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The Cockle Bur Blog

Legal minds on legal matters and whatever else strikes our fancy.

15 Nov, 2010

Merits Briefs

2019-03-18T18:48:11-05:00November 15th, 2010|Tags: , , , , , |

On Friday, the following merits briefs were filed in the U.S. Supreme Court. The briefs can be viewed at this link. The Petitioner's Brief was filed in Stern v. Marshall, No. 10-179; Boeing v. United States, No. 09-1302; Sykes v. United States, No. 09-11311; and Kentucky v. King, No. 09-1271. A Reply Brief was filed in Pepper v. United States, No. 09-6822.

12 Nov, 2010

ABA Journal Has The Scoop On Justice Alito Being Chased By Blogger

2019-03-18T18:48:11-05:00November 12th, 2010|Tags: , , |

The ABA Journal.com summarizes this story about Lee Fang--a blogger from Think Progress--chasing Justice Alito and yelling questions about whether it is ethical for the Justice to be attending a Republican fund-raiser dinner. Fang also videotaped one of Justice Alito's security guards threatening to arrest Fang.

11 Nov, 2010

Petition Raises an Ex Post Facto Challenge to the Sentencing Guidelines

2019-03-18T18:48:11-05:00November 11th, 2010|Tags: , , , |

For the past three years there has been a growing circuit split on whether a defendant’s sentence may be increased by using a Federal Sentencing Guidelines manual that was amended after the offense took place and whether such an increase would violate the Ex Post Facto Clause. Chicago-based attorney Marc Martin filed a petition on Tuesday in United States v. Custable, asking the Court to remedy the circuit split that has become “more pronounced.” In April of 2005, Frank Custable was indicted on a series of wire and mail fraud offenses, and obstruction of justice.

10 Nov, 2010

Divorce Italian Style

2019-03-18T18:48:11-05:00November 10th, 2010|Tags: , , , |

Courts often don’t get sex.  We know that.  But I had thought that this was a peculiarly American matter.  Not so, apparently.  British newspapers are reporting that Italy’s Supreme Court of Cassation, its highest court for nonconstitutional issues, has civilly blessed an ecclesiastical court’s annulment of a marriage.  That, by itself, will [...]

8 Nov, 2010

Administrative Law’s Empire I

2019-03-18T18:48:11-05:00November 8th, 2010|Tags: , , , , |

Many have weighed in on Justice Breyer’s recent book, Making Our Democracy Work: A Judge’s View.  They understandably focus on the sexy topics—constitutional interpretation, Brown v. Board of Education, and judicial review generally; the topics most relevant to today’s political battles—statutory interpretation and the culture wars; and Breyer’s own big, nagging question—why [...]

5 Nov, 2010

The Global Gender Gap (#2 of 3)–From Horse Race to Health Care

2019-03-18T18:48:11-05:00November 5th, 2010|Tags: , , , |

In my last post, I highlighted the “horse race” aspect of the World Economic Forum’s 2010 Global Gender Gap Report, which shows the Nordic countries ahead of the curve in gender equality and the United States placing in the top 20 (#19) for the first time. The ratings are based on each [...]

4 Nov, 2010

How the Iowa vote may improve the long-term chances for same-sex marriage

2010-11-04T22:24:05-05:00November 4th, 2010|Tags: , , , |

Three justices of the Iowa Supreme Court were defeated for election to new terms on Tuesday. It is as clear as could be that they lost because they had joined in Varnum v. Brien, 763 N.W.2d 862 (Iowa 2009), the court’s unanimous decision holding that the state constitution gives same-sex couples a right to marry. Especially given that Iowa is a relatively moderate state – it has a Democratic Governor but just elected a Republican one; it has two long-standing Senators, one Republican and one a liberal Democrat; and Obama thumped McCain there in 2008 – one might well expect that high court judges in other states will take note and be more hesitant than they might have been to follow in the same path as Varnum.

3 Nov, 2010

Imprisoned For Consuming Poppy-Seed Bagel

2019-03-18T18:48:12-05:00November 3rd, 2010|Tags: , , , , , |

Far too often those in the criminal justice system offer the same mantra: “our job is to rehabilitate people.” But far too often that claim is simply untrue. Take, for example, the case of Nicole Defontes, which was highlighted in the Daily Business News two weeks ago. Ms. Defontes was sentenced to four and half years in prison for her participation in a cocaine deal with her former boyfriend. Upon entering prison, Defontes made a commitment to rehabilitation—she graduated from both high school and college while in prison and qualified for a Bureau of Prisons drug rehabilitation program that allowed to her to receive a year off her prison sentence, only if she met strict requirements. Once Defontes was relocated from prison to a federal half-way house, she was hired at a West Palm Beach drug and alcohol counseling center, and quickly rose from “laundry detail to an administrative position.” By all accounts, Defontes was leading a productive law abiding life and meeting the obligations imposed upon her through supervision at the half-way house.