Recently in General Category
The title of this post is the title of this intriguing little paper authored by Emily Fetsch for the Ewing Marion Kauffman Foundation and now available via SSRN. Here is the abstract:There is a paragraph and a half following that squib in the SL&P entry, but I stopped right there, because there is a limit on how many brain cells I'm willing to kill by reading pure tripe.One in three Americans has a criminal record. Given the significant size of this population, the ability for these individuals to attain economic success after they leave prison has tremendous implications for our economy and economic mobility...
I live in the County where she was found that morning. A friend of mine was the CHP Officer first on the scene. When I got the news that she had been found alive, my first reaction was of shock and disbelief. Too often these types of missing persons cases end with a dead body. The cynic in me assumed that Sherri Papini would be found at some point in a similar manner. Thankfully for her children and family, her story did not end in a typical fashion.
Unfortunately, immediately upon her discovery, the media and public jumped to the conclusion that the whole thing was a hoax. Really? A hoax by whom? The severely beaten, branded and chained up woman who'd been thrown from a moving car onto the side of a pitch dark road in the middle of the night in the freezing cold? Why are people so quick to assume that she's lying, or her husband is lying? Perhaps I'm too trusting or gullible to believe otherwise. Or perhaps despicable people like Scott Peterson or Drew Peterson make it hard to believe the story being told.
The details will come out eventually and I hope whoever is responsible is caught. Any punishment the perpetrators receive, however, will in no way compare to the cruel and unusual torture that Sherri Papini endured and will continue to endure emotionally for the remainder of her life.
Election Day has come and gone, and after one of the most divisive campaigns in memory, "healing" seems to be the word of the hour. What better time to begin than Thanksgiving, which Benjamin Franklin called a day of "public Felicity" to give thanks for our "full enjoyment of Liberty, civil and religious." Thanksgiving, our nation's oldest tradition, is a moment to focus on our blessings as Americans, on what unites us, not on what divides us.
Such was the case in 1863, when Abraham Lincoln called for a national Thanksgiving celebration. He did so at the urging of a farsighted magazine editor who believed that a Thanksgiving celebration would have a "deep moral influence" on the American character, helping to bring together the country, which was divided over the issue of slavery. Lincoln's 1863 proclamation was the first in the unbroken string of annual Thanksgiving proclamations by every subsequent president. It is regarded as the beginning of our modern Thanksgiving holiday.
Live streams of some of the panels and links to video of concluded panels are available at the FedSoc Blog. The criminal law panel is at 3:30 EST today. Not sure if it will be live streamed. Justice Thomas is the dinner speaker at 7:00 EST. Update: They are live streaming the Separation of Powers panel instead.
Of course, there is much more to the convention than the presentations, interesting as they are. Conversations in the hallways and at the events with people I only see "face-to-face" once a year are just as valuable. I am sure that the question of who will be the next Attorney General is a hot topic, and the question of who will be nominated as the successor to Justice Scalia is even hotter.
Yesterday, after an 8-week trial, Dorsey, who had a prior violent "strike" offense, was convicted by a jury of killing Cameron. Yolo County Deputy District Attorney Michelle Serafin said, "At great sacrifice, the jurors dedicated eight weeks to finding justice for Cameron. Overwhelming evidence was presented to the jury thanks to the thorough investigation of the medical professionals at UC Davis Medical Center and the Davis Police Department. The hard work and dedication of the jurors, the doctors and the police officers is deeply appreciated by Cameron's family."
Dorsey's sentencing hearing is scheduled for December 2nd where he faces the possibility of 50 years to life in state prison. A press release from the Yolo County District Attorney's Office can be found here.
It's a standard line in almost any Hollywood legal drama: A prosecutor tells a herd of reporters he won't answer a question because "I don't want to try this case in the court of public opinion."
In real life, that premise might be changing.
Go to YouTube this week and punch in the words "Orange County District Attorney and Kenneth Clair" and you'll find a legal drama playing out almost exclusively in the court of public opinion.
On one side is the first in a series of short videos from the District Attorney's Office explaining why it thinks there should be no new trial, or any leniency for Clair, who in 1987 was convicted of the murder three years earlier of Linda Faye Rodgers, a Santa Ana nanny.
Note the important distinction that this is a long-ago trial in which the judgment is being collaterally attacked. This is not a case presently going before a jury, and it never will go to a jury again if the DA and AG can help it.Advocates for death row inmates regularly whip up public opinion on the net with misleading characterizations of the case. When Georgia sought to execute cop-killer Troy Davis, there was a national furor. The U.S. Supreme Court took the extremely rare step of entertaining a habeas corpus petition filed directly in that court and transferring it to a district court for hearing and findings. The district court judge, after hearing the witnesses in person, held that Davis's case was "largely smoke and mirrors" and "not credible or lacking in probative value." The bottom line was, "Mr. Davis is not innocent." Would the case have gotten that far if the PR campaign for Davis had been met with a PR response? Would that be a better result?
A mother in Fayette County is facing charges for allegedly starving her 11-month-old son.
The child's father brought the boy to CYS and told them that his estranged wife was "obsessed" with following a strict diet, and only fed the child fruit and nuts.
Elizabeth Hawk, 33, is charged with endangering the welfare of a child after investigators say she allegedly failed to give her 11-month-old son sufficient food.
Since policing is a problem, the police should be removed from communities altogether, according to Black Lives Matter founder Alicia Garza.
Garza argued that the United States gives too much respect to police officers, explaining that when police do wrong, a few bad cops are blamed, rather than a "corroded and corrupt system."
"Quite frankly, many of our [Black Lives Matter] members are continuing to investigate what it would mean to have police-free communities. I think what we've continued to see over time is that no moral appeal is actually stopping the deaths of black people, whether they be armed or unarmed." Garza told Complex.
I believe BLM is the most audaciously lying social movement I have seen in my forty-some years as a lawyer and law professor. The murder rate got cut by more than half in the two decades (1992-2012) in which the number of police in this country rose substantially. Since blacks are disproportionately murder victims, they were disproportionately beneficiaries of the decreased murder rate.