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21 Jan 2011, 10:10 am by Matt Osenga
” He indicates that it is also based on legislation introduced by House Judiciary Committee Chairman Lamar Smith (R-TX) and Congressman Howard Berman (D-CA) that passed the House in 2009, but never made it to the Senate floor. [read post]
21 Jan 2011, 3:03 am
The substantial evidence standard arises only when there has been a quasi-judicial hearing, and evidence taken pursuant to law, said Justice Stallman, citing Colton v Berman, 21 NY2d 322.The issue before the court in the Malitz case: which was the appropriate test to be applied in addressing Malitz’s Article 78 petition? [read post]
20 Jan 2011, 6:34 am by Amanda Rice
Doug Berman of Sentencing Law and Policy offers the “early conclusion” that the two habeas reversals “reflect a desire by the Justices to give the Ninth Circuit a lesson about habeas review rather than a significant evolution in the jurisprudence of Sixth Amendment ineffectiveness claims. [read post]
20 Jan 2011, 6:34 am by Amanda Rice
Doug Berman of Sentencing Law and Policy offers the “early conclusion” that the two habeas reversals “reflect a desire by the Justices to give the Ninth Circuit a lesson about habeas review rather than a significant evolution in the jurisprudence of Sixth Amendment ineffectiveness claims. [read post]
19 Jan 2011, 11:15 am by Ruth Levor
Berman (OSU Law) on bringing iPads and Kindles to law school classrooms and several 2007 Law School Innovation posts here and here and here). [read post]
12 Jan 2011, 6:19 am by Adam Chandler
SCOTUSblog has Doug Berman’s preview of Sykes, a case that he is “struggling to get psyched for,” according to his blog Sentencing Law and Policy. [read post]
12 Jan 2011, 12:38 am by Kevin LaCroix
Judge Batts did not conclude, as did Southern District of New York Judge Richard Berman in the Societe Generale case that under Morrison even ADR transactions on a U.S. exchange are outside the ambit of the ’34 Act (about which refer here). [read post]
11 Jan 2011, 4:10 am by Gritsforbreakfast
Former Congressman Tom DeLay was sentenced to three years in state prison for money laundering yesterday by a Republican judge, who said he agreed with the jury that convicted him.Doug Berman questioned whether three years was an unusually stiff sentence. [read post]
10 Jan 2011, 6:52 am by Gritsforbreakfast
Leo Berman has filed HB 299 to abolish the surcharge, and I see no reason why that bill shouldn't enjoy broad, bipartisan support. [read post]
3 Jan 2011, 6:58 pm
Last month, the New Jersey Association of Legal Administrators (NJALA) recognized five winners of its annual Above & Beyond Contest: Margaret Davis-Engel Legal Assistant Berman, Sauter, Record & Jardim, P.C. [read post]
1 Jan 2011, 7:44 am by Gritsforbreakfast
Let me know what you think were the biggest 2010 stories in the comments, and what you foresee as the most important developments to come in 2011.RELATED: Doug Berman at Sentencing Law & Policy considers the top ten sentencing stories from a federal perspective. [read post]
30 Dec 2010, 4:08 am by SHG
Doug Berman didn't miss the irony. [read post]
20 Dec 2010, 11:06 am by Gritsforbreakfast
Via Sentencing Law & Policy, here's a notable and welcome development regarding crime rates for the first half of 2010 compared to the same period in 2009: The FBI says they're going down significantly nationwide, as evidenced by this graphic:Doug Berman's takeaway from this news hit most of the high points:This continuation of the great crime decline is notable and exciting for lots of reasons. [read post]
19 Dec 2010, 3:00 pm by Jeff Gamso
Maybe 10 years ago I was looking over some Ohio statistical reports and learned that when criminal cases were tried in common pleas court in Lucas County (that's felony court in Toledo, for you folks from out of the area), something like 67% ended with a guilty verdict. [read post]
19 Dec 2010, 8:59 am by Gritsforbreakfast
" 'Innocence Unmodified' Doug Berman points to an academic article titled "Innocence Unmodified" which lays out in its abstract the quite legitimately debatable point that, "The Innocence Movement has unwittingly participated in the construction of a binary between actual' and 'legal' innocence. [read post]