I’ve got two reasons for being interested in the possibility that San Diego voters will make permanent a one-year beach alcohol ban in this year’s election. The personal reason is that I’m originally from San Diego and still go down to the beach there all the time to surf. It’s been interesting to listen to […]
READ MOREOn the Broader Implications of Eschenbach, and the relevance of Lawrence v. Texas to Medical Marijuana
To expand a little on yesterday’s post about Abigail Alliance v. Eschenbach, the rationale articulated by the DC Circuit in upholding a right to access non-FDA approved could have broader implications that would be relevant for the argument on medical marijuana, but ultimately the relevance depends on the way the due process balancing analysis would […]
READ MOREAbigail Alliance Letter in Washington Post
The president of the Abigail Alliance — the group that was the petitioner in that recent DC Circuit case on access to lifesaving drugs that have not yet received full-blown FDA approval — has a letter to the editor in today’s Washington Post. The last graph says: We are confident that access to these drugs […]
READ MOREElectronic Monitoring Can Be Expensive for Defendant
Electronic monitoring involves a defendant being required to wear an ankle bracelet so his or her movements can be monitored. The use of electronic monitoring has increased dramatically in recent years. From 2000 through 2014, there was a 32 percent rise in the use of electronic monitoring. One article from International Business Times reported that […]
READ MOREScience Magazine on Abigail Alliance v. Eschenbach
Science Magazine Editor in Chief Donald Kennedy published an editorial Friday taking aim at the DC Circuit’s recent decision in Abigail Alliance v. Eschenbach. In Abigail Alliance, the court said that mentally competent, terminally ill individuals have a due process right to access medication that is safe enough for testing on human subjects. Kennedy says […]
READ MOREACLU’s Operation Meth Merchant Case Hits a Snag
Two of the witnesses who were supposed to testify about racial profiling in Georgia’s notorious Operation Meth Merchant sting campaign have decided instead to invoke their Fifth Amendment privilege to remain silent, leaving the ACLU without much evidence in its legal challenge to Meth Merchant arrests. A third witness who apparently also has knowledge of racial profiling […]
READ MOREPeople v. Cabonce on Intoxication and the Insanity Defense
It was not error for a court to instruct a jury that an insanity defense “might not” be established when a defendant’s insanity was due “primarily” to the use of , the First District Court of Appeal held 1/9/09 in People v. Cabonce(A117286). (Above: Jack Daniel’s Wildberry Whiskey, a drug that was involved in People […]
READ MORE“TV and billboard lawyers” — most personal injury law firms on TV and billboard ads lack solid professional track records
Although Ken Shigley is a practicing attorney in Atlanta and isn’t a Memphis personal injury or accident lawyer I wanted to share his latest blog post with all of my readers. Ken has written an exceptional post concerning “billboard” and “tv lawyers”. Even though he is writing about Atlanta, the same thing rings true here […]
READ MORECriminal Sentencing Overhaul has Bipartisan Support- But a Long Way to Go
In the 1980s and 1990s, federal lawmakers passed a number of tough-on-crime measures to address growing concerns about the crack epidemic and high crime rates. Now, decades later, the outcome of the crime laws has become apparent: mass incarceration, unfair outcomes, and penalties that do not fit the crime. The federal government realizes that something […]
READ MOREFederal Wire Fraud Crimes– 18 USC 1343
Three Notorious (Recent) Cases of Wire Fraud Wire fraud is the act of fraud used in electronic communication. That’s simple. Easy to understand. The American Supreme Court mucked things up — for the laymen — when they “several times observed the wire fraud statute has a long arm.,” Pasquantino v. United States. Despite the Court’s […]
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