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Business as usual in the SCOTUS.  There have been changes in personnel in the five years since our last post with this title. But the results are the same. The burning issue in this case? Whether a dismissal of a Federal Tort Claims Act (“FTCA”) case brought against the federal government bars any other litigation based on the same facts and circumstances. Well, let me get a little lawyerly, in the sense of…
So let’s look a little closer at the cert petition in Farrar. It’s such a threat to do more harm than good we find it hard to believe that’s not the intention. More specifically, it’s a strenuous effort to do – formally and explicitly – exactly what we have argued for years that the SCOTUS should never do: conflate the Brady and Mooney lines of cases. You should follow that link.  But for those…
So the Cole v. Carson case is in progress, with Cole’s brief now due on April 1st.  And now there’s another one, Farrar v. Williams. In Farrar the poor schmuck is the Petitioner, whereas in Cole the government is petitioning.  But Farrar is represented by Hogan & Lovells, one of those firms, you know, and that raises the profile quite a bit. We can be conspiracy minded here at LoS.  If we were so…
Justice Sotomayor complains that the SCOTUS is favoring the government. But see here.  SCOTUS has been heavily favoring the government for many years. We pointed this out in some detail – gosh – more than six years ago.  Called it an “open secret”. What’s the truth here?  We don’t mind Justice Sotomayor especially, but she’s being more than a little disingenuous.  The Justices CNN labels “conservative” have it right.  Trump Derangement Syndrome is…
Some high profile criminal trials and/or cases are driven by that search.  It’s improper, and that’s on the prosecution, but never mind that for now.  The reality is clear enough. So there are two such cases dominating the “news” cycle this week:  the trial of Harvey Weinstein and the post trial proceedings of Roger Stone. It’s a strange drive, if you ask us.  Convictions and stiff sentences will constitute highly emotional validation for the partisans…
A very thoughtful article here, from a periodical that no doubt would like to see a conviction but acknowledges that it’s a “weak case”. We here at LoS?  Not so sure.  We like this quote from The Nation article: In bringing this case the way it did, however, the state has also invited jurors to contend with issues that criminal law is too blunt an instrument to resolve. That’s insightful. The outcome of a…
You get Bagley expounding on Agurs opining that a “Napue” violation – which really should be termed a “Mooney” or “Pyle” violation – and this is what you wind up with in a District Court in 2020, in this case the District of Maryland: However, a Napue violation is evaluated under the harmless-error standard, Bagley, 473 U.S. at 679 n.9, while a Brady violation is not; instead, an alleged Brady violation only requires reversal if a reasonable probability exists that, had…
…from this morning caught our attention here at LoS. First, although we have been somewhat aware of the CIA’s MK Ultra debacle we had never seen it associated with the notorious Whitey BulgerCharles Manson, yes. It raises the question of just how many poor souls had their lives ruined in what should have been recognized even at the time as a highly unethical – indeed criminal – experiment on unwitting human beings.…
…the term “liquidity trap” was popular and being discussed around here.  It’s still an issue requiring discussion.  Beyond that, we could still use a jubilee and a return to the gold standard.  There is still no other permanent solution.  Presidential candidates like Bernie Sanders are discussing the former; nobody in media land is discussing the latter.  That’s a disservice to the public, but only one among many at this point. In any event, if people…