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Jose Padilla v. John Yoo

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On Friday, January 22, 2010, Hirad Dadgostar, Dave Sidhu, and myself filed an amicus brief with the U.S. Court of Appeals for the Ninth Circuit in the case of Padilla v. Yoo.  Our brief was filed on behalf of legal ethics scholars in support of the District Court’s opinion, which allowed Padilla’s claims to move […]

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Criminal Justice: The Flaws and Fallacies of the American Justice System

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This is a little off topic in light of my recent posts about Bankruptcy, but still is a compelling read. Steve Salerno examines the American Justice system for eSkeptic.

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Five Charged in Beating Loan Modification Agents

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What’s worse than losing your home to foreclosure — getting scammed out of several thousand dollars by supposed “Loan Modification Specialists” and then still losing your home. In my office, we sue loan modification agents who commit fraud (many of them have no expertise and make promises they cannot keep). The law provides a remedy […]

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New Jersey Court Holds Drunken “Idling” is Not DUI

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The New Jersey Law Journal reported on May 28, 2009, about an appeals court ruling holding that under New Jersey law, being drunk behind the wheel of a parked vehicle, even with the engine running and the parking brake off, can’t carry a DWI conviction without proof of intention to drive.  The case was State […]

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California County Stops Prosecuting Misdemeanors

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The WSJ Law Blog has an interesting post today about Contra Costa County, in California.  The County has stopped prosecuting a host of misdemeanor crimes following the layoff of 18 prosecutors.  The Law Blog reports: Which infractions won’t be prosecuted? The list includes non-DUI traffic offenses such as driving with a suspended license and reckless […]

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Supreme Court Shows Signs of Reason on Car Searches

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The Supreme Court’s recent decision in Arizona v. Gant restores some sense of reason to the previously unfettered authority of police officers to search a person’s car incident to an arrest.  Full text of the opinion is available here.  Mr. Gant’s case is typical of cases I have encountered in my practice.  While driving in […]

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