covered securities,” the court held that SLUSA nevertheless applied because BMIS’ investment strategy involved the purported purchase and sale of “covered securities.”  Since plaintiffs’ claims were “integrally tied” to BMIS’ fraud, the district court held they were precluded under SLUSA.

The Second Circuit affirmed, agreeing with the district court on two key issues.  First, the Court affirmed the district court’s holding that the fact that BMIS had only pretended to execute trades of covered securities, and had actually invested plaintiffs’ money in foreign feeder funds, did not prevent plaintiffs’ claims from being precluded by SLUSA.  Defendants’ potential liability, the Court observed, hinged not on the investment in the feeder funds, but on defendants’ alleged assistance of BMIS’ Ponzi scheme, which involved purported investments in “covered securities.”  Next, the Court affirmed that plaintiffs’ allegations were precluded by SLUSA even though plaintiffs had not framed their allegations as securities fraud claims.  The Court noted that SLUSA requires it to look past the pleadings to the realities of the underlying claims.  SLUSA does not allow plaintiffs to avoid preclusion merely by omitting references to federal securities laws.  Because the complaints essentially alleged defendants were complicit in BMIS’ securities fraud, and were thus integrally tied to that securities fraud, the allegations were “more than sufficient” to trigger SLUSA preclusion.

The Second Circuit’s decision here clarifies the scope of actions that fall within the ambit of, and may be precluded by, SLUSA.  Plaintiffs attempting to bring securities fraud class actions will not be able to avoid SLUSA preclusion by alleging only state law claims.  This decision brings courts closer to effectuating the purpose of SLUSA, and requiring plaintiffs bringing securities fraud class actions to comply with the heightened pleading requirements of the Private Securities Litigation Reform Act of 1995.

For further information, please contact John Stigi at (310) 228-3717 or Robin Achen at (213) 617-5579.

Source: http://www.corporatesecuritieslawblog.com/2013/10/second-circuit-clarifies-scope-of-slusa-preclusion/

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'Captain America: The Winter Soldier': Get Your First Good Look At The Villain

Sebastian Stan's villainous Winter Soldier takes center stage in new pic.
By Alex Zalben

Source:
http://www.mtv.com/news/articles/1719646/captain-america-winter-soldier-villain-reveal.jhtml

Adrianne Palicki Aisha Tyler Aki Ross Alecia Elliott Alessandra Ambrosio

OPINION: Uncowed, Companies Fight FTC's Power Play Over Cybersecurity

Agency is overstepping its bounds, and two businesses are primed for a court battle.

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202634232813&rss=rss_nlj

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Baby Girl on the Way for Teresa Castillo

A

Source: http://feeds.celebritybabies.com/~r/celebrity-babies/~3/lnUBwzqXC6M/

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Lawyer2Lawyer: A Retrospective

We started Lawyer2Lawyer back in August of 2005 with the idea of providing quality content and discussion of timely legal news and information for the legal profession with regularly published podcasts and often videos too. Since our inception, we have set the precedent for legal podcasting in numbers of listeners globally, but more importantly, we’ve been one of the leaders in great content - our priority over the past 7 years. On this final edition of Lawyer2Lawyer, hosts Bob Ambrogi and Craig Williams, talk about their personal experiences over the years with this legal podcast.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/10/lawyer2lawyer-a-retrospective/

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Taylor Swift Named Tennessean of the Year 2013

Moving to the state to pursue a music career at 14, Taylor Swift has certainly impressed Tennesseans thus far.

On Saturday (December 28), local publication The Tennessean named the country crooner the 2013 Tennessean of the Year.

Gushing about the 24-year-old star, the paper says she's "become a worldwide ambassador for Tennessee's capital city, an example to millions of young (and not-so-young) people of how to turn damaged feelings into healing creativity, and a financial booster to some of the city's most important institutions."

Giving back to her adopted hometown, Ms. Swift gave $4 million to the Country Music Hall of Fame Museum to open the Taylor Swift Education Center. Earlier this month, she made a $100,000 donation to the Nashville Symphony.

Speaking about the honor, Taylor said that the city "shaped me into who I am," continuing, "I think everybody feels that. We don't have an ocean, or mountains: People come here because of the feeling they get. It pulls you in and turns you into who you're going to be."

Source: http://celebrity-gossip.net/taylor-swift/taylor-swift-named-tennessean-year-2013-1001309

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Magic Words, Magic Rights

Knowing my love of police "magic words," a reader pointed me to a thread on the subreddit Bad Cop No Donut on whether there is anything to be done when a police officer claims he "smells pot" in a car.

Or does the 4th Amendment REALLY vanish with those magic words?

I've been stopped and the cop claimed he smelled pot, when, at the time, I hadn't touched the stuff in years. I told him I'd consent to a search if he apologized for wasting both of our time when he didn't find anything. He searched, didn't find anything, and I was on my way without an apology and a "verbal warning" to fix my tail light

Do you ask for another officer's opinion?

Do you tell the officer "bullshit"?

I'm just trying to help some people know what to do in this situation.

Initially, it helps for have a basic understanding of the law as it currently exists. When a cop says he "smells pot," he is invoking the automobile exception to the warrant requirement, which is based on exigent circumstances. Since a person can drive away, and thereby evade arrest and seizure of evidence of a crime in a car, the Supreme Court crafted the exception fin Carroll v. United States, a 1925 opinion about bootleggers getting away from the revenuers, which has done more harm to the 4th Amendment than perhaps any other case.

Since smell can't be captured and bottled for later presentation to a judge, the only "proof" of what an officer smelled is the officer's testimony. If he says so, it becomes real, and that's why they are magic words. Other than proving impossibility or incredibility, there is essentially nothing that can be done to challenge what the cop says he smelled. More importantly, even if a subsequent search turns up no pot, that doesn't mean he didn't smell what he smelled. The officer will testify about his training and experience in smelling pot, and yet he can be mistaken. The law doesn't require the cop to be right.

But the discussion thread about the magic words is where a grave misunderstanding about the system becomes clear.  The problem derives from the absence of any marijuana in the car. The cop says he smelled it. This gives rise to probable cause to search and the automobile exception allows the cop to do so without a warrant. A search follows, and it can be as intrusive as the cop chooses to make it. By intrusive, it can include dismantling your brand new Maserati into a million pieces on the side of the road and, when it's over, leaving it there.

So the cop smells pot, searches and comes up empty. No apology. No help putting your Maserati back together. He drives away without so much as a tip o' the hat. This is where people don't seem to understand how constitutional rights work.

There are no elves in the backroom enforcing your constitutional rights. Had the police officer found something in the car to justify an arrest, the question of the constitutionality of the search could be hashed out in court in a suppression motion and hearing.  Bear in mind that the cop may have claimed to smell marijuana, but that doesn't mean pot is what was found. Maybe other drugs. Maybe an illegal gun. Maybe a dead body. The smell of pot claim serves to except the search from the warrant requirement, and whatever comes of the search is the basis for the subsequent arrest.

But the cop finds nothing. Nada. Zip. You are clean and, surrounded by the pieces of your brand new Maserati, free to go.  What then?

This is where people get confused. That's it? Don't the cops have to, you know, do something?

No red light goes off in the backroom of the constitutional elves. Actually, there is no such backroom. There's nothing. As the cop drives away, that's the end of the encounter, unless the person chooses to take action to contest the violation of his constitutional rights, such as a §1983 claim.

The problem there, of course, is that the cop, invoking the magic words that he "smelled pot," will very likely prevail despite the fact that he found nothing. You won't make it past summary judgment. More significantly, no lawyer will take the case on contingency, meaning that you will have to pay to play, and it will prove to be an expensive longshot to even make the effort to enforce your constitutional rights.

Consider the plight of people stopped in the street in New York City under the stop & frisk program, where the most generous view is that the police take action against 12% of the people stopped. They've performed millions of stops, and a tiny fraction have resulted in people going before a judge, where they can contest what happened. The others, the millions of people stopped and searched where nothing was found, just walk away, having been violated, humiliated and treated like pond scum.

The Constitution is not a self-effectuating document. It requires someone to act upon it to challenge police conduct. Otherwise, they are words without meaning, easily thwarted by police invoking the myriad exceptions the courts have provided.  And here's an even worse secret: they don't even have to use magic words unless they ultimately find something, arrest a person and want to use it as evidence in court.

They get this. Most people don't. Most people harbor a naĂŻve belief that, despite everything they know about how the police function, there is still some thread of honesty woven through their conduct that somehow makes them behave in accordance with the Constitution.

There are some excellent videos and writings about how to best conduct oneself to properly invoke constitutional rights and to create countervailing evidence to support one's invocation. The pervasiveness of video is a huge factor in showing that police have manufactured claims and false allegations, and these go a long way in keeping police clean where in the past they could make up anything they want to and there would be no way to challenge them.

But these rights we love so dearly don't happen on their own. Someone has to make them happen. We make them happen.  And if we don't, then we're left on the side of the road with our Maserati in pieces cursing.  The cops have magic words, but constitutional rights aren't magic. They only happen if we make them.



© 2007-13 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.

Source: http://blog.simplejustice.us/2013/07/08/magic-words-magic-rights.aspx?ref=rss

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Instagram King James Franco On The Art Of Selfies

The 'This Is The End' actor explains his frequent use of selfies in a new op-ed published by The New York Times.
By Josh Wigler

Source:
http://www.mtv.com/news/articles/1719644/instagram-king-james-franco-on-art-selfies.jhtml

Jaime Pressly Jamie Chung Jamie Gunns Jamie Lynn Sigler Janet Jackson

How to be a Good Legal Negotiator

Ringler Radio, host Larry Cohen along with colleague, Bill Wright, and special guest Professor Seth Freeman, J.D., a highly-rated professor of negotiation and conflict management at NYU’s Stern School of Business and at Columbia University, discuss negotiation tactics, in particular the art of skilled legal negotiating, along with observations and advice to attorneys when it comes to preparation.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2013/12/how-to-be-a-good-legal-negotiator

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Josh Hutcherson Was Met With The Mockingjay Salute At A University Of Kentucky Basketball Game

This past weekend, The Hunger Games star Josh Hutcherson attended a college basketball game in his home state at the University of Kentucky and was met by cheers, adulation and an impromptu Mockingjay salute by members of the crowd. If you have seen either of the Hunger Games films, you know that the Mockingjay salute [...]

Source: http://www.pinkisthenewblog.com/2013-12-30/josh-hutcherson-was-met-with-the-mockingjay-salute-at-a-university-of-kentucky-basketball-game

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Defending a Serial Killer

What is it like to defend one of America’s most infamous serial killers? Lawyer2Lawyer hosts Bob Ambrogi and Craig Williams join retired judge and lawyer, Sam L. Amirante, and retired lawyer, Daniel J. Broderick, to discuss their new book, John Wayne Gacy: Defending a Monster, and the constitutional right to a defense.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/10/defending-a-serial-killer/

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Monday, December 30, 2013

It Recently Occurred To Me That Kellan Lutz Is Seriously Hot

So. Kellan Lutz. I have been missing out! Recently we got to share some cool new footage from Kellan Lutz‘s upcoming movie The Legend Of Hercules, and I was all like, Um. Who is this guy and why haven’t I been previously alerted to his hotness? Now the truth is, Trent‘s been covering his important [...]

Source: http://www.pinkisthenewblog.com/2013-12-30/it-recently-occurred-to-me-that-kellan-lutz-is-seriously-hot

Jaime King Jaime Pressly Jamie Chung Jamie Gunns Jamie Lynn Sigler

Plot Twist in Sherlock Holmes Case

A federal judge has opened the door to a new generation of original stories featuring Sherlock Holmes and his trusty sidekick Dr. Watson—with a caveat.

Source: http://blogs.wsj.com/law/2013/12/27/plot-twist-in-sherlock-holmes-case/?mod=WSJBlog

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2013 Year In Review: Crazy Celebrity Headlines & Naughty Scandals

Celebrity scandals 2013The year 2013 is coming to an end and we want to take a walk down memory lane to review that biggest celebrity stories this year. Let’s check out the craziest scandals, shocking celebrity deaths, and stars behaving badly in 2013. Cutie-pie Reese Witherspoon Arrested Reese Witherspoon showed off her sassy (and a bit obnoxious) ...

Copyright - Stupid Celebrities Gossip 2013. If you see this content on any other website, it has been stolen. Please report.

Source: http://stupidcelebrities.net/2013/12/2013-year-in-review-crazy-celebrity-headlines-naughty-scandals/

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Federal judge rules NSA data collection legal and useful

[JURIST] A federal judge for the US District Court for the Southern District of New York [official website] ruled [text, PDF] on Friday that the National Security Agency's (NSA) [official website] PRISM [JURIST backgrounder] program, which includes massive collection of American citizens' telephone records, is legal. Judge William H. Pauley III ruled that the program was permitted under Section 215 of the Patriot Act and the Fourth Amendment [LII backgrounders] because it served a legitimate, useful purpose. The opinion observed...

Source: http://jurist.org/paperchase/2013/12/federal-judge-rules-nsa-data-collection-legal-and-useful.php

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Whoa! Check Out Miley Cyrus' Sexy "Adore You" Video

Forget the twerking teddy bears: Miley Cyrus' new video is straight-up sexy. The 21-year-old pop star has officially released her video for the R&B jam "Adore You," starring herself, some lingerie, a bathtub and a bedsheet. Watch it below! (Warning: semi-not safe for work.)

Source: http://www.ivillage.com/watch-miley-cyrus-super-sexy-adore-you-video/1-a-556055?dst=iv%3AiVillage%3Awatch-miley-cyrus-super-sexy-adore-you-video-556055

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In Light of NSA Surveillance, Should Lawyers Encrypt?

In this edition of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss encryption. The recent news coverage of the NSA surveillance has everyone talking about who can access their data, and this is especially relevant to practicing attorneys, who have to consider both their own data as well as that of their clients. According to your hosts, 30% of lawyers are using encryption to secure files and only 24% are using it to send email. This poses the question: Has the time for lawyers using encryption arrived?

The second segment of the show will talk about Tom’s switch from the iPhone to the Android smartphone. Learn how and why he made the decision to make the change and his review, so far.

Special thanks to our sponsor, Transporter.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2013/06/in-light-of-nsa-surveillance-should-lawyers-encrypt

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Vanessa Carlton And John McCauley Got Hitched!

Whoa! Did you guys know that Vanessa Carlton was 33 years-old and about to get hitched? I feel crazy-old right now. The A Thousand Miles singer (oh yeah, you remember that song) had apparently been suffering from some health problems, as a result of an ectopic pregnancy. But she was engaged at the time and [...]

Source: http://www.pinkisthenewblog.com/2013-12-29/vanessa-carlton-and-john-mccauley-got-hitched

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Doe B Murder Suspect Arrested

The Blueprint group remembers the Grand Hustle rapper for his 'love of life.'
By Nadeska Alexis, with additional reporting by Rob Markman

Source:
http://www.mtv.com/news/articles/1719705/doe-b-murder-suspect-arrested.jhtml

Ana Paula Lemes Ananda Lewis Angela Marcello Angelina Jolie Anna Faris

Predictive Policing and the Law

Some law enforcement agencies, like the Los Angeles Police Department, are turning to crime prediction software to aid in decreasing the rising crime rate, better known as predictive policing. Weighing the advantages of these programs to reduce crime raises questions about racial profiling within specific neighborhoods and our civil liberties. Lawyer2Lawyer hosts Bob Ambrogi and Craig Williams join Dr. Jeff Brantingham, co-founder of the company, PredPol and Professor Andrew G. Ferguson from the University of the District of Columbia David A. Clarke School of Law, as they look at the legal issues surrounding predictive policing.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/09/predictive-policing-and-the-law/

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Content Marketing for Lawyers

If you want to market your practice by leveraging your expertise, content marketing may be your answer. Jared Correia, the host of The Legal Toolkit and Senior Law Practice Advisor with Mass. LOMAP, interviews Gyi Tsakalakis, the director of web marketing for AttorneySync, to get the skinny. Jared and Gyi discuss different types of content marketing and distribution platforms, the efficacy of paywalls and the skill set lawyers need to become effective content marketers.

Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2012/08/content-marketing-for-lawyers/

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Catarina Migliorini, Brazilian College Student, Delays Virginity Auction to Mull Marriage Proposal

Source: http://www.thehollywoodgossip.com/2013/12/catarina-migliorini-brazilian-college-student-auctioning-off-vir/

Angelina Jolie Anna Faris Anna Friel

Inside BU Law’s Housing, Employment, Family and Disability Clinic

Law students who participate in the Civil Litigation Program's Housing, Employment, Family and Disability Clinic work for credit under the supervision of four full-time BU clinical faculty. They can represent anyone from tenants in eviction defenses in housing court, to parties in divorces in probate court. Host David Yas, a BU Law alum, former publisher of Massachusetts Lawyers Weekly and a V.P. at Bernstein Global Wealth, sits down with Professor Robert G. Burdick, director of the Civil Law Clinical Program, to talk about how the clinic works, and the real life training that students gain by participating in this clinic.

Source: http://legaltalknetwork.com/podcasts/boston-university-school-of-law/2012/07/inside-bu-laws-housing-employment-family-and-disability-clinic/

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Happy 56th Birthday, Matt Lauer!

Source: http://www.thehollywoodgossip.com/2013/12/happy-56th-birthday-matt-lauer/

Ana Ivanovi Ana Paula Lemes Ananda Lewis Angela Marcello Angelina Jolie

Carly Rae Jepsen to Make Broadway Debut as ‘Cinderella’ in Rodgers & Hammerstein’s Musical

Carly Rae Jepsen is set to make her Broadway debut in the title role of Rodgers & Hammerstein’s musical ‘Cinderella.” The Canadian pop star rose to international fame with her viral video turned smash hit ‘Call Me Maybe.’




The 28-year-old Grammy-nominated Canadian singer-songwriter who got her start as a finalist on Canadian Idol, has sustained a middling music career until Justin Bieber discovered and Tweeted her song ‘Call Me Maybe’ causing it to go viral, and soon thereafter she signed a record deal with his manager, Scooter Braun’s label. The song went on to become ubiquitous and much parodied as it topped charts in numerous countries and become the bestselling single in the world in 2012.

Now Carly Rae Jepsen’s ascending career makes another huge leap when she takes over the role of Cinderella from the Tony-nominated actress Laura Osnes on February 4, 2014 for a 12-week run of performances. ‘Happily Divorced’ star Fran Drescher will portray the stepmother, also marking her Broadway debut.

She told the New York Times about her longtime aspiration to star on Broadway — she had had starring roles in musicals in high school — including ‘Annie,’ ‘Grease’ and ‘The Wiz’ — as well as her training at the Canadian College of Performing Arts, saying, in a statement, “It was essentially musical theater training with studies in singing, dancing and acting…My favorite part of the school year was our trip to New York, where we met Broadway performers and toured the theaters.”

Of the iconic fairytale Cinderella, she said, “It’s so hopeful and inspiring. I’ve always been one to believe in the impossible, so I relate to her character completely.”

Carly Rae Jepsen also Tweeted her excitement over the role: ‘Dream come true.”







Pictures: PR Photos

Source: http://feedproxy.google.com/~r/RightCelebrity/~3/vrWBgS-MQdw/

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Eric Turkewitz on Legal Blogging

Eric Turkewitz, of The Turkewitz Law Firm and author of the New York Personal Injury Law Blog, offers dos and don'ts for first-time legal bloggers.

Source: http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202596852680&rss=newswire

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'Duck Dynasty' Update: Phil Robertson Breaks His Silence

It comes as no surprise that Phil Robertson won't back down. The Duck Dynasty patriarch was suspended from his own A&E reality series after making some anti-gay comments in GQ magazine. Robertson's Biblically-based views about homosexuality, and the network's knee-jerk reaction, have incited a media firestorm, with fans rallying behind Robertson and critics demanding his removal from the show. The rest of the family has already spoken out in support of Robinson. Now, Phil is finally opening up to the media.

Source: http://www.ivillage.com/duck-dynasty-anti-gay-controversy-phil-robertson-breaks-his-silence/1-a-555945?dst=iv%3AiVillage%3Aduck-dynasty-anti-gay-controversy-phil-robertson-breaks-his-silence-555945

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The Lavabit Legal Battle: Should the Government Have Access to Secure Email?

Several email providers across the nation have chosen to shut down in reaction to the government subpoena of Lavabit’s data. Ladar Levison, CEO of secure email provider Lavabit, chose to end operations after the government requested the company’s SSL keys, which would grant access to more than 400,000 users’ emails. Levison challenged the subpoenas under the fourth amendment and organizations including the ACLU and EFF have filed amicus briefs on behalf of Lavabit – but at this juncture, the security of secure email is unknown. In this edition of Lawyer2Lawyer hosts Bob Ambrogi and J. Craig Williams invite Attorney Jesse R. Binnall, Levison’s counsel, to discuss the case, what it means for all secure email providers, and how it affects lawyers’ responsibility for protecting their clients’ digital information.

Jesse R. Binnall is a partner of Bronley & Binnall, PLLC. His practice areas include civil litigation, small business and non-profit law, commercial lease disputes, appellate litigation, and election law. He has litigated cases in some of the busiest and most respected courts in the nation, including the United States District Court for the Eastern District of Virginia and the Fairfax County Circuit Court. He also maintains an active appellate practice.

Special thanks to our sponsor, Clio.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2013/11/the-lavabit-legal-battle-should-the-government-have-access-to-secure-email

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The Home Office: Setting it Up, Making it Work, and Managing Work/Life Demands

Office space is becoming less common as lawyers and entrepreneurs experiment with communal work spaces and home offices. “It comes down to time, money, and family,” Kelli Proia, aka the Stay@Home Attorney, said. When she began her practice, she was working part time and raising a family, and renting office space wasn’t practical. Now that she has mastered the ways of a stay at home attorney, she works from home full time.

Proia spent her first eight years out of law school working as in-house intellectual property counsel at high-tech companies. When her daughter was born, she left the office ready to be a full-time mom. Missing her career, while enjoying every moment with her newborn, she set out to launch a part-time practice in 2009 from home. Now, she is working from home full time helping high-tech companies understand their intellectual property assets through IP management programs and eating dinner with her family almost every night.

Legal Toolkit host Heidi Alexander chats with Proia on how to set up a home office, tips on how to be productive, and how to take full advantage of the benefits of working from home.

Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2013/09/the-home-office-setting-it-up-making-it-work-and-managing-work-life-demands

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Sunday, December 29, 2013

Charlie Sheen’s Sex Tape With Nic Cage’s Ex Could Solve A Robbery!

This is getting juicier by the day!

Back in November, Nicolas Cage’s baby momma Christina Fulton told the police that four of her computers were stolen by someone who was looking for a sex tape she made with Charlie Sheen.

And now there’s a twist!

Christina has told the cops that she has a copy of the tape, which proves that the original exists, and she’ll give it to the PoPo next week.

They still haven’t found the computers or any tapes, but they have still arrested Ricardo Orozco, Christina’s handyman, and charged him with burglary. Reportedly, Orozco and two men -- who have been released -- sat down with Sheen’s lawyer after everything was stolen, and asked for money.

What a great way to get caught!

So far, the police are short on evidence for a criminal case, but this video could really help.

You have to wonder why Christina waited so long to come forward with the tape though!

Source: http://perezhilton.com/2013-12-29-charlie-sheen-sex-tape-may-solve-robbery-nic-cage-ex-christina-fulton

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What's Your Number? Premiere!

The What's Your Number? premiere is tonight in Los Angeles! I have my dress and I'm super excited!

I'm gong to be tweeting live from the red carpet at 6:30 PM PST for US Weekly magazine, so make sure to follow them and me on Twitter:

@usweekly

@karynbosnak

Source: http://www.prettyinthecity.com/blog/2011/9/19/whats-your-number-premiere.html

Brittany Snow Brittny Gastineau Brody Dalle Brooke Burke Brooke Burns

From Moneyball to Moneylaw: Driving Decisions with Data, the Legal Edition

Big Data is the big buzz phrase of the day. We certainly are living in the world of data – whether it’s big or not – but what happens if we turn data analytics onto law firms and legal datasets? Is this the new driver of legal decision making and technology? In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss how data analytics might be applied to the most common set of law firm data, whether MoneyBall can bring us to MoneyLaw, and what data-driven law practice might look like. The second half of the show will discuss the idea of taking a hiatus from technology without taking a vacation from work.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2013/11/from-moneyball-to-moneylaw-driving-decisions-with-data-the-legal-edition

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Three Big Mistakes From The Year's Best Films (And Two We Made Up)

The mysterious case of Sandra Bullock's missing diaper tops list of unrealistic movie moments.
By Kat Rosenfield

Source:
http://www.mtv.com/news/articles/1719661/big-film-mistakes-2013.jhtml

Izabella Miko Izabella Scorupco Jaime King Jaime Pressly Jamie Chung

The Return of Black Lung and the Law

A recent investigation found the rate of miners diagnosed with Black Lung Disease is surging after nearly three decades of decline. Some blame lenient regulations, lax enforcement, even manipulation of air samples from mines. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, get the reasons behind this shocking increase and a breakdown of Black Lung litigation from Chris Hamby, the author of the Center for Public Integrity report, and Attorney Stephen Sanders, the director of Appalachian Citizens’ Law Center.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/07/the-return-of-black-lung-and-the-law/

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Tori Spelling Ignores Dean McDermott Cheating Rumors, Posts Video of Kids on Christmas

Source: http://www.thehollywoodgossip.com/2013/12/tori-spelling-ignores-dean-mcdermott-cheating-rumors-posts-video/

Gwen Stefani Halle Berry Hayden Panettiere Haylie Duff Heidi Klum

NSA’s Phone Data Collection Program Lawful, Federal Judge Rules

A federal judge in New York on Friday ruled that the National Security Agency’s broad collection of U.S. phone customer data is lawful, dismissing a complaint filed by the American Civil Liberties Union.

Source: http://blogs.wsj.com/law/2013/12/27/nsas-phone-data-collection-program-lawful-federal-judge-rules/?mod=smallbusiness

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Chrissy Teigen Gets Rid of "Fifty Shades of Grey"

It's common for folks going on vacation to bring some leisurely reading materials with them, but Chrissy Teigen just couldn't hack it with "Fifty Shades of Grey."

Bringing the best-selling novel to the beach, the frequent tweeter shared a photo of the book in the sand with the caption, "Annnnd I'm done 2 pages in thank you for enjoying mystery science library."

Later, she gave it another go, but soon complained, "I feel like this started as a mad libs" and "Throwing this in the ocean." However, she decided instead to bury it in the sand, writing, "I tried."

Since deleted, one tweet read, "I have an extremely high pain tolerance. But I honestly don't think I can do this. This book is f---ing horrendous." Maybe she's waiting for the movie, instead.

Source: http://celebrity-gossip.net/chrissy-teigen/chrissy-teigen-1173871

Estella Warren Esther Cañadas Eva Green

Mid-year union dues increase: Hudson notice required, opt-in not opt-out

The US Supreme Court this morning held that "when a public-sector union imposes a special assessment or dues increase, the union must provide a fresh Hudson notice and may not exact any funds from nonmembers without their affirmative consent."

Knox v. Service Employees Intl Union (US Supreme Ct 06/21/2012)

This is a remarkable decision for two reasons.

First, the Court has never before held that unions must issue a Hudson notice before changing the amount of dues. Hudson notices have always been based on an after-the-fact look-back based on the previous year's audited accounts.

Second, the Court has never before held that unions cannot collect fees from nonmembers unless they affirmatively opt in. The Hudson notice system has always been based on the idea that nonmembers can get an after-the-fact refund.

The union representing California public sector employees has an agency shop agreement which requires nonmembers to pay an annual fee for "chargeable" expenses - nonpolitical costs related to collective bargaining. In June 2005 the union sent out its annual Hudson notice which estimated that chargeable expenses would be 56.35% of its total expenditures. After the 30-day period that nonmembers had to object, the union announced a 25% increase to fund a broad range of political expenses, but nonmembers were given no choice as to whether they would pay into this fund.

The US Supreme Court held (7-2) that

"when a public-sector union imposes a special assessment or dues increase, the union must provide a fresh Hudson notice and may not exact any funds from nonmembers without their affirmative consent."

The Court described this case as one involving compelled funding of the speech of other private speakers or groups, which is akin to compelled speech and compelled association. Therefore, it is subject to "exacting First Amendment scrutiny." In order to prevent the union from extracting a loan from unwilling nonmembers, the union must issue a fresh Hudson notice and must exempt nonmembers unless they opt in.

Two Justices, CONCURRING in the judgment, criticized the majority for adopting an opt-in system of fee collection which was "not contained in the questions presented, briefed, or argued."

Two Justices, DISSENTING, pointed out that unions have always been allowed to calculate each year's fee based on its expenses during the previous year. Although an imperfect system, it is not unconstitutional.

28 Day Free Trial

Custom Alerts

Source: http://www.lawmemo.com/blog/2012/06/midyear_union_d.html

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Exclusive 'The Legend Of Hercules' Photos: Kellan Lutz Is A Man And A God

A

Source: http://moviesblog.mtv.com/2013/12/11/legend-of-hercules-kellan-lutz/

Chloë Sevigny Christina Aguilera Christina Applegate Christina DaRe Christina Milian

Email scam: Message purports to be from court

Some District Courts have reported calls from members of the public saying they received an email telling them they must appear in court. The message, with the title “Notice to Appear,” contains the phone number of a local court and asks the recipient to open an attachment — a common tactic for scammers attempting to spread a virus or gain access to the recipient’s computer.

Recipients should be aware that the email did not come from the Minnesota Judicial Branch or the district courts, says court communications director John Kostouros.

Source: http://minnlawyer.com/minnlawyerblog/2013/12/23/email-scam-message-purports-to-be-from-court/

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Taylor Swift Tops Justin Bieber, Miley Cyrus On 2013's Do-Good List

Kendrick Lamar, Paul Walker and Carrie Underwood are also recognized for giving back on the DoSomething.org's annual list.
By Sophie Schillaci

Source:
http://www.mtv.com/news/articles/1719630/taylor-swift-most-charitable-2013.jhtml

Danneel Harris Deanna Russo Denise Richards Desiree Dymond Diane Kruger

Maritime Injuries and Structured Settlements

You don't hear much about maritime law until a huge disaster like the Costa Concordia cruise ship, which ran aground off the coast of Italy earlier this year. But the fact is, maritime accidents happen frequently and people are often left severely injured. On Ringler Radio, host Larry Cohen and co-host, Keith Christie join guest, Attorney Charles Leche, a partner at Deutsch, Kerrigan & Stiles, as they take a look at maritime law and how injured parties can have a financially secure future through structured settlements.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/10/maritime-injuries-and-structured-settlements/

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Beyoncé Is Readying The Release Of A New Fragrance For 2014

Now that the last days of 2013 — The Year of BeyoncĂ© — are winding down, homegirl is looking toward 2014 to extend her reign. We learn today that Bey is readying the release of her third fragrance (following her earlier smells BeyoncĂ© Heat and Pulse) to get her domination of the coming year started [...]

Source: http://www.pinkisthenewblog.com/2013-12-27/beyonce-is-readying-the-release-of-a-new-fragrance-for-2014

Cheryl Burke China Chow Chloë Sevigny Christina Aguilera Christina Applegate

Federal judge rules Ohio must recognize same-sex marriage on death certificates

[JURIST] A judge for the US District Court for the Southern District of Ohio [official website] ruled [opinion, PDF] on Monday that Ohio must recognize valid out-of-state marriages between same-sex couples on Ohio death certificates. The order also extends to marriages not authorized or validly performed under Ohio law, such as marriages between first cousins, marriages of certain minors and common law marriages. The court stated that by treating lawful same-sex marriages differently than it treats lawful opposite sex marriages,...

Source: http://jurist.org/paperchase/2013/12/federal-judge-rules-Ohio-must-recognize-same-sex-marriage-on-death-certificates.php

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What's Your Number? Premiere!

The What's Your Number? premiere is tonight in Los Angeles! I have my dress and I'm super excited!

I'm gong to be tweeting live from the red carpet at 6:30 PM PST for US Weekly magazine, so make sure to follow them and me on Twitter:

@usweekly

@karynbosnak

Source: http://www.prettyinthecity.com/blog/2011/9/19/whats-your-number-premiere.html

Bianca Kajlich Bijou Phillips Blake Lively

Is Batman Legally Dead?

On this episode of Lawyer2Lawyer, J. Craig Williams chats with Entertainment Lawyer Michael Baroni and superhero-law expert James Daily about the ending of The Dark Knight Rises. Proceed with caution – there are spoilers ahead! The city of Gotham sees Batman die at the end of the film. Does that mean that Bruce Wayne is legally dead, as well? And if so, who gets the batmobiles? Legally speaking, Warner Brothers’ design patent on the batmobile will run out, as will their patent on the story. Will another company fill the role and bring back Batman?

• Baroni has been watching the Batman films since he was a kid and continues to be an enthusiast. Batman fan by night, he works as general counsel for Palace Entertainment by day. He is also a member of the Orange County Bar Association.

• Daily is co-author of the book The Law of Superheroes and the blog Law and Multiverse. Both publications discuss the hypothetical legal ramifications behind comic book characters and their powers. When James isn’t meticulously analyzing the law of comic books and characters, he works in intellectual property and patent law.

Tune in for, what Baroni describes as, the perfect “legal cocktail chatter” on the legalities behind Batman’s death, what he left behind, and the chances of a resurrection of one of America’s most beloved comic-book characters.

Special thanks to our sponsor, Clio.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2013/07/is-batman-legally-dead/

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T.G.I.F

Miley Cyrus Adore You raciest yet?Anderson Cooper Overshares Mom’s Sex Life [The Frisky] Selena Gomez Slams Fans On Instagram [HollyWire] Miley Cyrus Talks To The New York Times [Right Celebrity] Justin Bieber Buys New Puppy In Canada [The Celebrity Cafe] Paris Hilton Top Paying DJ? [The Blemish] Anne Hathaway Leaves Dog Poop For Paparazzo [The Huffington Post] Megan Fox Is A Big Tipper [Girls Talkin Smack] Taylor ...

Copyright - Stupid Celebrities Gossip 2013. If you see this content on any other website, it has been stolen. Please report.

Source: http://stupidcelebrities.net/2013/12/t-g-i-f-9/

Haylie Duff Heidi Klum Heidi Montag Hilarie Burton Hilary Duff

When The Supreme Court Decided Tomatoes Were Vegetables

The justices distinguished between science and "common parlance." But wait: Why was the question before the court in the first place?

» E-Mail This     » Add to Del.icio.us

Source: http://www.npr.org/blogs/money/2013/12/26/256586055/when-the-supreme-court-decided-tomatoes-were-vegetables?ft=1&f=1070

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Saturday, December 28, 2013

Too Funny! Sofia Vergara Forgets the Words to "Jingle Bells"

There's no doubting Sofia Vergara's holiday spirit -- but she may want to brush up on her Christmas carols! In this video from Modern Family's holiday party, Vergara passes out gifts while loudly singing "Jingle Bells." Or at least, it starts out as "Jingle Bells." Watch below!

Source: http://www.ivillage.com/video-sofia-vergara-forgets-words-jingle-bells/1-a-555938?dst=iv%3AiVillage%3Avideo-sofia-vergara-forgets-words-jingle-bells-555938

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You Can Be (Almost) As Cool As Han Solo, If You Have At Least $200,000

A

Source: http://moviesblog.mtv.com/2013/12/02/you-can-be-almost-as-cool-as-han-solo-if-you-have-at-least-200000/

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How Bad Ideas Grow Legs

Last January, Instapundit lawprof Glenn Reynolds wrote a short essay that became the darling of many folks who take an interest in criminal justice issues entitled Ham Sandwich Nation: Due Process When Everything is a Crime. To be kind, it was a simplistic rehash of long-time, discredited silver-bullet solutions to complex problems. The only virtue was that it came from Reynolds, who was a law professor and thus credible by definition even though he was dabbling at the edges of an area of law about which he knew nothing.

It was excoriated here. Gideon beat it up at A Public Defender as well. Unlike Reynolds, this wasn't a theoretical exercise for us. We lived with the problems, and would wind up living with whatever inane solution seemed like a cool idea to an academic.  Whereas Reynolds' mantle of scholarly credibility was an asset for others whose interest came from a distance, ours was nuts and bolts, from living with the detritus of bad ideas in the trenches.

Radley Balko took us to task for being critical of Reynolds. The Agitator offered a homily of cooperation, arguing that we ought to work with luminaries like Reynolds rather than saying mean things like their ideas aren't fabulous. After explaining what was horribly wrong with a particular idea promoted by Reynolds that Radley found especially interesting (loser pays in criminal litigation), I wrote:

Radley also questioned by twit why I wasn't more open to embracing the ideas proffered by Glenn Reynolds and Conor Friedersdorf, "And it's probably more productive to engage, persuade new allies than to shun and mock them."  Since I hate to be a shunner or mocker, and I try to be relatively informative as reflected in this response to Radley's query, I look forward to Reynolds and Friedersdorf, our new allies, engaging. Engage away, guys. Your turn.

Of course, I was shunning and mocking, just as Radley said. But then, I had no plan to suck up to Reynolds in an effort to gain him as an ally anymore than I planned to teach a pig to sing. As players in punditry go, Reynolds is a major player,* and he enjoys his importance. He doesn't swim with minnows like Gid and me. At most, he eats us for a snack. Radley may have been well-intended, but didn't really appreciate the pecking order.

Of course, there was nothing to stop Reynolds, either before or after he published his Ham Sandwich essay, from speaking with people who were actually knowledgeable about criminal law, whether that was Gid and/or me, or some other trench lawyers, who could explain why good ideas on paper don't play as well in the courtroom.  But no. He didn't. Since it was his essay being published to enlighten the world, it was his duty to get a clue, and his choice not to.

My point to Radley at the time was the when loud voices with ascribed credibility write something like this, bad things happen. Bad ideas are taken more seriously. Other people will mistakenly assume that Reynolds, lawprof and all, has a clue what he's talking about and his ideas must have merit. After all, lawprofs could never be wrong about lawstuff.  And now that Reynolds had rung the bell, it could not be unrung.

George Will, certainly one of this country's leading conservative intellectuals, heard the peal of Reynolds' bell this week. In an otherwise excellent column on Senators Leahy and Rand's efforts to provide a backdoor to mandatory minimums (which raises the question of why they aren't seeking to end mandatory minimums through the front door, but we'll take it anyway they offer it), Will goes from the sublime to the ridiculous:

The House Judiciary Committee has created an Over-Criminalization Task Force. Its members should read “Three Felonies a Day: How the Feds Target the Innocent,” by Harvey Silverglate, a libertarian lawyer whose book argues that prosecutors could indict most of us for three felonies a day. And the task force should read the short essay “Ham Sandwich Nation: Due Process When Everything Is a Crime” by Glenn Harlan Reynolds, a professor of law at the University of Tennessee. Given the axiom that a competent prosecutor can persuade a grand jury to indict a ham sandwich, and given the reality of prosecutorial abuse — particularly, compelling plea bargains by overcharging with “kitchen sink” indictments — Reynolds believes “the decision to charge a person criminally should itself undergo some degree of due process scrutiny.”

He also suggests banning plea bargains: “An understanding that every criminal charge filed would have to be either backed up in open court or ignominiously dropped would significantly reduce the incentive to overcharge. . . . Our criminal justice system, as presently practiced, is basically a plea-bargain system with actual trials of guilt or innocence a bit of showy froth floating on top.”

While Instapundit is a Big Kahuna on the interwebz and among academics, George Will has a soap box that dwarfs Reynolds. And he's taken Reynolds' "ideas" mainstream, not only crediting Reynolds for his position as an academic, but taking for granted that he's got criminal law chops.  It's unlikely that George checked Reynolds out at Tennessee Law School, where he teaches Administrative Law, Constitutional Law, Law, Science, and Technology, Space Law, Internet Law. See criminal law in there? See anything in his past to suggest even a passing familiarity with the actual practice of criminal law? Me neither.

Yet, I look forward to some fine senators extolling the virtue of a dangerous and hare-brained reform of the law, citing to Glenn Reynolds' Ham Sandwich essays as the font of practical criminal law brilliance.  Because the myth has now been created and George Will gave it legs.

And this is how we end up with monumentally bad ideas being enshrined in law.


* For those who aren't familiar with Instapundit, this from Reynolds' Wikipedia page

Much of Instapundit's content consists of links to other sites, often with brief comments. (His frequent use of "heh," "indeed," and "read the whole thing" have been widely imitated and are often parodied by other bloggers.) Reynolds encourages readers to explore the wider blogosphere and to fully read articles and posts to which he links.
And that's the foundation for being a major player on the internet.




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Source: http://blog.simplejustice.us/2013/07/10/how-bad-ideas-grow-legs.aspx?ref=rss

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