Jun 20, 2017
From time to time we get calls asking us to help remove items posted to the internet that the caller finds embarrassing, unfair or just plain wrong. Sometimes we can help but often we can’t. Recently Walter Olson at the Overlawyered web site of the Cato Institute collected a number of recent posts by law professor Eugene Volokh here, here and here as well as this story in Tech Dirt.
A few simple … Read more
May 16, 2017
Some states apparently insist that even if your criminal conviction is overturned on appeal and the charges against you are dismissed, the state should still keep any fines you’ve paid unless and until you can prove that you were actually innocent of the crime you were charged with in the first place. In other words, they actually have a presumption of guilt that you have to overcome before the state will return the fines you … Read more
Mar 6, 2017
Pulled over by the police, watching the flashing red and blue lights in your rear view mirror, you look for your license, registration and proof of insurance. You roll your window down and the officer asks if you’ve been drinking.
What should you say?
The truth of course. Always the truth. Especially if the truth is that you haven’t been drinking.
But what if you have been drinking?
Before you answer, you might want to … Read more
Feb 7, 2017
A tax professor, an IRS ethics advisor, and a meth dealer all walk into a bar. Except it’s just one guy.
An adjunct professor at Georgetown Law who also worked in the Office of Professional Responsibility for the Internal Revenue Service was recently charged with selling large quantities of methamphetamines.
If one is considering a similar career path, better to work for Pfizer where the governmental red tape is significantly lessened.
Charges are not … Read more
Jan 24, 2017
In a recent amusing post Adam MacLeod tells the story of his encounter with the burgeoning photo radar system in his local court which caused him “to go over the top”.
After winning his trial he still had to fight to get back the money the court had made him pay in order to get his trial. As Orin Kerr points out here, many of his more pretentious constitutional arguments are not legally sound, … Read more
Jan 23, 2017
Although our schools do not equip us to distinguish between the almost 1500 different bugs, lizards, birds, rodents, fish, etc. that the government labels “endangered”, it is now being argued that to take or kill even one of these creatures should be criminal regardless of how innocent or inadvertent the act. Even an endangered splat on your car’s windshield might render you a criminal and send you to jail.
The Overlawyered story itself has a … Read more
Jan 20, 2017
Testimony before grand juries is serious. It generally results in the issuance of felony charges and a warrant authorizing the arrest of the person charged. Testifying falsely before a grand jury so that an innocent person is indicted and arrested can really ruin the victim’s day. However, a recent 6th Circuit Court case eloquently demonstrates that you can’t recover damages for malicious prosecution or for violation of your civil rights under 42 U.S.C. §1983 … Read more
Jan 10, 2017
Most of us wouldn’t think that hang gliders require the same regulation through rules and laws as airplanes and helicopters. Most of us probably wouldn’t think that wheelchairs, even if motorized, should logically be governed by the plethora of traffic laws and rules applied to cars, buses and trucks driving down our streets and highways. After all, a wheelchair enables someone who can’t walk to achieve a personal mobility equivalent to walking. A wheelchair does … Read more
Dec 21, 2016
In a recent case the 7th Circuit Court of Appeals held that a wife who had apparently discovered her husband’s infidelity by intercepting his emails to and from various women could be liable for violating the federal Wiretapping and Electronic Surveillance Act. 18 U.S.C. §2520. In his concurring opinion, Judge Richard Posner questioned whether the law should protect the husband’s privacy interest in concealing his infidelities from his wife.
As Judge Posner wrote: “I … Read more
Nov 29, 2016
Ever wonder if police live by the same rules they claim to enforce?
In Minnesota, a sheriff’s deputy convicted of driving while intoxicated for the second time was just reinstated to his job after his second conviction for DUI and fourth alcohol related conviction. Even though he must blow into a breathalyzer before starting his car to drive to and from work, once on the job he drives without any restriction whatsoever. Of course, a … Read more