Once upon a time, reinvention was an integral part of the myth of the American Dream. As the story went, one could leave the old country or old neighborhood, without looking back -- fashioning one's own second chance by stepping into a newer, better identity, crafting a redesigned life story out of whole cloth if necessary. As one legal historian noted, "American culture and law put enormous emphasis on second chances." For most of the 20th Century, this notion of the second chance was also alive and well in the American criminal justice system, as rehabilitation was considered its primary goal. My earlier article, "A Good Name: Applying Regulatory Takings Analysis to Reputational Damage Caused by Criminal History," couched the need for rebiography upon reentry in terms of the ongoing reputational damage suffered by the previously convicted. Then, regulatory takings analysis was applied to that reputational damage. In doing so, it analyzed the critical property-like characteristics of reputation, concluding that reputation is a form of "status property" and that such continued stigma attachment and reputational damage constitutes a "taking" without just compensation. Finally, it was argued that rebiography can serve as "just compensation" for this type of taking.
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The Internal Revenue Service said identity thieves used its online services to obtain prior-year tax return information for about 100,000 U.S. households, a major setback for the agency that is charged with safeguarding taxpayers' privacy.
The IRS said criminals used stolen Social Security numbers and other specific data acquired from elsewhere to gain unauthorized access to the tax agency accounts. About 100,000 more attempts were unsuccessful, the agency said.
Big for his age at 14, Jack Lucas begged his mother to help him enlist after Pearl Harbor. She collaborated in lying about his age in return for his promise to someday finish school. After training at Parris Island, he was sent to Honolulu. When his unit boarded a troop ship for Iwo Jima, Mr. Lucas was ordered to remain behind for guard duty. He stowed away to be with his friends and, discovered two days out at sea, convinced his commanding officer to put him in a combat unit rather than the brig. He had just turned 17 when he hit the beach, and a day later he was fighting in a Japanese trench when he saw two grenades land near his comrades.
He threw himself onto the grenades and absorbed the explosion. Later a medic, assuming he was dead, was about to take his dog tag when he saw Mr. Lucas's finger twitch. After months of treatment and recovery, he returned to school as he'd promised his mother, a ninth-grader wearing a Medal of Honor around his neck.
Just as important is passing on our traditions and values to succeeding generations. In this photo, Scouts place flags on graves at the Cypress Hills National Cemetery in Brooklyn, New York. Click on the photo for a larger view.
It has been getting easier by the day for politicians to talk about fixing the nation's broken criminal justice system. But when states in the Deep South, which have long had some of the country's harshest penal systems, make significant sentencing and prison reforms, you know something has changed.
"We don't have thugs in Baltimore," Rawlings-Blake said. "Sometimes my own little anger translator gets the best of me..."
Her original use of the term "thugs" came on Monday night as she talked about the people engaging in violence amid protests over the death of Freddie Gray, a black man who died after suffering injuries while in police custody:
So are there thugs or not?
What we see tonight that is going on in our city is very disturbing. It is very clear there is a difference between what we saw over the past week with the peaceful protests, those who wish to seek justice, those who wish to be heard...and -- the thugs, who only want to incite violence and destroy our city.
I'm a life-long resident of Baltimore and too many people have spent generations building up this city for it to be destroyed by thugs...
For Obama, there is a certain sense of déjà vu as Baltimore struggles with the aftermath of another death of a black man, apparently at the hands of police and seemingly without any crime having been committed.
Many critics believe Obama did not show enough passion or persuasion to connect with or restrain angry African Americans after the killing of Michael Brown by a police officer in Ferguson, Mo. Instead, Obama sounded calls for restraint, lawful demonstrations, commissions of inquiry and slow, steady progress toward reform.
During a grand jury proceeding, defendant gave a rambling, non-responsive answer to a simple question. Because there is insufficient evidence that Statement C was material, defendant's conviction for obstruction of justice in violation of 18 U.S.C. § 1503 is not supported by the record. Whatever section 1503's scope may be in other circumstances, defendant's conviction here must be reversed.
A reversal for insufficient evidence implicates defendant's right under the Double Jeopardy Clause. See United States v. Preston, 751 F.3d 1008, 1028 (9th Cir. 2014) (en banc) (citing Burks v. United States, 437 U.S. 1, 11 (1978)). His conviction and sentence must therefore be vacated, and he may not be tried again on that count.That's the whole thing. The eleven judges on the pseudo-en-banc panel are so fractured that the court issued this brief disposition "per curiam" (by the court as an institution with no identified individual author) and then various judges weighed in with lengthy concurring and dissenting opinions.
Judge Rawlinson dissented, citing Ernest Lawrence Thayer. "There is no joy in this dissenting judge. The per curiam and concurring opinions have struck out." What's up with that? The defendant is Barry Bonds.