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The Cockle Bur Blog

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

27 Jul, 2011

Can Medical Marijuana Users In Oregon Carry Concealed Guns Even Though Federal Law Does Not Allow Them To Possess Firearms? A New Supreme Court Petition Says “No”

2019-03-18T18:47:55-05:00July 27th, 2011|Tags: , , , , |

The intersection between state law sanctifying medical marijuana and federal law outright banning it is a hot topic around the country. On Tuesday, the debate landed at the U.S. Supreme Court’s white marble steps. An Oregonian County filed a petition for certiorari in the U.S. Supreme Court arguing that a federal law banning firearm possession [...]

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27 Jul, 2011

What Is the Impact of the Supreme Court’s Ruling in Freeman v. United States to the Retroactive Crack Cocaine Amendment?

2011-07-27T17:43:02-05:00July 27th, 2011|Tags: , , , , , , , |

First impressions are rarely accurate. At least mine, anyway. So when I first read Justice Sotomayor’s concurring opinion in Freeman v. United States, No. 09-10245, I didn’t think much of it. The number of guideline amendments that turn retroactive is few as are Rule 11(c) plea agreements. But giving the opinion a [...]

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26 Jul, 2011

An Interesting Series at The Volokh Conspiracy

2019-03-18T18:47:56-05:00July 26th, 2011|

I’ve been reading a series of posts titled “Let ‘em Play” by guest-blogger Mitch Berman at The Volokh Conspiracy. Professor Berman starts with a general proposal that we can examine the rules-regimes within sports to enhance our discussion and understanding of society’s legal frameworks. In this series he specifically considers the practice of calling fouls [...]

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26 Jul, 2011

The 27 Club: Amy Winehouse Joins An Elite Group

2011-07-26T16:34:41-05:00July 26th, 2011|Tags: , , , , , , |

The San Francisco Chronicle has an eery look at musicians that tragically died at the age of 27. They include some of the biggest names in music and include the likes of blues legend Robert Johnson, guitarist Jimi Hendrix, The Doors frontman Jim Morrison, the raspy-voiced Janis Joplin, Nirvana singer Kurt Cobain and the newest [...]

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26 Jul, 2011

Nebraska Abortionist LeRoy Carhart Is Back In The News

2011-07-26T16:23:58-05:00July 26th, 2011|Tags: , |

The Washington Post covers the work of LeRoy Carhart--the Nebraska abortionist whose legal challenges were twice reviewed by the U.S. Supreme Court. Since Nebraska passed laws banning abortions beyond 20 weeks of gestation, the WP reports that Carhart has moved his abortion practice to Maryland. The WP notes that "[m]ost of the abortions Carhart performs [...]

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22 Jul, 2011

The California Hunger Strike Has Ended, Allegedly

2011-07-22T15:58:05-05:00July 22nd, 2011|Tags: , |

Several major media outlets are reporting today that the California prison hunger strike has ended. Click here, here, and here. “Yet prison advocates claim that those reports have yet to be confirmed,” ColorLines reported. You might be wondering why California prisoners started the hunger strike. It started over what prisoners call “inhumane” conditions in [...]

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19 Jul, 2011

An Interview with the Legal Writing Pro: Ross Guberman on Writing Style, the Supreme Court, and the Next Project

2019-03-18T18:47:56-05:00July 19th, 2011|Tags: , , , , , |

Ross Guberman is President of Legal Writing Pro, Adjunct Professor at George Washington University Law School, and author of Point Made: How to Write Like the Nation’s Top Advocates. I learned of Ross’s work after reading an essay entitled “Five Ways to Write Like John Roberts.” In the essay, Ross distills five [...]

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