Categories
Constitutional Law

Oklahoma turns woman’s miscarriage into a miscarriage of justice

Two weeks ago Brittney Poolaw, a 20-year-old Native American woman from Comanche County in Oklahoma, was convicted of manslaughter in the first degree for experiencing a miscarriage at 17 weeks. Her trial lasted one day after which she was sentenced to 4 years in state prison. In January of last year, Ms. Poolaw experienced a miscarriage and […]

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Constitutional Law Criminal Law

Fed Ct: Officer Immune for Arresting Florida Man with “I Eat Ass” Bumper Sticker on His Truck

In a funny-not-funny example of the wide berth given to police officers under the qualified immunity doctrine, a Federal Court in Florida dismissed a wrongful arrest suit brought by Dillon Webb after he was arrested for displaying an “I Eat Ass” bumper sticker on his truck. Dillon Shane Webb, 23, was stopped on a highway […]

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General

Dystopian Texas Abortion Law Written to Make it Hard to Challenge Legally

Under cover of darkness Texas passed the most draconian abortion law since the passage of Roe v. Wade nearly 50 years ago. SCOTUS just refused to act, so the law is in place. The law bans abortions after a fetal heartbeat can be heard – six weeks after conception. There are no exceptions for incest […]

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Constitutional Law Criminal Law

Can a Judge Require a Defendant to Get Vaccinated? Some are.

The NY Times reported yesterday that a State judge and a Federal Judge made getting a vaccine a requirement to a deal with criminally accused person appearing before them. In the Bronx, State Supreme Court Judge Jeffrey Zimmerman was taking the guilty plea of a man accused of drug crimes, trespass, criminal contempt, and shoplifting. […]

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General

Top 5 Tips for Incoming Law Students

OK, I see a lot of people on #lawtwitter and elsewhere posting tips for incoming 1L law students and for reasons I can’t explain even to myself I’ve decided to chime in. As an adjunct professor at two law schools for the past 12 years, including having taught the 1L Writing Class for 8 of […]

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Constitutional Law Criminal Law

Nassau Bill to Add 1st Responders as “Protected Class” is a Bad, Bad Idea

Tomorrow at the Nassau County Legislature, legislators will be debating an expansion of the County Human Rights Law. Now it took decades to get them to add Sexual Orientation to the list of protected classes so maybe they were finally getting around to adding Transgender as a protected class? Nope. Instead, four Democrats ae spearheading a […]

Categories
Constitutional Law

Cosby Reversal Not a Vindication for Him

Online commentators and graduates of Twitter law school are screaming that the Pennsylvania Supreme Court’s overturning of the sexual assault conviction of Bill Cosby is a blow to the #MeToo movement and an insult to the women who came forward to testify and accuse him. While it certainly must be seen by those women as […]

Categories
Constitutional Law

SCOTUS Gives Students Big Win in 1st Am. Case

The Supreme Court ruled in favor of a former high school cheerleader who argued that she should not be punished by her public school for posting a profanity-laced caption on Snapchat when she was off school grounds. The case involving a Pennsylvania teenager was closely watched to see how the court would balance the free speech rights […]

Categories
General Litigation

We’re Returning to Normal. But What If I’m Not Ready?

I was a guy in the courthouse halls you wanted to run into. I liked to chat people up; tell a joke or quick war story; ask for and give advice on a case, a judge, etc. As we are coming out of the pandemic with courts returning to live in-person appearances you would think […]