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AG Holder’s Defense of Swartz Prosecution is Troubling
by: Lawrence S. Goldman Attorney General Eric Holder yesterday defended the Department of Justice's treatment of Aaron Swartz, the 26 year-old internet activist who committed suicide three months before his scheduled trial in federal court in Boston. Specifically, Holder, in response to questioning by Sen. John Cornyn, a Texas Republican, defended the prosecution by citing the
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Eleventh Circuit Finds Violation of Customs Regulation Not Criminal
by: Lawrence S. Goldman One of the several troubling aspects of the continuing overcriminalization of federal law is the frequent elevation of a violation of civil regulation to a crime. In United States v. Izurieta, 11th Cir., 11-13585 (February 22, 2013), the Eleventh Circuit addressed this issue. The defendants in Izurieta were convicted after trial by
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New York Civil Case Allows Exorbitant Pay for Witness Testimony
by: Lawrence S. Goldman In Caldwell v. Cablevision, 2013 N.Y. Slip Op. 00783, the New York Court of Appeals two weeks ago unanimously affirmed a trip-and-fall civil defendant's verdict in which an emergency room physician subpoenaed by the defense as a fact witness was paid $10,000 for one hour of testimony to verify an entry he
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New Scholarship – Scienter Pleading and Rule 10b-5
A recent publication in the Case Western Reserve Law Review by Dain C. Donelson and Robert A.Prentice, Scienter Pleading and Rule 10b-5: Empirical Analysis and Behavioral Implications. From the abstract: Pleading requirements are the keys to the courthouse. Nowhere is this more true than with rule 10b-5 class action securities fraud claims. Provisions of the Private Securities Litigation Reform
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New Scholarship – “Ham Sandwich Nation: Due Process When Everything is a Crime”
New Article by Glenn Reynolds (Tenn). SSRN Abstract and Article here – Though extensive due process protections apply to the investigation of crimes, and to criminal trials, perhaps the most important part of the criminal process — the decision whether to charge a defendant, and with what — is almost entirely discretionary. Given the plethora
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In the News & Around the Blogopshere
David Oscar Markus, Southern District of Florida Blog, A Call to the Judiciary Sherri Qualters, National Law Jrl, law.com, Lawyer gets home confinement for failing to report boss's mortgage fraud Texas State Securities Board, Foreign Notes Scammer Sentenced to 80 Years in State Prison This Week From 500 Pearl Street Casey Sullivan, Reuters (Chicago Tribune),
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Irving R. Kaufman Memorial Securities Law Moot Court Competition
Announcement from the Fordham Law Moot Court Board Each spring, Fordham University School of Law hosts the Irving R. Kaufman Memorial Securities Law Moot Court Competition. Held in honor of Chief Judge Kaufman, a Fordham Alumnus who served on the United States Court of Appeals for the Second Circuit, the Kaufman Competition has a rich
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Ring Case – Commentary
The D.C. Court of Appeals rejected all of Kevin Ring’s appellate arguments, from his claims of an impropriety premised on the district court’s definition of what constitutes an "official act" to a claim of a Federal Rule of Evidence 403 violation. The court’s findings include that "campaign contributions can be distinguished from other things of
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D.C. Circuit Affirms Ring Decision
The D.C. Circuit affirmed the decision in the Kevin Ring case. See here – Download Ring Decision Commentary to follow. (esp)
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In Memoriam: Murray Janis
by: Lawrence S. Goldman Murray Janis, a dean of the Virginia and national criminal defense bars, passed away a few days ago. Murray, a former president of the NACDL, was a superb lawyer highly respected and well loved by his peers. He was a true gentlemen whose grace and smile lighted up a room. He will
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