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24 Jun 9:28 am
"Justices Side With Immigrant Who Got Bad Legal Advice": Adam Liptak has this article in today's edition of The New York Times. In today's edition of The Washington Post, Robert Barnes has an article headlined "Supreme Court gives second chance to man facing deportation because of bad lawyering." Michael Collins of The Commercial Appeal of Memphis, Tennessee reports that "Supreme Court gives Memphis restaurant owner second chance in drug, deportation case." Lawrence Hurley of Reuters reports that "U.S. top court sides with immigrant over faulty legal advice." Mark Sherman of The… [read post]
24 Jun 8:30 am
The Download of the Week is Probing the Depths of the Responsible Corporate Officer's Duty by Kimberly Kessler Ferzan.  Here is the abstract: Many criminal law scholars have criticized the Responsible Corporate Officer Doctrine as a form of strict and vicarious liability. It is neither. It is merely a doctrine that supplies a duty in instances of omissions. Siding with Todd Aagaard in this debate, I argue that a proper reading of the cases yields that the Responsible Corporate Officer Doctrine is just duty supplying, and does not allow for strict liability when… [read post]
24 Jun 8:30 am
Elizabeth Bader, Bader Conflict Resolution Services Elizabeth Bader’s mediation practice has included the successful resolution of a wide variety of cases, including complex, multi-party, tort-related litigation. Her unique approach to... [read post]
24 Jun 8:28 am
Broker Tom Parks (Parks) has been subject to a massive number of customer complaints alleging many millions in damages.  Parks was associated with Ameriprise Financial Services, Inc. (Ameriprise) until April 2016.  According BrokerCheck the customer complaints largely involve claims of unsuitable investments in oil and gas, variable annuities, and REITs.  In particular, many of the complaints mention master limited partnership (MLPs).  In total, 23 customers have brought complaints involving Parks’ actions.  In addition, Ameriprise terminated Park stating… [read post]
24 Jun 8:15 am
My friend Richard Gershon has passed along the news of the passing of his long-time and beloved colleague George Cochran at Ole Miss.  Cribbing now a little from Professor Cochran's memorial notice,  Cochran graduated first in his class from the University of North Carolina Law School and served as Editor in Chief of the law review. He was inducted into the Order of the Coif, the premier legal honor society. He clerked for US Supreme Court justices Stanley Reed and Earl Warren, including service on the President's Commission on the Assassination of President Kennedy.… [read post]
24 Jun 8:10 am
Jacqueline Hodgson (University of Warwick - School of Law) has posted From the Domestic to the European: An Empirical Approach to Comparative Custodial Legal Advice (In: Ross, Jacqueline E. and Thaman, Stephen C., (eds.) Handbook on Comparative Criminal Procedure. Research... [read post]
24 Jun 8:09 am
Yesterday, Illinois governor Bruce Rauner, signed a bill into law which increases the minimum sentence for defendants convicted of a second or subsequent violation of Aggravated Unlawful Use of a Weapon by a Felon. Under current law, a defendants convicted of a second or subsequent violation of the Aggravated Unlawful Use of a Weapon by a Felon statute would be convicted of a Class 2 felony which carries a mandatory prison sentence of between 3 to 14 years. The new law, which was signed yesterday, increases the mandatory prison sentence to 7 to 14 years. This new law enjoyed broad… [read post]
24 Jun 8:01 am
... it's lazy summer Saturday.(But if you must shop, please shop through The Althouse Amazon Portal.) [read post]
24 Jun 8:00 am
Funerals are generally somber, mournful events. The loss of a loved one is always a difficult, heart-wrenching experience and the funeral service mirrors this loss. Occasionally though, the life of the deceased may have been so unique or peculiar that... [read post]
24 Jun 8:00 am
IN THE MAIL: The Art of Shaving: Shaving Made Easy – What the man who shaves ought to know. Plus, today’s Gold Box Deals and Lightning Deals. [read post]
24 Jun 7:59 am
The Rt. Rev. J. Jon Bruno, Bishop of the Episcopal Diocese of Los Angeles, has landed himself in a difficult spot. As detailed in this earlier post, he entered into a contract in 2015 to sell the property of St. James the Great in Newport Beach to a developer for a price of $15 million, without bothering to inform its parishioners beforehand. When the congregation and its vicar protested, he changed the locks and kicked them out.This being Bishop Bruno, litigation soon ensued -- between the parish and its Bishop, and between the original donor of the church's property(who sought to… [read post]
24 Jun 7:55 am
ROGER SIMON: Trump Derangement Syndrome Has Become the New Plague. Read the whole thing. [read post]
24 Jun 7:47 am
OH: Russian hackers are selling British officials’ passwords. [read post]
24 Jun 7:41 am
From "Both Sides of a Breakup," The Cut speaks to both parties to a breakup and then presents the different points of view as a dialogue. These are real people (presumably!), a 38-year-old woman and a 37-year-old man. He's a free-lance photographer — "super-talented," as she puts it. She has a "skin-care business," but found money "always tight." At first she thought maybe he lives like he does because there's "family money," but there wasn't:Jackson: I didn’t make the kind of money she wanted me to, which bothered her way more than me. I feel like I’m lucky that… [read post]
24 Jun 7:40 am
Bifurcated AvocadoState v. Bangoura, 2017 VT 53By Elizabeth KruskaThis opinion is really short. In fact, it will probably take me longer to write about it than it does to read the actual opinion. So, go read the opinion, too.Mr. Bangoura appealed his conviction for a second-offense DUI. SCOV affirms.The issue here has to do with bifurcation of the trial. There are some crimes that someone can commit multiple times and the maximum possible punishment doesn’t change. For example, someone can commit petit larceny over and over by stealing multiple times, and the maximum possible… [read post]
24 Jun 7:30 am
Keep on keepin' onNorth Country Sportsman’s Club v. Williston, 2017 VT 46By Elizabeth KruskaLong story short: the North Country Sportsman’s Club is allowed to keep doing what it’s been doing.Here’s the longer version. The North Country Sportsman’s Club, which I’ll just call the Club, has been around for some fifty-odd years. There isn’t a super-clear description of the Club in the opinion, but I take it from the description that it’s a shooting range available for skeet shooting. People probably also do shooting practice there with… [read post]
24 Jun 7:29 am
New York Times Deal Book, Outside Collectors for I.R.S. Are Accused of Illegal Practices: Raid your 401(k). Ask your boss for a loan, load up on your credit cards, or put up your house as collateral by taking out a second mortgage. Those are some of the financially risky strategies... [read post]
24 Jun 7:14 am
RUSSIA, RUSSIA, RUSSIA! Video: Kellyanne Conway Goofs on Indian-Slurring Alisyn Camarotta of CNN. [read post]
24 Jun 7:07 am
Michelle Mello and colleagues examined reports in a federal health database to determine whether there were observable relationships between the intensity of litigation environments on a state level and measures of hospital outcomes. “No consistent association between malpractice environment and hospital process-of-care measures was found. … Overall, little evidence was found that greater malpractice risk improves adherence to recommended clinical standards of care, but some evidence was found that malpractice risk may encourage defensive medicine.” [Tim Allen, M.D.… [read post]