... nice, as judged by me, your visit to this blog is unauthorized. 5. You have never visited Alaska. Okay, this one is totally arbitrary, but it's our blog and we can keep out who we want. Alaska visitors are out, too. You need not agree to these terms. You don't even have to read them, since knowing ... Section 1030 of the Computer Fraud and Abuse Act. Sam is a very astute criminal defense lawyer, so I take his thoughts with the utmost seriousness. If he questions my position, I think ...
November 29, 2008 06:15 am
... (8th Circuit) Petition for certiorari Brief in opposition Petitioner's reply Brief amicus curiae of National Employment Lawyers Association (in support of petitioner) __________________ Conference of December 12, 2008 __________________ Docket: 07-1428; 08-328 ... or Due Process Clause. (Disclosure: Howe & Russell represent the respondent.) Opinion below (Supreme Court of Alaska) Petition for certiorari Brief in opposition Petitioner's reply __________________ Docket: 08-345 Title: Alabama, et ...
November 26, 2008 07:17 pm
... companies, a shift from how cases have usually begun in the past. What does the SEC mean when it says big money? FCPA lawyers are paying particularly close attention to the German conglomerate Siemens A.G., which in 2006 disclosed that it had paid more than $ ... carved for dinner, the turkey is sent to a park in Virginia. This is good for the turkey that is spared, but as Governor Sarah Palin of Alaska--remember her?--recently learned, most turkeys aren't so lucky. (Warning: This video of Palin at ...
November 26, 2008 02:00 pm

Call For Papers

(Law " Humanities Blog)
... of Wisconsin-Milwaukee Utopias are prescriptive, normative alternatives to already existing societies. Thomas More, himself a lawyer, envisioned a society free from lawyers and with few positive laws, and that trope has since made frequent appearance in utopias and ... 2009. Guidelines: [www.utoronto.ca]. All submissions should be sent to: Utopian Studies Department of English University of Alaska Anchorage 3211 Providence Drive Anchorage, AK 99508 e-mail: utopia@uaa.alaska.edu Inquiries about the ...
November 20, 2008 03:54 pm

Issues Granted - 11/19/08

(Texas Court of Criminal Appeals blog)
... cross-examine the victim regarding his juvenile deferred adjudication status for aggravated assault based on the perennial Davis v. Alaska. The court of appeals affirmed the denial because it felt there was no causal relationship between the victim's status as ... Nguyen on the traffic offenses and started reading him his rights. Nguyen interrupted stating he wanted a lawyer, and the officer placed him in the backseat of the patrol car with Sanchez without completing his recitation of his statutory ...
November 19, 2008 08:33 pm

Commons in the News

(madisonian.net)
Last Sunday's New York Times included a provocative piece about commons environments that should interest all intellectual property lawyers, scholars, and policymakers. No, I'm not talking about the lengthy and fascinating profile of Lewis Hyde, which ... number of fish caught in a given year is fixed. This method has been a success in a number of places including Alaska, the source of more than half of the nation's seafood. A study published in the journal Science recently estimated that if catch ...
November 19, 2008 06:41 pm
Electronic filing is mandatory in 9th Circuit cases on January 2, 2009. Training for Alaska lawyers will occur on December 9th in Anchorage (live) and in Juneau and Fairbanks (video). More information here, courtesy of Paul Eaglin.
November 18, 2008 06:01 pm
... before I am prepared to predict Stevens' sentencing fate, the DC Circuit's ruling in Gardellini ensures that Stevens' lawyers will be able to effectively advocate against any prison term for the "Alaskan of the Century" (that's last century, I believe). Some ... pay at sentencing for election-related comments? Another appellate issue for Senator Stevens? Has a mega-jury in Alaska essentially rejected the DC jury's conviction of Senator Stevens? As more Alaskan votes are counted, Senator Stevens ...
November 16, 2008 04:10 pm
... is barely six weeks away. RollonFriday reports that one law firm has already cut the budget for the Christmas party to £5 a head: "Lawyers at DWF are heading for a not-so-festive season after the firm announced that it would be donating a measly £5 per head for Christmas ... . Charon After dark occupied me for part of Friday evening and the latest episode of West London Man: Half baked Alaska? is due out tonight. I have not done an episode of West London Man for some time. A US reader, attorney and ...
November 16, 2008 01:14 pm
... the privileged and powerful….as well as those less-favored by vagaries of birth and status. The recent conviction of Alaska Senator Stevens is only the most recent example of this principle in practice. And, the various Clinton-era legal battles established ... euphemism for kidnapping and outsourcing torture to foreign experts, as well as abuses at Abu Ghraib and Guantanamo, a new lawyer was brought in to head the OLA. Former University of Chicago law professor Jack Goldsmith was shocked to find the ...
November 14, 2008 12:14 pm
... webpage and as further explained in this post at 538, the counting of additional votes in Alaska has led to a new "leader in the clubhouse" in the Senate race between Ted Stevens and ... reelected. And, assuming Begich does prevail, Stevens and his team of lawyers can also benefit by now being able to devote all their time and ... sentencing for election-related comments? Another appellate issue for Senator Stevens? Has a mega-jury in Alaska essentially rejected the DC jury's conviction of Senator Stevens ...
November 13, 2008 05:51 am
... agreement(s) to the judge "on the record" so that the proceedings are memorialized. Now, all court proceedings at least in Alaska are recorded digitally. Before digital recordings were available, the in-court clerks made tape recordings of the proceedings. ... . A June 7, 2008 post on the Oregon Divorce Blog describes how a settlement can go awry if the lawyers are not extremely careful in placing a settlement on the record. As this post suggests, the lesson to be learned is to carefully document in ...
November 13, 2008 02:13 am
... the amendment in applying its effect solely to California. For what it's worth, Governor Arnold Schwarzenegger, who is not a lawyer, announced his agreement with Attorney General Brown about the effect on existing marriages. Schwarzenegger had opposed Prop ... revised the taxing authority of the government. Similarly, as the petition concedes, similar arguments have been rejected by the Alaska and Oregon Supreme Courts in upholding voter initiative state constitutional amendments against same-sex ...
November 11, 2008 05:06 pm
... Davis, McCain began asking about Palin, a first-term governor who had shaken up the Alaska political establishment by taking on her own party elders, who was fearless and defiant, who ... , so does it really matter how we got there? Yet, every trial lawyer has had a trial end successfully but not in the way they imagined. ... their strongest evidence and highlighted their opponent's weakest evidence, the trial lawyers interviewed the jury afterwards and discovered the case the jurors decided bore little ...
November 11, 2008 02:41 pm

District Attorney’s Office v. Osborne

(StandDown Texas Project)
... years in prison with five years suspended. At Osborne's trial, his defense lawyer made a strategic decision not to seek additional DNA testing of biological evidence ... testing than had been used by the prosecution to implicate Mr. Osborne. Prosecutors in Alaska, in their brief urging the Supreme Court to hear the case, District Attorney's ... challenged in a pending case. The federal government and 44 states - but not Alaska - have laws allowing post-conviction DNA testing. "Court to decide on convict ...
November 7, 2008 05:09 pm
... client's "Bong Hits 4 Jesus" banner, June 25, 2007, in Juneau, Alaska. (AP/The Empire, Brian Wallace) Did you think the 'Bong Hits 4 Jesus' ... not decided by the Supremes, including his claim that his free speech rights under the Alaska Constitution were violated (the issue was argued before the Court of Appeals in September, but the ... the future," said Douglas Mertz, Frederick's lawyer. LB'ers: This is the second time in a week that we've mentioned the Alaska Constitution's free speech clause. It ...
November 6, 2008 03:42 pm
... (it looks like there will be at least 57 Democratic votes in the Senate and perhaps even more with the results in Alaska, Georgia and Minnesota still up in the air). But there are two things we know for sure: The Obama ... impact your business? Due to industry, competitive environment or geography are you likely to be an early target of unions, government agencies or employment lawyers? How would you attack your company based on what you know? What tactics would work best? Develop a two-track plan ...
November 6, 2008 03:35 pm
By: LISA R. WILSON On Oct. 22, a Seattle-based fishing vessel, the Katmai, went down in a storm off Alaska's Aleutian Islands, killing seven crewmen. Since then, several former crew members have testified about problems they observed aboard the ship ... must be proven in order to receive compensation. For more information on the Jones Act or other admiralty and maritime laws, visit the Admiralty Law Guide at [www.admiraltylawguide.com], or contact an admiralty and maritime lawyer in your area today.
November 6, 2008 01:00 pm
Richard E. Vollertsen of the Alaska Personal Injury Law Group has been selected for inclusion in the "Best Lawyers In America" 2009 publication. He is now in a distinguished group of attorneys listed in the publication for over 10 years. Selection to the "Best Lawyers In America" listing is based on exhaustive and rigorous peer-review evaluations by the top attorneys in the country.
November 6, 2008 12:45 am
The trial of Alaska Senator Ted Stevens was a mess from the outset, but aside from rampant prosecutorial misconduct issues, who would have thunk that his right to a trial by jury would ... and incoherent interview. Why should we assume, just because us lawyers are all fascinated by our own doings, and court stuff, and politics, ... made it through the "penetrating" selection process of federal court, past two groups of lawyers, and onto the jury. Nobody noticed that she was, oh, slightly off-kilter. ...
November 4, 2008 08:02 am