Kentucky Places Tough Restrictions on Out-of-State Pharmacies
Holy commerce clause, Batman! Kentucky has just approved “a beefed-up application for out-of-state prescription drug suppliers that authorities say will help them track and catch companies selling pills to Kentucky’s black market,” according to the Lexington Herald-Leader. Constitutionally problematic? Perhaps not, given that the regulating health and safety is a core state interest. But it […]
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Harvard Law Review Speech Code Comment Ignites FIRE-storm
At issue, an April 2009 Harvard Law Review comment which argues that DeJohn v. Temple University, 537 F.3d 301 (3d Cir. 2008), the most recent and leading federal court of appeals precedent to strike down a campus speech code, was decided incorrectly. Members of FIRE, the Foundation for Individual Rights in Education, take the student author and Harvard […]
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Whitehouse.gov Expresses Support for Removing Ban on Federal Funding for Needle Exchange, Calls for the Crack-Powder Disparity to Be “Completely Eliminated”
Transform notes an important detail on the just-revamped White House website: a reference on the “Civil Rights” page to the fact that Obama “supports lifting the federal ban on needle exchange, which could dramatically reduce rates of infection among drug users.” Also notable: the page expresses support for drug courts, calls for an end to […]
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Technology for Lawyers
As the chair of the local bar’s computer and technology committee, I often get questions about computers, software and other things. Here are a few of my recommendations for the trial lawyer. Computer – I would go with a lightweight laptop over about anything. Portability is key. I use a Dell Latitude D400. Although, if you […]
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United States v. Dallman: Ninth Circuit on Drug Quantities and Sentencing
A federal trial court did not err in attributing 142 pounds of marijuana to one man for purposes of sentencing, even though the marijuana was actually carried by three men in the commission of the crime, a Ninth Circuit panel held Monday in United States v. Dallman, No. 05-30349. The defendant in Dallman was convicted of […]
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Reuters: DEA Using NSA Intelligence For Drug Investigations
I’ve stayed away from writing about privacy and the NSA, mostly because I have mixed feelings about the government collecting massive amounts of metadata for terrorism investigations. I can understand the concept of having a haystack in order to find the needle. That doesn’t mean I was comfortable with the idea. Then there were other […]
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Justice Souter on Criminal Law, Part II
Our summary retrospective of Justice Souter’s contributions to the Supreme Court’s criminal law jurisprudence continues. In addition to writing for the majority in many important criminal decisions, Justice Souter has authored concurring decisions in many cases, including criminal cases. While the Justice’s concurrences in criminal cases have typically been brief, Justice Souter has frequently raised […]
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People v. Briones on Conspiracy to Commit Drug Offenses
An individual should not have been convicted both of conspiracy to possess heroin and methamphetamine for sale and of the actual counts of possession of heroin and meth for sale, the Second District Court of Appeal held today in People v. Briones, B195452. The Attorney General in this case argued that the elements of the […]
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Steps to Getting a Law Degrees Online
There are many advantages to doing law degrees online but there can be some disadvantages too. It is important to know about both before you enroll for a distance learning law course. The most important thing to find out before you start is the exact requirements for practicing law in your jurisdiction. The rules […]
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Considering Criminal Law?
If criminal law is your passion, there is little doubt that you will be well suited for the law arenas that it enforces. For those who are looking for a major, it is wise to study this area of the law. In criminal law, The People can punish the criminal based on what he or […]
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