Posted on
August 7, 2011 in
Scott Greenfield and others decry “overcriminalization”—the attachment of criminal penalties to mala prohibita regulatory violations that include no culpable mental state:The problem is that regulatory violations sometimes result in fines and orders to change procedures, but other times result in criminal prosecutions resulting in extraordinarily harsh prison sentences for people who make a business mistake. If overcriminalization is the application of criminal procedure to what should properly
Posted on
August 6, 2011 in
From Texas Senate Bill 1761F, adding Section 82.0651 to the Texas Government Code:(c) A person who was solicited by conduct violating the laws of this state or the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas regarding barratry by attorneys or other persons, but who did not enter into a contract as a result of that conduct, may file a civil action against
Posted on
August 5, 2011 in
Yesterday:Mark ,As I mentioned Monday, I am hosting a free teleseminar on August 10, 2011 entitled:"How to Double Your Criminal Defense Practice Income Without Spending One Extra Hour In The Office” What I will reveal in this call will enable you to design and implement a strategy to boost your practice revenues and boost them quickly! These are proven techniques.I am not a marketing coach. I am a
Posted on
August 4, 2011 in
Two of the many defendants in the ill-fated Rakofsky v. Internet case are University of St. Thomas (of Minnesota) school of law, and law prof Deborah Hackerson. Hackerson apparently wrote something about Joseph Rakofsky's failure in a murder trial (his first trial of any sort ever) in Washington, DC, and Rakofsky sued her in New York, just like he sued the Washington Post, and the ABA Journal,
Posted on
August 3, 2011 in
The Professional Ethics Committee of the State Bar of Texas recently emitted a new opinion in support of allowing Texas lawyers to participate in for-profit Internet websites that help match attorneys with people seeking legal representation. In Opinion 573, released August 11, 2006, the Texas Ethics Committee, announced that it permits automated online legal matching services and that lawyers in Texas could ethically use this type of
Posted on
August 3, 2011 in
Mosey on over, cowpokes, ’cause it’s brandin’ week in the blawgosphere. Scott Greenfield opens the rodeo with So It’s Not Just Lawyers?, which is this Gene Weingarten column MS3K style. Keith Lee of An Associates Mind comes out strong: Facebook You v. Real You or Why Personal Branding is Stupid: Your brand is what you say about yourself, but your reputation is what others say about you.There
Posted on
August 1, 2011 in
I have occasionally wanted to refer to fools of the nth (or even or odd) degree, but been unable (probably because they aren't "fools" but "simpletons") to bring to hand the Edgar Allen Poe quote from which the expression came. So here, for future reference (yes, Gideon, by all means bookmark it), it is:A certain set of highly ingenious resources are, with the Prefect, a sort of
Posted on
July 31, 2011 in
Wolk settled the underlying case, Taylor v. Teledyne, No. CIV.A.1:00-CV-1741-J (N.D. Ga.), on the condition that the order criticizing him be vacated. This accusation is damning. It also may be untrue. In his nutty and angry 100 page pro se defamation complaint against Overlawyered and others, Arthur Wolk writes:
Posted on
July 31, 2011 in
The Houston Chronicle's editorial board gets gushy over a "human trafficking court" (probably in fact a human-trafficking court) created by juvenile-court judge Michael Schneider to deal with underage prostitutes: "Kudos," writes the Chron, "to all the parties involved for offering a humane, practical alternative for these vulnerable youngsters." Houston State Sen. John Whitmire has a long and distinguished history in working for prison reform and alternatives to
Posted on
July 28, 2011 in
Names redacted to protect the innocent and the guilty alike.Best Motion in LimineBut what if it's denied? Douglas Hofstadter would be proud.