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Sidney Powell Played Herself With Bold Claim No One Should Believe Her

Navigating the Scylla and Charybdis of defamation and sanctions.
Tags: Law, Courts, Michigan, Sanctions, Legal Ethics, Sidney Powell, Dana Nessel, Election Law, Jocelyn Benson, Gretchen Whitmer, Heather S. Meingast


Morning Docket: 04.08.21

* A lawsuit alleges Florida police used excessive force after mistaking Star Trek memorabilia for weapons. They should have set their phasers to stun... [Hill] * The Trump Organization has hired a criminal defense lawyer. [Wall Street Journal] * A public defender is suing her boss for allegedly being told to dress more modestly to avoid the sexual interest of male prisoners. [Daily Mail] * Three Michigan lawyers have been charged in a scheme to collect debts on money that was allegedly neve...
Tags: Florida, Law, Washington Post, Star Trek, Fox News, Michigan, Baseball, Wall Street Journal, Hill, Trump Organization, Morning Docket, Public Defender, Biden Administration, Juris Lab


What’s The Big Deal About The Top 14 Law Schools? — See Also

What's A T14 Anyway?Georgetown knows all too well. No Loans For You!: DOE to Florida Coastal, basically. This Seems Wrong: Surrogacy debacle in Michigan. Don't Announce Bonuses On Friday: Come on, get with the program. Top Schools For Music Law: A list. What In The World In Going On In South Bend: This is outrageous.
Tags: Florida, Law, Michigan, DOE, See Also


She Gave Birth To Her Own Children, Then A Michigan Judge Ruled Her To Be A Surrogate

There are many ways to form a family, and all families deserve equal respect under the law.
Tags: Law, Family law, Michigan, Ellen Trachman, Assisted Reproductive Technology (ART


Court to take up case on “harmless error” standard in habeas proceedings

The Supreme Court on Monday announced that it would add the case of a Michigan inmate convicted of premeditated murder to its docket for next term. The justices granted Brown v. Davenport, a petition filed by the state of Michigan on the standard for whether a constitutional error is “harmless” when a defendant is seeking federal post-conviction relief. The inmate, Ervine Davenport, was convicted after a trial at which he was shackled. State courts in Michigan agreed that shackling Davenport vi...
Tags: New York, Featured, Supreme Court, Law, Court, New Jersey, Michigan, District Of Columbia, Brown, Murphy, McDonald, Dobbs, Davenport, Howe, U S Court of Appeals, City of Chicago


SCOTUS grants cert to address circuit split over "harmlessness" in federal habeas review

The US Supreme Court's order list this morning includes one cert grant, and it is a habeas case out of the Sixth Circuit: Brown v. Davenport, No. 20-826.  Here is how Michigan's cert petition frames the issue to be considered in this case (which will likely get argued in the fall during the next SCOTUS term): In Brecht v. Abrahamson, 507 U.S. 619 (1993), the Court held that the test for determining whether a constitutional error was harmless on habeas review is whether the defendant suffered “a...
Tags: Sixth Circuit, Law, Congress, California, Court, Davis, Michigan, US supreme court, Brown, Chapman, Brecht, Abrahamson, Ayala, Douglas A Berman, Davenport No


Former Judge Disbarred

A former judge has consented to disbarment by the Michigan Attorney Discipline Board Respondent and the Grievance Administrator filed a Stipulation for Consent Order of Discipline, which was approved by the Attorney Grievance Commission and accepted by the hearing panel.... [Author: Legal Profession Prof]
Tags: Law, Michigan, Legal Profession Prof, Bar Discipline & Process, Attorney Grievance Commission


Sanction For Pharmacist Crime And Bar Testimony

The Ohio Supreme Court has imposed an indefinite suspension with no credit for time served on a felony conviction interim suspension and reinstatement on conditions. In addition to the conviction, the attorney had falsely concealed his Michigan disbarment in a... [Author: Legal Profession Prof]
Tags: Law, Michigan, Ohio Supreme Court, Legal Profession Prof, Bar Discipline & Process


Amusing (but still quite serious) reminder of what not to do while awaiting federal sentencing

A Sixth Circuit panel yesterday issued a notable (unpublished) opinion in US v. Cadieux, No. 20-1689 (6th Cir. Mar. 15, 2021) (available here).  It is hard not to be somewhat amused by the facts of the case, but it is still important not to downplay the serious sentencing realities involved.  Here are the factual basics: Cadieux was involved in a Michigan conspiracy to distribute marijuana in which he grew and then sold at least 100 pounds of processed marijuana over the course of two years to ...
Tags: Sixth Circuit, Law, US, Michigan, Douglas A Berman, Cadieux, Hot Wings, Andrew Bravo


Flagging federal criminal justice reform as great bipartisan legislative opportunity

Van Jones and Louis Reed have this great new CNN piece under the headlie "The one issue that could bring Democrats and Republicans together."  Here are excerpts: Political commentators continue to wonder whether President Joe Biden can deliver on his promise of national unity and healing.  While his prospects for doing so seem increasingly limited, there is one area that offers some hope: criminal justice reform.... Biden has a unique opportunity to build on his predecessors' progress. To start...
Tags: Law, California, Joe Biden, Cnn, Michigan, Louisiana, Biden, Van Jones, Douglas A Berman, Louis Reed


Negative for COVID

Nearly a year ago, in the midst of pandemic, a team led by the Air Force Life Cycle Management Center, with the Air Force Operational Test and Evaluation Center and Air Mobility Command, partnered with more than a dozen other military and civilian organizations to respond to U.S. Transportation Command’s Joint Urgent Operational Need request to develop equipment and procedures for the high capacity airlift of COVID-19 patients on mobility aircraft like the C-17 Globemaster III and C-130 Hercules...
Tags: Europe, Ebola, Amc, Africa, Atlanta, Department Of Defense, Military, Korea, Delta, West Africa, Michigan, Vietnam, Air Force, Wood, Mach, Cpc


Catching up on a week of criminal justice reads

A busy work week with lots of student conferences, Zoom meetings aplenty, and a great OSJCL symposium got me behind on interesting reading (and blogging) on a variety of criminal justice fronts.  So, catching up, here are some recent pieces catching my eye: From The Atlantic, "Anissa Jordan Took Part in a Robbery. She Went to Prison for Murder. The legal doctrine that allows people to be prosecuted for murder even if they didn’t kill anyone has fallen out of favor across the globe. In America, i...
Tags: Law, Nbc News, America, Los Angeles, Michigan, Garland, MDOC, Douglas A Berman, Reuters Biden, Atlantic Anissa Jordan Took Part, New York Review of Books America, Did Illinois


Will This Case Be The Tipping Point For Michigan To Change Its Harmful Surrogacy Laws?

There's no time like the present for the Wolverine State to recognize that its outdated surrogacy law is no longer protecting Michiganders.
Tags: Law, Family law, Michigan, Surrogacy, Ellen Trachman, Assisted Reproductive Technology (ART, Wolverine State


Morning Docket: 02.02.21

* A Michigan lawyer is giving away a free divorce for Valentine's Day. How romantic... [Fox News] * Google is paying millions to resolve allegations that it discriminated against female and Asian job applicants. [Bloomberg Law] * A paralegal in Texas is accused of embezzling around $40,000 from her former employer. [ABC News] * A settlement has been reached in a lawsuit about the alleged lack of Spanish-language voting materials in Florida. [NBC News] * Quinn Emanuel is apparently operatin...
Tags: Google, Florida, Texas, Law, Nbc News, Atlanta, Valentine's Day, Fox News, Michigan, Abc News, Quinn Emanuel, Morning Docket, Bloomberg Law


PFAS in a Phase I Environmental Site Assessment?

The question de riguer in commercial real estate transactions is if PFAS is included in a Phase I Environmental Site Assessment? As made clear by the January 14, 2021 EPA action, the response is “no” that the standard practice for environmental site assessments in the vast majority of places does not consider PFAS, however, .. Per and polyfluoroalkyl substances are a group of more than 4,000 man-made chemicals that include PFOA, PFOS, GenX, and many other chemicals. PFAS has been manufactured an...
Tags: Maryland, Law, Uncategorized, Environmental, United States, Michigan, Epa, United States of America, Stuart Kaplow, ASTM, RCRA, PFOA, CERCLA, Codes and Regulations, Kaplow, PFOS


Michigan Recusal

The former Disciplinary Administrator now serves on the Michigan Attorney Discipline Board. He has granted a motion to disqualify himself in a pending proceeding In this case, Exhibit B to respondent’s motion, a May 17, 2017 letter from an Attorney... [Author: Legal Profession Prof]
Tags: Law, Michigan, Legal Profession Prof, Bar Discipline & Process


Former Public Officials Indicted on Criminal Charges in Flint Water Crisis

Michigan prosecutors last Thursday announced that 9 individuals have been indicted on a total of 42 counts related to a series of alleged actions and inactions that created the Flint water crisis. Interestingly, the Chief Judge of the Seventh Circuit in Genesee County appointed Judge David Newblatt to act as a one-man grand jury to investigate crimes related to the crisis. Indictments were issued after that sole grand juror listened to and evaluated the evidence presented for 12 months. “But why...
Tags: Law, General Motors, Environmental, Michigan, Detroit, Flint, Rick Snyder, Flint Water Crisis, Flint River, Genesee County, Detroit Free Press, Lake Huron, Legionnaire, Stuart Kaplow, Seventh Circuit, Codes and Regulations


Ex-State Trooper Suspended For Four Years

An agreed four year suspension has been imposed by the Michigan Attorney Discipline Board for a conviction described by the Detroit Free Press A judge told former Michigan State Police trooper Mark Bessner on Monday that people like him have... [Author: Legal Profession Prof]
Tags: Bar Discipline & Process, Legal Profession Prof


Ex-FBI Attorney Suspended

The Michigan Attorney Discipline Board has imposed an interim suspension of a former FBI attorney for his guilty plea to a federal false statement offense. Politico reported Prosecutors are asking for a prison sentence for a former FBI lawyer who... [Author: Legal Profession Prof]
Tags: Law, Politico, Fbi, Michigan, Legal Profession Prof, Bar Discipline & Process


Celebrity (gossip) edition of criminal justice round-up

In a weak effort to bring a smidge of lightness at a time when it is pretty easy to feel dark, here are some recent headlines at the intersection of celebrity stories and criminal justice developments: "Lori Loughlin Released From Prison After Serving Two Months for College Admissions Scandal" "Bill Cosby thanks Jesse Jackson for calling for his release from prison due to COVID-19 threat" "Michigan Passes Prison Reform Laws Supported by Meek Mill & Jay-Z's REFORM Alliance" "Kanye West Is...
Tags: Kim Kardashian, Law, Cnn, Kanye West, Michigan, Jesse Jackson, Van Jones, Douglas A Berman, Lori Loughlin, Meek Mill Jay Z


The lives they lived and the court they shaped: Remembering those we lost in 2020

The lead plaintiffs in three landmark civil rights cases. A government lawyer who argued at the Supreme Court more than anyone else in the 20th century. A chief justice’s right-hand man. A trailblazing feminist who became a transformative justice. These were among the people we lost in a year that was so defined by death. As the year comes to a close, SCOTUSblog looks back at some of the individuals who died in 2020 after living lives that brought them – at different times and for different reas...
Tags: John Lewis, Featured, Supreme Court, Law, Congress, China, Virginia, Court, Alabama, America, Georgia, Reagan, Cnn, Pennsylvania, United States, Ronald Reagan


Reviewing remarkable recent criminal justice reforms in the state of Michigan

Ohio and Michigan have a long-standing rivalry on a number of fronts, but highlights why I do not think any state could rival the state of up north with regard to its recent achievements in criminal justice reform.  This piece, headlined "Michigan lawmakers made big inroads on criminal justice reform, but advocates say there’s more to be done," merits a full read, and here is how it gets started: In a legislative session dominated by disagreements over how best to handle the COVID-19 pandemic...
Tags: Law, Senate, House, Ohio, Michigan, Michigan Supreme Court, Douglas A Berman, Gretchen Whitmer, Whitmer, Lee Chatfield, Bridget Mary McCormack, Marihuana Registry Fund


Split Michigan appeals court upholds sentencing of mass molester Larry Nassar over claims of misconduct by sentencing judge

As detailed in posts here and here from nearly three years ago, there was a lot of chatter and commentary about the high-profile conduct of the Michigan state sentencing judge during the high-profile state sentencing of Larry Nassar, the former USA Gymnastics team doctor who sexually abused many girls under his care.  Today, as reported in this local press piece, Michigan appeals court judges opined on the sentencing judge's conduct in a split ruling upholding Nassar's sentencing.  Here are the ...
Tags: Law, America, Cameron, Michigan, Michigan Supreme Court, Michigan State University, Shapiro, U S Olympic Committee, Nassar, USA Gymnastics, Michigan Court of Appeals, Douglas A Berman, Ingham County, Gadola, Larry Nassar, MSU Nassar


"1 in 5 Prisoners in the U.S. Has Had COVID-19"

The title of this post is the headline of this Marshall Proeject accounting of the ugly state of the pandemic in incarceration nation. Here are some excerpts: One in every five state and federal prisoners in the United States has tested positive for the coronavirus, a rate more than four times as high as the general population. In some states, more than half of prisoners have been infected, according to data collected by The Marshall Project and The Associated Press. As the pandemic enters its ...
Tags: Law, Ap, Pennsylvania, United States, Michigan, Associated Press, Cincinnati, Marshall Project, Loretto, Bureau of Prisons, Douglas A Berman, FCI, Paul Manafort, COVID, March Infection, Pheonix Yuma


The Geek in Review Ep. 98 – The Boston Legal Design Challenge Update

A couple months ago, we brought in Bob Taylor and Jeff Marple from Liberty Mutual, and Gabe Teninbaum from Suffolk Law School to discuss the Boston Legal Design Challenge being held online in November. Taylor and Marple are back to discuss how things went, and they brought with them one of the members of the championship team, Aubrie Souza. Souza is a 2L from Suffolk and her team triumphed over the other nine law school competitors from across the United States and Canada. While the event was he...
Tags: Apple, Hollywood, Texas, Maryland, Microsoft, Law, Stanford, Boston, Uncategorized, Canada, United States, Michigan, Bob, Taylor, US Army, Liberty Mutual


Can Influencers’ Failure to Disclose Sponsorship Constitute False Advertising?–EIS v. WOW Tech (Guest Blog Post)

by guest blogger Prof. Alexandra J. Roberts This decision has everything—from sex toys with proprietary air pulse technology to Instagram influencers and Amazon astroturfing to illicit meetings inside the sauna of a well-known Las Vegas hotel.  Most exciting for this guest blogger, it appears to be the first published decision concluding that an influencer’s failure to disclose material benefit qualifies as a false or misleading representation of fact under the Lanham Act. Background Plaintiff E...
Tags: Amazon, Utah, Instagram, Law, California, Marketing, US, Patents, Michigan, Las Vegas, Delaware, Ftc, Blue Cross, Eis, Eric, PTO


632 Flight Training with Jason Miller

Guest Jason Miller produces flight training videos, a critically acclaimed podcast (The Finer Points), and now the Ground School flight training app. In the news, legend Chuck Yeager dies at 97, flight training restrictions due to Covid-19 and airline plans to transport vaccines, insurance rates for pilots, Designated Pilot Examiners, and a hydrogen fuel cell-powered research aircraft. Guest Jason Miller Jason Miller is an award-winning CFI with more than 20 years of experience...
Tags: Insurance, Chicago, United States, Aviation, Michigan, Brussels, Pfizer, Airlines, Faa, Boeing, United, United Airlines, Mach, Fuel Cells, Yeager, CFI


632 Fight Training with Jason Miller

Guest Jason Miller produces flight training videos, a critically acclaimed podcast (The Finer Points), and now the Ground School flight training app. In the news, legend Chuck Yeager dies at 97, flight training restrictions due to Covid-19 and airline plans to transport vaccines, insurance rates for pilots, Designated Pilot Examiners, and a hydrogen fuel cell-powered research aircraft. Guest Jason Miller Jason Miller is an award-winning CFI with more than 20 years of experience...
Tags: Insurance, Chicago, United States, Aviation, Michigan, Brussels, Pfizer, Airlines, Faa, Boeing, United, United Airlines, Mach, Fuel Cells, Yeager, CFI


The US Supreme Court rejects GOP bid to overturn the 2020 election

President Donald Trump arrives to speak at an event on "protecting seniors with diabetes" in the Rose Garden White House, Tuesday, May 26, 2020, in Washington. AP Photo/Evan Vucci The US Supreme Court has rejected a bid by Texas and other Republican-led states to overturn the 2020 election. In an opinion issued Friday, the court said Texas lacked standing and had not demonstrated a right to interfere in how other states administer their elections. The effort to throw out the vote in Pennsy...
Tags: Politics, Texas, Nbc, Law, Washington, US, Trends, Georgia, Pennsylvania, Gop, Tennessee, Connecticut, House Of Representatives, Wisconsin, Michigan, Republican



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