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Law Roundtable

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Crime & Federalism


July 23, 2008, 2:11 am, 323833

The Times has an article about the link between muscles and crime.  A couple of really smart guys comment here and here.

As they note, people with more muscle are able to commit more crimes.  But that doesn't mean muscles cause cause.  Criminals will use whatever means they ...


July 22, 2008, 1:27 am, 323082

In a recent speech, the Pope Benedict urged young people to create "a new age in which hope liberates us from the shallowness, apathy and self-absorption which deaden our souls and poison our relationships."  Who can argue with that?


July 21, 2008, 6:25 pm, 322982

I recently looked into credit-card practices while researching a potential class action.  I was astounded at my ignorance.  Even my cynicism wasn't prepared for what credit card companies get away with.

Middle America is being squeezed by credit card companies in really sleazy ways.  Here is a brief summary of ...


July 21, 2008, 6:33 pm, 322981

Today the Ninth Circuit granted habeas relief based on a Batson claim.  Green v. LaMarque, No. 06-16254 (9th Cir. July 21, 2008) (opinion).  According to the panel, a prosecutor discriminated against African Americans during jury selection:

While selecting a jury for a criminal trial in Alameda County, California, the prosecutor used ...


July 20, 2008, 3:31 pm, 322409

Conservatives claim that they are pro-life because they care about children.  Yet they are also the first people to fight efforts to prevent infant mortality.  How does that make any sense? 

This essay from George Lakoff explains the contradiction.  If our brains are computers, the metaphors we live by ...


July 19, 2008, 10:53 pm, 322168

I haven't verified this, but it sure does sound like him.  Then again, I can do a pretty good written impersonation of Spence.  Always talk about fear.  Begin everything with, "I'm afraid."  Not mocking the guy; but that is his style.  And fear is a big part of what ...


July 19, 2008, 6:46 pm, 322158

July 19, 2008, 3:40 am, 322071

July 18, 2008, 6:22 pm, 322012

The Ninth Circuit recently published a very interesting post Hartman* case.  Beck v. Upland, No. 05-56901 (9th Cir., May 28, 2008) (opinion).

Hartman v. Moore, 547 U.S. 250 (2006) (holding that action for retaliatory prosecution exists only where officers lacked probable cause for arrest).


July 18, 2008, 4:14 pm, 321979

Adam Liptak, writing for the Times, is arguing against the exclusionary rule.  He notes:  "In the United States, by contrast, evidence against criminal defendants is routinely and automatically suppressed where police misconduct is found."

That's some statement, isn't it?

In a major metropolitan public defender's office, if you win a suppression ...