tag:blogger.com,1999:blog-30190822424098522682011-12-14T09:03:32.476-05:00Hack the law.Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.comBlogger781100tag:blogger.com,1999:blog-3019082242409852268.post-41312707828558243552009-02-15T20:00:00.003-05:002009-02-15T21:20:20.891-05:00

I may be a month late to this party, but at first I dismissed it as an insignificant piece of bizarro non-news, the opposite of a human interest story. More of a human freakshow.A single mother of six, undergoes in vitro and has octuplets. The public reaction ran the gamut, the full spectrum of human emotions.At least the range between outrage and disgust.In the wake of this story there have

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com2tag:blogger.com,1999:blog-3019082242409852268.post-68891284455030529652009-01-06T22:29:00.004-05:002009-01-07T17:21:29.804-05:00

The infrequent blawgger returns to post about college football? Yeah - it's my blog. Deal.As it currently stands, and I am intentionally oversimplifying here, the college football championship is currently decided by consensus. The BCS is a system that is supposed to pit the two best teams against each other in a single championship game. Using a complex formula that takes the average of two

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com2tag:blogger.com,1999:blog-3019082242409852268.post-70675619973646537482008-08-17T21:17:00.003-04:002008-08-17T22:35:29.913-04:00

Imagine you are a medical student. What if you were allowed to ignore an entire system of the body in order to study something cool and very difficult to get into, like plastic surgery? You wouldn't be much of a doctor - even plastic surgeons need to know about the digestive system.Imagine now that you are a law student. Your first year was prescribed to you with required courses - civil

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com5tag:blogger.com,1999:blog-3019082242409852268.post-14255717717323034742008-07-10T13:47:00.003-04:002008-07-10T14:20:36.206-04:00

I am at a CLE, Internet Law Update.This is the worst waste of time I have ever had the displeasure of sitting through. The speaker on Web 2.0 and the law clearly did not use or understand Web 2.0 technology. In fact, he only spoke about Second Life, which he admitted he doesn't get. The legal issues in discussion are also a couple of years behind the times.Memo to PBI: let me teach it next

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com2tag:blogger.com,1999:blog-3019082242409852268.post-37838963121380890762008-07-09T13:44:00.003-04:002008-07-09T14:08:33.146-04:00

Hat tip to the brilliant (no exaggeration) John Wesley Hall for this. He writes in his Fourth Amendment blog that Homeland Security is considering requiring all airline passengers to wear an electronic ID bracelet with a - wait for it - built in taser. Sarcastic post title aside, this has me seriously ticked off.This might reveal my September 10 way of thinking, but why should I trust an

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-28357909164752153302008-06-29T21:56:00.004-04:002008-07-07T23:11:49.421-04:00

I had a thought earlier, and it was on the nature of rights- the right to act automatically includes the right not to act. In certain contexts, it is easy to conceptualize: the right to free speech includes the right not to speak; the right to privacy includes the right to be open (ever more relevant in this age of internet oversharing).And then I thought about the right to marry. Same-sex

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-8966219173777509132008-06-17T14:10:00.004-04:002008-06-17T14:32:15.276-04:00

I hate the stupid decisions made by [EDIT: corrected typos] school administrators, but this is egregious- to teach the kids of El Camino High in Oceanside, California that driving drunk has consequences, the school had police interrupt 20 classes and announce that 26 classmates had been killed in a massive DUI car wreck. The kids, understandably, became very upset, some becoming

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com1tag:blogger.com,1999:blog-3019082242409852268.post-41318643664190305062008-06-13T18:20:00.002-04:002008-06-13T18:37:52.935-04:00

Probably the biggest case ever on the limits of Presidential power comes down this week, and the blawgosphere is agog about what might have been on Judge Kozinski's personal web site.Better minds than mine are writing about the former, and the latter isn't worth writing about.So there.

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-32233616668461654162008-06-09T09:19:00.008-04:002008-06-09T10:49:44.819-04:00

More outrage, which seems to be all I have these days. Osama bin Laden is still at large; the economy is in a handbasket on its way to hell; our energy "policy" is to consume as much as possible; and the Air Force haphazardly mishandles the US nuclear arsenal, by flying warheads across the country in an unguarded C-5.Your government is hard at work protecting you, my fellow Americans. Max

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-22987286245419372642008-05-27T08:56:00.003-04:002008-05-27T09:23:04.581-04:00

Legal Times reports on a terrible example of how far insurance companies will go to screw plaintiffs (registration required). A hotel employee molested a young girl when her family vacationed in the US Virgin Islands. Police are notified, investigation ensues, other victims are discovered, and hotel employee gets convicted and sentenced to five years in prison.Family sues, and based on the

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-30284872128754208562008-05-22T09:37:00.002-04:002008-05-22T10:10:51.437-04:00

The California same-sex marriage decision is fascinating on a number of fronts, but the one that stands out the most for me is that the Court held that it didn't matter whether you call it marriage, domestic partnership, or civil union, as long as the name applies to all persons across the board. The Court gave the Legislature permission to get out of the business of marriage altogether; the

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-19601169140077507082008-05-14T19:05:00.002-04:002008-05-14T19:07:32.591-04:00

I have registered my own domain - www.attorneycharlesthomas.com - with the hopes of getting a real practice up and running in the foreseeable future. In the meantime, I am trying to figure out how sync up all my services over there.

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-43849070215234927912008-05-07T09:20:00.003-04:002008-05-07T09:22:42.196-04:00

Remember the DC administrative law judge who claimed $54 million in damages over a missing pair of pants? He's at it again, although this time he is only after $1 million and his job back.

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-59342602162161588622008-05-07T08:56:00.002-04:002008-05-07T09:00:07.515-04:00

Trial attorneys often wonder what goes on inside the jury room. Here's a very detailed look thanks to a juror in the Uma Thurman stalking case who also happens to be a reporter for the Wall Street Journal.

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-19528616637291578362008-05-06T12:25:00.002-04:002008-05-06T12:54:15.932-04:00

Not being a patent attorney, I don't pay much attention to patent law. There are occasionally stupid patent decisions that get my ire up, but by and and large the ins and outs of patent procedure, but apparently two-thirds of the patent judges were unconstitutionally appointed. DoJ hasn't even denied it, and constitutional lawyers are all in agreement that it's not even close.This could REALLY

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-84351907628165055422008-04-03T21:53:00.003-04:002008-04-03T22:18:19.403-04:00

The Times has an excellent article on "surreptitious sampling," the police practice of collecting DNA samples from suspects without their knowledge (and without a warrant). In a typical case, the cops follow a suspect who may happen to be smoking a cigarette or drinking a soda. The cigarette butt or soda can collects trace amounts of saliva, which contains the suspect's DNA. The suspect throws

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-19856428095033431072008-04-03T21:45:00.003-04:002008-04-03T21:51:57.254-04:00

I haven't been posting lately. By lately, I mean in the past 10 months. I am not really at liberty to discuss it, but I had to focus on other things. My situation is stabilizing, and I really miss writing about the law. So I am back.

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-7899128588420241772007-05-11T13:48:00.000-04:002007-05-11T14:20:12.989-04:00

The Supreme Court of Washington has affirmed a murder conviction that was based in large part by DNA evidence obtained through absolutely appalling trickery, even by cop standards. Trying to close a cold case, the police concocted a ruse to obtain the DNA- they sent the suspect a letter from a fictitious law firm, claiming that he was a class member in a (phony) class action. Naturally, he

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com1tag:blogger.com,1999:blog-3019082242409852268.post-71796307119015320032007-04-30T15:37:00.000-04:002007-04-30T16:21:11.278-04:00

I tried to hard to overreach with this blog. I think I wrote some interesting things at times, but I also went for weeks without anything to say.When you cast too wide a net, you will come up empty.Yet, I don't particularly want to reel in my focus. I am a law geek, first and foremost. I love the law, including matters outside my immediate practice.Which is why Scott v. Harris is so

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-34046982909146183262007-03-31T09:09:00.000-04:002007-03-31T13:54:00.261-04:00

Engadget reported yesterday that the c,mm,n (pronounced "common") was unveiled at a Dutch auto show. c,mm,n is the world's first open source car, and the technology and plans are available for hacking and tweaking. Another open source car in the offing (but nowhere near a rolling prototype) is OScar. This is a day that I have been waiting for, when open source churns out major consumer

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-17830811370557373872007-03-29T09:56:00.000-04:002007-03-29T10:07:52.332-04:00

I've been away for awhile, actually doing, you know, important stuff.In the meantime, let me share this. The totally brilliant John Hodgman explains executive privilege to Jon Stewart on The Daily Show.

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-33422611723037976492007-02-24T09:45:00.000-05:002007-02-24T12:21:37.193-05:00

I've had an idea in my head lately- that I should write about those cases where, in my opinion, the Court screwed up. Not merely where I disagree, mind you, but where the Supreme Court just flat screwed the pooch- not only was the result wrong, but the reasoning was wrong as well. A truly bad decision will will apply bad law to achieve a bad result.The cases in the anti-canon have a few things

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com2tag:blogger.com,1999:blog-3019082242409852268.post-71632461246918955822007-02-22T11:30:00.000-05:002007-02-22T11:42:27.309-05:00

I owe the Legislature of Pennsylvania an apology. The phrase "ultimate sexual act" is not an example of poor legislative drafting. Instead, it copies word for word the language of the Supreme Court in Miller v. California:We emphasize that it is not our function to propose regulatory schemes for the States. That must await their concrete legislative efforts. It is possible, however, to give a

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-73863240405305407832007-02-21T18:48:00.000-05:002007-02-21T21:04:24.287-05:00

I am working on an appeal (that is due tomorrow- no time like the present, right?) which has significant First Amendment implications. Specifically, it is about whether the no-porn clause in our local sex offender parole/probation conditions meets Constitutional muster. Among the many things at issue is whether the condition is vague and overbroad. The trial court opined that it wasn't because

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com1tag:blogger.com,1999:blog-3019082242409852268.post-27987863800746405692007-02-20T11:17:00.000-05:002007-02-20T11:38:13.193-05:00

The Supreme Court today decided the case of Philip Morris v. Estate of Williams, throwing out an $79.5 million dollar punitive damage award on the theory that awarding punitive damages as a way to punish a defendant for harms caused to other people not involved in the case is taking under the due process clause. However, and here is where my brain starts to hurt, the jury can consider harm to

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-40249407119102801382007-02-19T11:32:00.000-05:002007-02-19T12:49:28.370-05:00

Civil unions are officially underway in the Garden State, my much maligned but I would go to war to save her home state. The more I think about the nature of rights, the more I think that Justice Scalia is off his rocker. Controversies like same-sex marriage are exactly the sort of thing that courts should be deciding. Justice Scalia recently debated a Justice of the Supreme Court of Canada on

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-14675827110718643572007-02-16T16:17:00.000-05:002007-02-16T16:38:50.943-05:00

Thanks to Norm at Crime & Federalism for the hat tip on this, although he went off on a different angle.The Facts (short version)- Guy from New York goes to Connecticut, allegedly has too much to drink and kills a pedestrian. Returns to New York, confesses to his parents, and they allegedly help him cover it up. Like I said, short version. Longer version here.The guy is charged with various

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com1tag:blogger.com,1999:blog-3019082242409852268.post-83856175657716172342007-02-16T15:10:00.000-05:002007-02-16T15:55:06.737-05:00

Tip of the hat to the ACSBlog for this gem. Right wing legislators in Georgia and Texas are arguing that teaching evolution (as well as gravity, apparently) in public schools is unconstitutional because it is actually an ancient Kabbalistic conspiracy. The Kabbalah is a mystical Jewish tradition practiced by none other than Esther Ciccone! (Okay- that was mean...)According to the memo (all

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-18267867033266745912007-02-15T15:55:00.000-05:002007-02-15T16:00:34.847-05:00

When I started this blog, I envisioned it as a forum to comment on The State of the Law- that's capitalized, you see. However, with my net cast so wide, I find myself in a bit of a pickle.With absolutely everything in the world to write about, I have nothing to say, as evidenced by my increasingly infrequent posts.So I need to think for a few days about what I want this blog to be about, and

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-4609423233489921062007-02-12T09:04:00.000-05:002007-02-11T21:12:01.402-05:00

We have only just concluded the First 100 Hours, and Washington is back to its old ways. With much fanfare, the new Congress changed the rules to "break the link between lobbyists and legislation."Link repaired!In just the last two months, lawmakers invited lobbyists to help pay for a catalog of outings: lavish birthday parties in a lawmaker’s honor ($1,000 a lobbyist), martinis and margaritas

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-81464239166521134752007-02-03T09:52:00.000-05:002007-02-03T09:53:37.787-05:00

I am a criminal defense lawyer- I have represented killers and rapists, thieves and thugs. And none of them are nearly so slimy as IP attorneys.A stay-at-home-mom in Ohio and breastfeeding activist has gotten a C&D letter from the National Pork Board, because her Cafepress store carried a t-shirt that reads "The Other White Milk." I say carried because it seems that shirt may have been taken down

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com1tag:blogger.com,1999:blog-3019082242409852268.post-59859704033471381572007-02-02T11:17:00.000-05:002007-02-02T11:57:07.458-05:00

There is a story making the rounds that the No Fun League has sent C&D letters to various churches planning to host Super Bowl parties. Apparently a church in Indiana was planning to host a "Super Bowl Bash" as a fundraiser. The NFL faxed a letter advising that the words "Super Bowl" are trademarked and that the league prohibits charging admission to watch the game. So far, the League was

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-83101010575668169332007-02-01T09:39:00.000-05:002007-02-01T10:26:42.722-05:00

By now you have probably heard about the Great Aqua Teen Hunger Force Fake Bomb Scare. If you haven't, I can summarize it this way- to promote the upcoming ATHF movie, viral marketers placed LED Mooninites around various cities, including Boston (where quite frankly, I would expect them to know better). Somebody who had never heard of ATHF and who did not recogize a little pixelized Space

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-89680059506284962922007-01-26T11:19:00.000-05:002007-01-26T13:20:30.536-05:00

I haven't posted in a bit, as I sorted through something I have written about on my personal blog. Not that there hasn't been news, I have just paid some attention to me. But now- back to the law stuff.In a bit of news without analysis, these are happy times for death penalty opponents. A North Carolina court handed down a ruling that amounts to a moratorium on executions. The law in NC is

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-85337371314047154072007-01-11T18:21:00.000-05:002007-01-11T19:37:18.392-05:00

If you have been paying any attention to my shared news feeds down the right column, then you will see many stories about the Apple iPhone. I am a Mac geek, I have been waiting for this phone, and I may be in the market for a new one. So my interests and my needs may converge.Well, iPhone was registered as a trademark by Cisco for its new line of VOIP phones. Although Cisco and Apple were in

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com1tag:blogger.com,1999:blog-3019082242409852268.post-29982369736709973752007-01-09T20:31:00.000-05:002007-01-09T21:32:37.334-05:00

The Supreme Court decided two cases today. Well, they decided one, and punted on the other.In the first ruling, the Court held that paying royalties to a putative patentee under a license agreement does not foreclose the licensee from challenging the validity of the patent at issue in the license itself. This is a great turn of events for innovation- patent trolls have basically choked the

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-83687849194451529782007-01-07T10:20:00.000-05:002007-01-07T10:32:24.950-05:00

Greg has handed out the PD Blogger Awards in a lavish ceremony at the Kodak Theatre in Hollywood, and what can I say- it was an honor to be nominated. I was totally gobsmacked when Blonde Justice did the one-armed pushups. I just wish I knew how Marisa Tomei got an award.Seriously- congrats to all the winners! I read you all everyday!

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-85059003918190238372007-01-04T21:34:00.000-05:002007-01-04T23:24:03.586-05:00

Congress passes hundreds of bills each year, the vast majority being completely ordinary and uncontroversial. Funding for this or that; naming a bridge or highway in honor of some local hero; or approving a nominee for a seat on the Marine Mammal Commission. There is little debate, because as soon as the deed is done the Congress moves on to something else.The Postal Accountability and

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-5996676479415369632007-01-03T11:32:00.000-05:002007-01-03T11:42:00.556-05:00

New Jersey will abolish the death penalty.Iraq has arrested someone for Saddam's inhumane treatment- not the people taunting and cheering, the guy who snuck the cameraphone in.In Ontario, a kid can have three parents.

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-33356105824285963702007-01-01T12:48:00.000-05:002007-01-01T12:52:19.730-05:00

sums it up succinctly: "Altogether, [Saddam's] execution as we now see it is shown to be an ugly, degrading business, which is more reminiscent of a public hanging in the 18th Century than a considered act of 21st Century official justice."

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com1tag:blogger.com,1999:blog-3019082242409852268.post-7220478841814150302006-12-31T08:41:00.001-05:002006-12-31T08:44:06.461-05:00

The whole scene from the execution, taken from a cellphone camera. Defiant to the end, Saddam Hussein mocked Shiite cleric Muqtada al-Sadr moments before he was hanged.Hat tip to Appellate Law & Practice.Keywords: saddam hussein iraq bush execution hanging hanged executed

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-82782552778133276022006-12-30T09:05:00.000-05:002006-12-30T09:50:12.059-05:00

Let me start thusly: he was guilty, of that there can be no doubt. He was hanged for a massacre that had occurred over 20 years earlier, and the proof was incontrovertible. Despite that, I have serious reservations about the fairness of his trial- I find it an outrage that two judges were removed midstream for being insufficiently partial to the prosecution, and only a fool would argue that the

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-5477325068684336212006-12-29T10:51:00.000-05:002006-12-29T10:53:53.686-05:00

No rush or anything- just reiterates my belief that it was a kangaroo court from start to finish.

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-50721003634253125982006-12-29T09:28:00.000-05:002006-12-29T10:07:51.888-05:00

Thanks to Talking Points Memo for pointing the way on this. The FEC has handed down over $6 million in civil fines for campaign violations. What I find so interesting is that Freddie Mac was fined about $3.8 million.Freddie Mac is officially known as the Federal Home Loan Mortgage Corporation. It was created by Congress, the President appoints five of the eighteen Directors, and it is extempt

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com1tag:blogger.com,1999:blog-3019082242409852268.post-31964626164953134242006-12-28T20:55:00.000-05:002006-12-28T21:58:47.169-05:00

Police in Hamilton, Ontario had a conundrum on their hands- how to catch a killer when there are no witnesses, only a grainy security video that shows a person of interest, and not even his face?Post it on YouTube (the video appears to have been removed from YouTube, but I found at another site, which I have to say, is nowhere NEAR as good).George Gallo, a 24-year-old man, turned himself into

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-2359955046149492352006-12-28T16:50:00.000-05:002006-12-29T09:20:23.636-05:00

The New Jersey Appellate Division has affirmed Rabbi Fred Neulander's life sentence, twelve years after Carol Neulander was found bludgeoned to death. The opinion is legally uninteresting because this was a very clean trial, but the Court recites the facts in a literate and novelistic way.In March or April 1994, defendant asked Jenoff if he would "kill for the State of Israel." Jenoff answered

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-42956653871493975642006-12-28T11:58:00.000-05:002006-12-28T16:21:25.147-05:00

A few weeks ago, I complained about the difficulty of doing legal research for free, despite the fact that the law itself is free and public. It makes no sense to me that we should have to pay a company like Lexis or Westlaw for the privilege of finding information that is generally available free of charge somewhere.So, now I am doing something about it. Jimmy Wales' new for-profit company

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com1tag:blogger.com,1999:blog-3019082242409852268.post-6743310562547672602006-12-27T08:41:00.000-05:002006-12-27T09:02:42.882-05:00

The 38th President of the United States has died. He was 93.Appointed, not elected, to the Vice-Presidency he would ascend to the Oval Office in the wake of Watergate. Most controversially, he pardoned President Nixon, a move that probably cost him election proper.It is no secret that I am a hard-core leftist, liberal being not strong enough a word to describe me. Nevertheless, I have always

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com1tag:blogger.com,1999:blog-3019082242409852268.post-81692037824230463412006-12-26T15:04:00.000-05:002006-12-28T14:01:23.946-05:00

The ACLU and the Mexican American Legal Defense and Education Fund have filed suit against the City of Farmers Branch, Texas alleging that its ordinance prohibiting renting to illegal immigrants is unconstitutional.My response- well, duh. It is discriminatory- it is a two-bit jerkwater town trying to set immigration policy on its own, and it is just racist, unlike a similar ordinance in Hazleton

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-91303193154406835932006-12-26T10:11:00.000-05:002006-12-26T10:15:49.008-05:00

Those Iraqi judges sure know how to do what they're told....I will not shed a tear for that man when he is strung up, but I might shed a tear for justice or the rule of law. The only thing missing from that courtroom was the kangaroo itself.

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com2tag:blogger.com,1999:blog-3019082242409852268.post-16310704525710199082006-12-26T09:00:00.000-05:002006-12-26T09:59:09.264-05:00

Back to work- well, not work work. This work. But first, a few meta-updates about either me or this blog (AKA, shameless pimpery).Since Public Defenders are the dirt of the profession, there was not a single PD blog award during the annual year-end navel gazing over at Blawg Review. So, Greg over at PDStuff have announced Public Defender Blog Awards. I am nominated in a number of categories,

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-90465682104522465422006-12-21T20:19:00.000-05:002006-12-21T20:36:38.602-05:00

Not there hasn't been stuff to write about. Injustice in Georgia. Death penalty controversies. Supreme Court Magic: The Gathering cards.Hey- I've been busy. It's the holidays- and I've actually closed a whole bunch of files, no less (meet 'em and plead 'em....).I'm just sayin'....

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-11005987704121878982006-12-16T11:44:00.000-05:002006-12-16T12:11:42.992-05:00

Yesterday, Constant Partial Attention (which actually sounds like what most attorneys jurors of paying to the case) wrote a lengthy and informative piece about her experience serving on a jury in a drug case.As you're walking into the jury deliberation room a man is already volunteering to be the foreman. You know nothing about him but would rather not be the foreman yourself so when he asks if

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com2tag:blogger.com,1999:blog-3019082242409852268.post-27835609072470971062006-12-15T10:58:00.000-05:002006-12-15T12:05:06.510-05:00

A couple weeks ago, much was made of Tom Goldstein's post about the declining Supreme Court docket. The Court, he noted, is just taking fewer cases.The Court returned from its summer recess in something of a docket crunch, and its pace of granting cases slowed considerably from there. By this point last Term, the Court had granted 26 cases (10 from the “Long Conference,” plus 16 more in the

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-21387993880880213372006-12-15T10:04:00.000-05:002006-12-15T10:08:12.568-05:00

To Gideon's Guardian, a fellow PD somewhere who saved his client's life.I never thought I'd be thrilled to hear the words, "life in prison without the possibility of parole" but I am.And I am thrilled for you, too. Pour yourself a drink and a take a rest, you've earned it.

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-64361636056981549572006-12-14T15:33:00.000-05:002006-12-14T15:57:07.210-05:00

Volokh has obtained the transcript from a hearing in which a small claims judge gave a Muslim woman two choices- testify without her veil, or have her case dismissed. I previously wrote about this in October.THE COURT: You need to stand over there. Ms. Muhammad, did my court officer talk with you about taking your veil off? [MUHAMMAD]: Yes, sir. THE COURT: Okay, and what is your suggestion or

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-46252779959895047542006-12-14T14:45:00.000-05:002006-12-14T15:12:23.186-05:00

Apparently, it is now illegal to melt your nickels and pennies. Turns out the metal is worth more than the face value of the coin itself. So instead of coming up with a newer and better method to dole out money, we instead protect the inefficient present system?Puts the phrase law and economics in a new light...

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-3334845815073015892006-12-13T16:31:00.000-05:002006-12-14T06:46:01.297-05:00

As a defense attorney, I have represented both snitchers and snitchees. Cooperating with the police is a risky business, for obvious reasons, and in the current climate on the streets it could be fatal if an informant's identity is revealed.Which is why even I find this to be an outrage- for only $10 a month, you can subscribe to a national database of known informants. The operators of this

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-62209368445955238192006-12-12T21:49:00.000-05:002006-12-12T23:03:55.763-05:00

Part of what makes the Web 2.0 so wonderful is its bottom up, viral nature. Somebody has an idea, then shares it- peer to peer. Few things are as effective as saying "I think this is cool- you should check it out."The top down mainstream marketers have figured that out too. Jason Calacanis reported today that PR firms are paying highly ranked diggers to submit and/or digg up stories.

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-11895371024298963372006-12-11T13:00:00.000-05:002006-12-11T21:39:05.756-05:00

Remember when the new Chief Justice said that he preferred to decide cases on the narrowest grounds possible so to assure substantial majorities?"If it is not necessary to decide more to a case, then in my view it is necessary not to decide more to a case," Roberts said at Georgetown. "Division should not be artificially suppressed, but the rule of law benefits from a broader agreement. The

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com2tag:blogger.com,1999:blog-3019082242409852268.post-63438343362131853282006-12-11T09:00:00.000-05:002006-12-11T09:44:49.413-05:00

The law is free, and I mean that literally. Opinions, statutes, regulations, whatever- these are public documents that are produced in the course of official business.So why is this stuff so hard to find?In my state, precedential opinions are posted on the Court's web site for immediate consumption. However, unless you go and physically check the site you will never know it. It would not be

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-16214386343573055692006-12-10T20:21:00.000-05:002006-12-10T20:31:44.828-05:00

The initial press stories overstated the patent application. McDonald's is not trying to patent the sandwich. They are, however, patent the process involved in making a sandwich. From the application itself:In accordance with another aspect of the invention, a method of making a sandwich composed of at least a bread component and sandwich garnish is provided, comprising placing sandwich

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-8742877944830922032006-12-10T17:46:00.000-05:002006-12-10T19:29:58.588-05:00

Augusto Pinochet died today, aged 91. As Chile's dictator, he murdered thousands and plundered millions. He was under indictment in Spain, exercising universal jurisdiction over crimes against humanity, and under house arrest in Chile, perpetually too old and sick to stand trial or go to prison.Ironic, isn't it, that he should escape his so richly deserved fate, because of concerns for his

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-49959239660457250692006-12-06T10:51:00.000-05:002006-12-06T11:44:28.149-05:00

Two separate stories remind me yet again that one should think all the consequences through very carefully before acting.First, Professor Friedman at Religion Clause (himself via Wall of Separation) wrote about the policy of Albemarle County, Virginia schools to allow religious non-profit organizations to distribute information via "backpack mail" (I guess what we used to call dittos). The

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-37143489241650279342006-12-04T14:53:00.000-05:002006-12-10T20:45:21.426-05:00

Andrew Sullivan wrote over the weekend that he believes the mortgage interest tax deduction should be abolished. This, predictably, resulted in some mild excoriation. The arguments in favor of maintaining the mortgage deduction are predictable- without the deduction some people would not be able to own a home; homeownership builds wealth; home ownership is "the American dream;" etc etc etc.My

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-6080657220591280402006-11-29T09:45:00.000-05:002006-11-29T10:10:31.249-05:00

The Supreme Court heard argument yesterday in the most important patent case years, and probably the most important case so far this term. I have blogged about it before.At issue is when an invention is obvious, particularly in the context of the combination of preexisting technologies. The Court of Appeals for the Federal Circuit, the special appellate court with exclusive jurisdiction over

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-56632697410512451262006-11-29T09:39:00.000-05:002006-11-29T09:45:01.645-05:00

Apparently, trials are rare (registration required). I keep forgetting that criminal defense is the one field in which trials are relatively common. Last fall at a party in New York, I met a number of big firm lawyers. Their stories were all about filings and discovery motions and partners who make them pick up their dry cleaning. My stories were all about smelly clients and picking fights

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-66197177723689160802006-11-27T09:13:00.000-05:002006-11-27T10:16:50.924-05:00

Earlier this month, the Superior Court of Pennsylvania issued a ruling (PDF) in a child pornography case that I read and then decided it was not a landmark decision. The appellant was convicted of "knowing possession" of child porn. The evidence (by all accounts, undisputed) showed that he intentionally sought out child porn (over 370 images), but did not save the images to his hard drive.

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-61630681336875466552006-11-26T18:15:00.000-05:002006-11-26T18:19:10.565-05:00

McDonald's has applied for a patent on the sandwich. Yes- meats and veggies, with condiments, between two slices of bread, or, as in the lingo of the patent application, the "bread component."I sincerely hope that this is just a badly written article, because the actual patent application is not available online yet. I'll try to post it next week sometime.

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-62708289457558967952006-11-22T11:57:00.000-05:002006-11-26T15:29:48.735-05:00

Someone got sentenced last week. He had a plea deal in place, but elected to plead straight thinking he could do better than the offer, and he had some great arguments for lenience. Well, he did worse than the offer on both the front AND back ends.Some years ago, I remember the British nanny murder trial. Her attorneys made a tactical choice not to ask for a lesser included instruction- it was

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-52134403569512799402006-11-21T09:50:00.000-05:002006-11-21T13:33:54.441-05:00

You have all by now seen the Bank of America "One" video I should hope. It is painful to watch middle of the road bank managers mangle and ruin what is probably the best rock song of the last 20 years, (literally) singing the praises of a corporate merger. It is also earnestly sincere, and I will readily admit- the guy can sing.However, sincerity alone is not enough for the lawyers. Universal

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-69280754330971952682006-11-17T10:07:00.000-05:002006-11-17T10:11:18.126-05:00

Salon does it two days in a row, this time with a post in Broadsheet about a German court ordering a gynecologist to pay child support to a woman whose contraceptive implant failed.It's one thing to call for the men responsible for making babies to cough up the cash and provide for their chitlins, but a court in Germany this week has redefined the concept of responsibility for children with a

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-86858972518153707802006-11-16T10:50:00.000-05:002006-11-16T11:58:40.070-05:00

Today's Salon has a compelling story about a fertility clinic mixup. Two couples go for treatment- Couple One wants HIS sperm in HIS girlfriend only; Couple Two needs an anonymous donor. The clinic (by all accounts, accidentally) used the first man's sperm in the second man's wife. Now Man One wants paternity and visitation; Man Two does not. The lawsuits fly, and the law is not in the

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-64229989214292426202006-10-26T14:47:00.000-04:002006-10-26T16:43:15.814-04:00

I am both proud and ashamed of my home state. As it is (literally) yesterday's news, I don't need to remind you that the Supreme Court of New Jersey held that gays are entitled to the same rights straights enjoy. That is the part the makes me proud. The part that shames me is that the Court punted and did not come out in favor of marriage, but rather directed the Legislature to do something

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-69255108490138655712006-10-22T21:05:00.000-04:002006-10-22T21:26:42.454-04:00

Just a simple contract dispute over a rental car, a case that by itself should probably have never gotten to court in the first place. Certainly not a case that anyone will remember for its actual claim.The case might be remembered for another thing, however. The plaintiff- a devout Muslim woman- came to court wearing the niqab, a full face veil. The Judge told her to remove it.The Judge said

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-20697771049235760902006-10-22T19:18:00.000-04:002006-10-22T19:24:14.956-04:00

Wife comes home. Catches husband having sex. With the dog (work safe).Apparently she was composed enough to take pictures with her cameraphone. After three and a half years in a public defender's office, nothing shocks me anymore.

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-58126787393733095272006-10-22T17:49:00.000-04:002006-11-17T10:55:12.606-05:00

Last week, the Patent office granted a patent to a firm called Parago. Hardly newsworthy- patents are granted hundreds of times a week. This patent, however, ought to infuriate everyone.Manufacturers and service providers offer rebates as a financial incentive to increase sales. Rebates offer cash back to consumers who fulfill a set of requirements after purchasing a product bearing a rebate.

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0tag:blogger.com,1999:blog-3019082242409852268.post-35327713987683877232006-10-20T10:49:00.000-04:002006-10-20T11:03:20.886-04:00

I have been blogging for a number of years now. Mostly about the state of my life, but I have also done some topical blogs. I had a political blog for about a year, but personal issues got in the way of regular updates, and I let it die, although I maintain the archive.Rejuvenated, I am starting a new topical blog, this time about something near and dear to me- the law. I am a lawgeek- meaning

Charles Thomashttp://www.blogger.com/profile/02625607607098510780noreply@blogger.com0