Lawdable Quotes: Abraham Lincoln

Let every man remember that to violate the law is to trample on the blood of his father, and to tear that charter of his own and his children's liberty.

      ~Abraham Lincoln

Lawdable Quotes: Sophocles

Nobody has a more sacred obligation to obey the law than those who make the law.

      

~ Sophocles

Lawable Quotes: Clarence Darrow

There is no such thing as justice - in or out of court.

 ~ Clarence Darrow (1936)

Question Presented: May an officer pat down a passenger in a routine traffic stop?

On December 9, 2008, the Supreme Court will hear arguments in Arizona v. Johnson - the case about whether an articulable suspicion is enough to allow a police officer to pat down a passanger.  The Petitioner will argue that, under Terry, pat downs are reasonable whenever an officer lawfully seizes a person and has a resonable belief that the person is dangerous, the officer may pat that person down .  The defense will respond that Terry requires both reasonable suspicion of criminal activity and resonable suspicion of a threat to safety for a valid protective search.

Detroit County Brings Ex-Acorn Worker to Justice

Jemar Barksdale will serve between six and twenty-three months of home confinement following his guilty plea - he was one of the ACORN workers who falsified voter registration cards in Pennsylvania.  He will also need to pay ACORN $574 in restitution because he forged the registration cards.  

ACORN is the neighborhood-based organization that advocates for underfunded communities and new votor registration.  Its voter registration program has been investigated for fraud, especially following the 2008 Presidential Election.  ACORN appears to be cooporating with the investigation. 

Source: WHPTV.com

Scentific American Podcast: Broken Windows Crime Theory

Scientific American has an interesting podcast discussion on the effectiveness of the broken windows crime theory. Check out the full transcript below or listen to the podcast here.

Full Text:

 It’s called the "broken windows" theory and it says that in a neighborhood where buildings have broken windows, people are more likely to engage in bad behavior. Maybe because they figure no one will care. Or there’s little chance they’ll get caught. The idea has been embraced by people in law enforcement—crack down on petty crime and you’ll also put a halt to more serious offenses. New York City, for example, used the logic to justify a “zero tolerance” approach to things like the squeegeeing of car windows. But the theory has been hard to prove. Crime did go down in New York, but was it directly related to the squeegee decline? 

Now Dutch scientists say that there may be something to the whole “broken windows” thing, after all. For example, they found that cyclists who parked their bikes near a wall covered in graffiti were twice as likely to litter than people who parked near the same wall after it was painted clean. The results were published online by the journalScience on November 20th. I guess we should be thankful that the cyclists’ bad behavior stopped at littering. And they didn’t decide to, say, swipe a better set of wheels for the ride home.

If you are interested in the full text of the study it is available here. (Subscription To Science Journal Required)  

The Economist also has a nice write of the study available here.

Source: Scientific American 

Notable Morning Stories ...

More Americans serving as their own lawyers.
~ The Associated Press

Bigger Isn't Always Better... But in This Case, We Believe It Is.
~ Youtube

European online library crashes.
~ BBC News

Web suicide watchers tough to prosecute.
~ CNET

Market Trends: Lawyers Looking for Work Overseas

Even as they close offices in the United States, large firms continue to open new offices in far away lands.  For example, last February, Latham & Watkins opened offices in Dubai, Abu Dhabi, and Doha.  Dewey closed US offices in Connecticut, Florida, North Carolina, and Texas - but opened offices in Doha and Abu Dhabi.

As real estate, securities, and capital market work in the United States dwindles, experienced attorney are beginning to look for opportunities abroad.  But lawyers are not just being pushed by the downturn in the US, they are also being pulled by increased marketing of Middle Eastern cities and the promise of adventure.  David Ech, a Kirkland & Ellis partner in Hong Kong, says that the US economy is providing firms with an opportunity to bring the best talent into the international market.

Even law students are taking advantage of international opportunity - especially as firms shrink their incoming summer classes.  One Chicago student flew to Dubai at his own expense and set up meetings with Dubai firms.  Further, law schools are providing increasing information about how students can distinguish themselves with international experience.

According to the NY Times, Dubai is nearing its "critical mass" of attorneys, and firms are beginning to look at other Middle Eastern cities to get ahead.  Firms are beginning to place attorneys in Doha, Qatar as well as Riyadh, the Saudi capitol.  

Source: NY Times

Jury Will Hear Closing Arguments in MySpace Case

The jury will return at 4pm CST today to hear closing arguments in the case of Lori Drew, the woman charged harassing a teen girl over MySpace.  The teen, Megan Meier, committed suicide.    

Judge Wu may still rule that the prosecution's charges in this federal case are insufficent.  Of course, under the Federal Rules of Criminal Procedure, Wu may wait until after the jury finds the defendant guilty to grant the motion to dismiss.  

The motion to dismiss alleges that in order to be charged under the federal statute, the prosecution must show that the defendant violated the MySpace terms of service.  However, here, it appears that the terms may have been violated by the defendant's employee.

Source: St. Louis Post-Dispatch

  

Notable Morning Stories ...

US to Back $306 Billion in Citigroup Assets, Regulators Say.
~ Bloomberg

Thai marchers move on parliament.
~ BBC News

Google gunning for IE with Chrome OEM deals.
~ Cnet

UK to overhaul prostitution laws.
~ ABC News

Lawdable Quotes: Gore Vidal

For certain people, after fifty, litigation takes the place of sex.

    

 ~ Gore Vidal

Lawdable Quotes: Jeremy Bentham

Lawyers are the only persons in whom ignorance of the law is not punished.

      

~ Jeremy Bentham

What's Going on at The Supreme Court of the United States?

For those who love to follow the goings on at the Supreme Court, we love these links for information and analysis. Please feel free to share your favorite sources in the comment section.

ScotusWiki: Schedule of Arguments for 2008 Arguments

SCOTUS Blog: Up to the hour news on what's going on in the Court.

SCOTUScast: Presented by the Federalist Society, this lecture series provides insight into some of the High Court's most interesting decisions.

NPR Legal Affairs News Feed: Nina Totenberg, NPR's legal affairs correspondent, breaks down the week at the Supreme Court.

Supreme Court Monitor: Law.com's Supreme Court News

Guidelines for Visiting the Supreme Court: Come to DC and witness history

Notable Morning Stories ...

U.S. contractors to lose immunity from Iraqi law.
~ The International Herald Tribune

Some See Big Problem in Wisconsin Drinking.
~ The New York Times

Juror Defies Russian Court's Attempts to Close Trial
~ The Washington Post

iPhone 2.2 firmware update available now, Google Street View and plenty more
~ Engadget

"Read the Handbook or Read Your Summons"

The Florida Bar News recently reported that hearing impaired and deaf Florida citizens are having a difficult time securing legal representation. One study found that attorneys more often threatened to withdraw and acted with hostility toward deaf clients. In response, Sharon Caserta, an attorney for the Deaf/Hard of Hearing Legal Advocacy Program at Jacksonville Area Legal Aid has created a handbook for attorneys.

Caserta says it's time for attorneys to comply with the ADA.

Read her handbook here.

Read about the Legal System Accessibility Task Force here.

Source: Florida Bar Journal

Notable Morning Stories ...

Britain's bribery laws to be overhauled.
~ The Associated Press

State law allows hearsay evidence from murder victims.
~ Chicago Tribune

eHarmony Settles With NJ AG; Will Offer Matching Service for Gays.
~ WSJ Law Blog

Family law in line for revamp by Rudd Government.
~ The Australian

Lawdable Quotes: Cicero

Brevity is a great praise of eloquence.

~ Cicero

Planet Money Podcast: Why Government Purchase of Troubled Assets Might Work

We like NPR's Planet Money because it breaks complicated economic issues into podcasts we can understand. Check out this edition by David Kestenbaum called "Study Suggests Buying Toxic Assets Could Work."

Listen Here.

Naked Bicycling Ruled Protected Speech in Portland

A Portland man was cleared of indecent exposure charges last Wednesday.   Michael "Bobby" Hammond, 21, was participating in Portland's World Naked Bike Ride (1200 people took part this June 14), a clothing optional event where riders look to make the point that only the human body is necessary to power a bicycle.

He was charged with resisting arrest, fourth-degree assault, and indecent exposure.  At trial, he testified that he was supporting the use of bicycles and protesting cars, foreign oil, and air pollution.  The District Attorney argued that, beyond Hammond's nakedness, there was no indication that he was protesting anything at all.  He also expressed concern that, in the future, anyone "streaking" could merely claim he was protesting and that allowing naked biking here effectively invalidated state law.

Multnomah County Judge Jerome LaBarre ruled that naked cycling is tradition in Portland and that it is an accepted form of symbolic protest.  There is precedent here.  In 1985, the Oregon Court of Appeals ruled that appearing nude in public can be a protected form of speech...as long as speech is evaluated on a case by case basis.  The judge in Hammond's case stated that the shock value of nudity can be a very important means of protest.  To strengthen his point, he cited to the story of Lady Godiva, a noblewoman who rode naked through the streets of Coventry, England to protest the unfair taxation practices of her husband, the Earl of Mercia.  

Read the 1985 Oregon Opinion on Fastcase: here.

Source: Paul L. Boley Law Library, Lewis & Clark Law School

Evidence in the MySpace Trial : Suicide Comes In

U.S. District Court Judge George Wu will allow the jury to hear that Megan Meier committed suicide.  Blog watchers will recall that the defendant in this case is Lori Drew - a woman charged with violating the MySpace terms of service with the intent to do harm.  Drew posed as a teenaged boy interested in being online friends with Meier and Meier took her own life when the "friendship" ended.  On May 15, 2008, a federal grand jury indicted Drew under a statute which makes the unauthorized use of computers to inflict emotional distress illegal.  

Defense Attorney Dean Steward argued that allowing evidence of the suicide will make this case about Meier's death and that jurors would happily convict Drew of the lesser computer abuse charge.  However, Judge Wu agreed with the prosecution's response that intentional infliction of emotional distress is an element of this crime and that the suicide is powerful evidence of Meier's emotional state while she was receiving MySpace messages from Drew.

More news on this case is likely to come in the next few days. 

Source: WSJ Law Blog

Lawdable Quotes: Washington Irving

Young lawyers attend the courts not because they have business there but because they have no business anywhere else.

      

~ Washington Irving

Lawdable Quotes: Louis Nizer

In cross-examination, as in fishing, nothing is more ungainly than a fisherman pulled into the water by his catch.

      

~ Louis Nizer

Lawdable Quotes: Heraclitus of Ephesus

Abundance of knowledge does not teach men to be wise.

~ Heraclitus of Ephesus

Lawdable Quotes: Sophocles

There is a point at which even justice does injury.

~ Sophocles

Notable Morning Stories ...

Role of Ex-NFL Lobbyist in Push to Curb Online Gambling Faulted
~ The Washington Post

Say hello to Gmail voice and video chat
~ Official Gmail Blog

Taiwan ex-president arrested in graft probe
~ Reuters

Russia's corruption rate in law enforcement up 35%
~ RIA Novosti

Child Support in Brazil: Guilty Until Proven Innocent

Under a new law in Brazil, the supposed father of an unborn child must pay child support during pregnancy.   He must also help fund special diets and medical expenses incurred due to the pregnancy.  Until now, a man was not forced to pay child support until after the child was born and DNA proved paternity.

In the United States, states are required to have a process for establishing paternity by a child's eighteenth birthday.  Find more information about laws in the US at the Office of Child Support Enforcement.  To generate a 50 state survey on a child support topic, visit the National Conference of State Legislatures Child Support Guildelines Database. 

Sources: Library of Congress News and Events, US Department of Health and Human Services Office of Child Support Enforcement, and National Conference of State Legislatures

Try Fastcase for Free!

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Take advantage of Fastcase features during your trial:

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Ancient Documents: The Athenian Constitution

Source: The Athenian Constitution via the Avalon Project

Ancient Codes: The Twelve Tables

(Image sourced from Wikimedia Commons ... learn more about creative commons licensing here )

Source: The Twelve Tables via The Avalon Project 

Free Book of the Month: The Spirit of Laws

Download: The Spirit of Laws by Montesquieu (via Google Books ) or read it online here.

Notable Morning Stories ...

China's Huge Stimulus Package -  Financial Time's Alphaville

Judge Orders Apple Executives To Stop Work - Reuters

Citing Workload, Public Lawyers Reject New Cases - New York Times 

Harvard Law Professor, Sues RIAA - The Harvard Crimson

Gorbachev calls on Obama to carry out 'perestroika' in the U.S. - RIA Novosti

Highlights From Medvedev's State of the Nation Address

The Russian president said in his address:

- proposed extending the presidential and parliamentary terms of office from the current four years to six and five years respectively

- Russia will deploy short-range Iskander missiles in its exclave of Kaliningrad next to Poland in response to U.S. missile plans for Europe

- Russia will push for reforms to global political and economic systems

- Russia will not give up its role in the Caucasus

- Political and economic changes in Russia will not violate political freedoms and private property

- proposed guaranteeing parliamentary seats for parties that win between 5% and 7% of the vote

Read the rest of the highlights here .

Source: RIA Novosti

Notable Morning Stories...

Stevens Juror Admits She Lied About Her Fathers Death, Actually Went to CA For a Horse Race - WSJ Blog

Sarah Palin Cleared of Any Wrongdoing in "Troopergate" - The Guardian

VA, PA, CO and 2008 - NPR

This Election For Statisticians - www.fivethirtyeight.com

Starbucks, Ben & Jerry's, Krispy Kreme Will Not Limit Freebies to Voters - One News Now

Notable Morning Stories...

Terrorism Financing Meets Judicial Review - The Conglomerate

Starbucks, Krispy Kreme, Ben & Jerrys May Be Breaking Federal Law Offering Freebies For Voters on Election Day - Election Law Blog

Circuit City Closing 252 Stores - The Consumerist 

Bogus Robocalls Tell Voters They Can Vote By Phone - Wired Blog

Supreme Court Denies CSPAN Access to Oral Arguments in FCC v. FOX

The "fleeting expletives" case is due for argument in the Supreme Court next Tuesday, and the tapes will not be released to C-SPAN until next year.  Usually, the Court grants C-SPAN's request to make audio tapes public immediately after a hearing, but this time, without explanation, the Court refuses to do so.

The case arises from separate incidents in which Cher, Nicole Richie, and Bono used "the f-word."  The Second Circuit found that the FCC "failed to articulate a reasoned basis for its change in policy" when it warned FOX that it would face sanctions for "expletives" used on air (unexpectedly) by Cher and Nicole Richie.  The opinion, by Pooler, also stated that it doubted the FCC would be able to justify the opinion under the First Amendment. The FCC's argument that it was important to regulate "indecency" was found to be too vague.

Earlier this week, the Blog of Legal times reported the irony in that C-SPAN would be breaking the very FCC Regulations being litigated if it aired Supreme Court Oral Arguments in this case.  The case is about whether the FCC may fine broadcasters when celebrities and others unexpectedly use inappropriate language on the air.

Carter Phillips, an attorney from Sidley Austin, will argue for FOX and the other broadcast.  He reports that he intends to use the "words" when referring to examples of "fleeting expletives" rather than euphemisms like "the f-word."  He used the "words" when he argued before the Second Circuit.  C-SPAN does not plan to bleep out the language.  The FCC said it would not fine C-SPAN for broadcasting the tapes.

Source: ABA Journal

Lawdable Quotes:Marcus Tallius Cicero

The safety of the people shall be the highest law.

~ Marcus Tallius Cicero