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Kissy Suzuki
Mar 27, 2011

No honeymoon. This is business.

Roger_Mudd posted:

I just got an e-mail notifying me my diploma is in the mail. My level of giving fucks for finals couldn't be lower.
:hf: glad to hear I'm not the only one

Linguica posted:

Couple years ago, the managing editor of MLR took transnat in his final semester, pass/failed it, and booked the class anyway
I am less "managing editor of MLR" material and more "I have not gone to class in 3 months" material

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Roger_Mudd
Jul 18, 2003

Buglord

entris posted:

Some thoughts about the legendary Jay-Z and some of his lyrics from "99 Problems". It seems to me that Jay-Z is wrong in his analysis but maybe you crimlawgoons can provide better insight.

Me thinks you lost the point of the song?

maskenfreiheit
Dec 30, 2004
"55 in a 54" is a reference that, while the speed limit might be 50, without radar, most cops don't write tickets for anything below 55, since technologies like VASCAR (or simply tailing behind for a few miles) are not precise enough to hold up in court.

The Warszawa
Jun 6, 2005

Look at me. Look at me.

I am the captain now.

entris posted:

Some thoughts about the legendary Jay-Z and some of his lyrics from "99 Problems". It seems to me that Jay-Z is wrong in his analysis but maybe you crimlawgoons can provide better insight.

Jesus Christ, I thought I was a gunner.

(Also the point is racial profiling.)

CmdrSmirnoff
Oct 27, 2005
happy happy happy happy happy happy happy happy happy

entris posted:

Some thoughts about the legendary Jay-Z and some of his lyrics from "99 Problems". It seems to me that Jay-Z is wrong in his analysis but maybe you crimlawgoons can provide better insight.

A dude in my law and literature class actually wrote his final paper about this song/his other works.

Well, peace.

JohnnyTreachery
Dec 7, 2000

PatrickKilpatrick posted:

Does anybody here go to Loyola Los Angeles? My Conlaw professor taught there before this semester. Wondering if anybody could get me some of his old exams. If anybody can help me out send me a PM. Thanks!

lash, right? i had him for conlaw 1 and 2 but the library deleted his old exams. all i can tell you (which you probably already know) is he rolls with 1 or 2 issue spotters and a policy question. character limit on all 3 so it's not a racehorse.

i have a couple outlines tailored to his conlaw 1 class, if you want those pm me

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

entris posted:

Doing fifty-five in a fifty-four? Is there any jurisdiction in the US that has a speed limit ending in a number other than 0 or 5? I've never seen or even heard of a speed limit ending in a four.

But, assuming that Jay-Z is over the speed limit, the initial stop seems legal.
Yeah, this is implying the cop is making poo poo up. Jay-z was doing 55 in a 55 is the implication, but the cop is lying.

quote:

"99 Problems" was released in 2004, and Terry v. Ohio was decided in 1968, and Maryland v. Wilson (1997) confirmed the principle that cops can order passengers out of the car during a traffic stop. So Jay-Z can't simply say "I'm not getting out of the car", right?
Yes, they can, but the implication of "a lot of you are" nis that this is race based and not just normal procedure. This would be a possible 42 USC 1983 claim.

quote:

It seems to me that the cop can do a "protective search" of the passenger compartment. Since Jay-Z hasn't been cited yet, the rule in Knowles v. Iowa doesn't prevent the cop from trying to do a search of the passenger compartment. It seems to me that Michigan v. Long would support the position that the cop could do a warrantless search of Jay-Z's trunk, but I am unclear on a search of the locked glove compartment. Thoughts?
Depends. Is he outside of the car at this point? Could be a Gant issue.
He also needs reasonable articulable suspicion and the search area is very limited.
They certainly don't get in the locked areas without PC, at minimum.
Also, this could unlawfully prolong the detention.
Really, these types of searches are extremely frowned upon in a post-Gant world and I doubt it would hold up if he's out of the car and in the back of the car, which he most certainly would be -- as a cop isn't going to leave a guy next to a car he is searching due to a safety issue.
In addition, if he has the level of suspicion to search the vehicle for safety, he's certainly not going to keep the guy in the car (if he did we'd have a very strong argument that he has falsified his PC). Gant has basically eliminated the non-PC, non-consent, non-warrant, non-inventory vehicle search (which means it hasn't eliminated anything.)

quote:

At first I thought that calling in the K-9 squad would raise several issues of improper seizure and probable cause, but it looks like Jay-Z's fact pattern (a traffic stop where the K-9 is called) is covered almost exactly by Illinois v. Caballes (2005). So in a post-Caballes world, Jay-Z would be screwed because he'd have to wait for the K-9 unit to show up and then he'd be caught. (And dog sniffing isn't a Fourth Amendment search, so once the dog is there, he's screwed.)

Is that right?

Final question: Since Caballes came down in 2005, but was decided in Illinois state court in 2003, did Jay-Z crib this fact-pattern from the state court decision? He hadn't passed the bar at that point but, admittedly, he knew a little bit.
Caballes does not allow a detention to be prolong to bring in the dog. The stop in Caballes lasted 10 minutes.

Please note that this involves no research.
Note that the situation that Jay-Z describes is exactly why CHP was required to enter into a consent decree to stop doing consent searches. So there.

nm fucked around with this message at 22:07 on Apr 24, 2011

Lilosh
Jul 13, 2001
I'm Lilosh with an OSHY

entris posted:

Some thoughts about the legendary Jay-Z and some of his lyrics from "99 Problems". It seems to me that Jay-Z is wrong in his analysis but maybe you crimlawgoons can provide better insight.


"99 Problems" was released in 2004, and Terry v. Ohio was decided in 1968, and Maryland v. Wilson (1997) confirmed the principle that cops can order passengers out of the car during a traffic stop. So Jay-Z can't simply say "I'm not getting out of the car", right?


It seems to me that the cop can do a "protective search" of the passenger compartment. Since Jay-Z hasn't been cited yet, the rule in Knowles v. Iowa doesn't prevent the cop from trying to do a search of the passenger compartment. It seems to me that Michigan v. Long would support the position that the cop could do a warrantless search of Jay-Z's trunk, but I am unclear on a search of the locked glove compartment. Thoughts?

My 1L LRW paper was on a VT state search and seizure case.

If Jay-Z were in Vermont, he'd be totally right to refuse to get out of his car, and there would be no right for the cop to do a protective search.

VT is big on "Our Constitution protects rights above and beyond what the 4th amendment does" The big case in this regard is State v Bauder. I don't feel like looking up the citation because gently caress that paper.

Roger_Mudd
Jul 18, 2003

Buglord
Can someone next do a criminal analysis of Boyz-n-the-Hood? I'd like to know specifically how each action of his day violates the laws of your state.

Ainsley McTree
Feb 19, 2004


I'm still trying to figure out how the bad guy in Casino Royale thought he wasn't going to get busted by the SEC for shorting the airplane company thing on account of the blowing up the airplane thing.

It's been a while since I've seen that movie

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Ainsley McTree posted:

I'm still trying to figure out how the bad guy in Casino Royale thought he wasn't going to get busted by the SEC for shorting the airplane company thing on account of the blowing up the airplane thing.

It's been a while since I've seen that movie
Same reason Goldman is paying huge loving bonuses.
The SEC only has teeth if you can't afford "free speech."

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
Here's another fact pattern, discuss

Time and time again I gotta turn back round and tell C-Bone
Grab that cologne out my book bag, I smell 'dro all on you homes
Suppose the po-pos get a whiff of the spliff
That you just smoke, them folks gon trip
Probable cause, call the canine unit to the side of the road lets take a sniff
poo poo, the only thing on me ridin' dirty is GBK cd, Tackleberry
So may we be on our merry way
Cuz you just ain't gon find no yay
Player, I got a tough team of attorneys
Make a judge lean like he sippin syrupy
They play dir-tay, you can't touch me
Verdict be not guilty, search me

http://www.youtube.com/watch?v=_2wsx1onlOE#t=2m42s

Vander
Aug 16, 2004

I am my own hero.
Is the C in S corporation supposed to be capitalized for a law student paper?

IANAL
Apr 18, 2008

FUSC

Vander posted:

Is the C in S corporation supposed to be capitalized for a law student paper?

What does the professor do on the board/outline/(papers he/she/it/bastard has written)?

Do what the professor does.

entris
Oct 22, 2008

by Y Kant Ozma Post

IANAL posted:

What does the professor do on the board/outline/(papers he/she/it/bastard has written)?

Do what the professor does.

I dunno, all the treatises on C and S corporations use "S corporation" and "C corporation".

I would not capitalize the C in corporation following C or S.

sample text from a BNA portfolio:

quote:

S corporations that do not have any accumulated earnings and profits (E&P) from prior C corporation existence are not subject to passive income limitations. 30 However, corporations with accumulated E&P that elect S status are subject to passive income limitations, unless they are able to eliminate their accumulated E&P. S corporations with accumulated E&P need to monitor their passive income for two reasons:

Sulecrist
Apr 5, 2007

Better tear off this bar association logo.

entris posted:

jay-z

this is literally all on rapgenius. which, iirc, was started by a lawyer.

Totally Normal
Mar 29, 2003

WELLNESS!
I previously posted a long time ago about my good friend who was thinking about going to "Chapman School of Law" (http://www.chapman.edu/law/). I showed him the responses in this thread, but he decided to go anyway thinking that he would have no trouble finding a job.

He just landed some internship at the LA County DA's office and pretty much rubbed it in my face (jokingly of course, he's my friend after all). Does this mean he's basically set for a job after law school ends? I personally hope so because that would mean he's all set. Does this also mean the doom and gloom isn't as intense as you guys make it out to be? Or is he just an absolute baller that's head and tails above his class and he's the exception to the rule?

The Warszawa
Jun 6, 2005

Look at me. Look at me.

I am the captain now.

Totally Negro posted:

I previously posted a long time ago about my good friend who was thinking about going to "Chapman School of Law" (http://www.chapman.edu/law/). I showed him the responses in this thread, but he decided to go anyway thinking that he would have no trouble finding a job.

He just landed some internship at the LA County DA's office and pretty much rubbed it in my face (jokingly of course, he's my friend after all). Does this mean he's basically set for a job after law school ends? I personally hope so because that would mean he's all set. Does this also mean the doom and gloom isn't as intense as you guys make it out to be? Or is he just an absolute baller that's head and tails above his class and he's the exception to the rule?

Is he a 1L? If so, lol his job does not matter for poo poo. 1Ls are free labor to whom you don't make employment offers.

zzyzx
Mar 2, 2004

It's most likely an unpaid internship that won't result in an offer. DAs are as broke as ever, but free help is free help.

HiddenReplaced
Apr 21, 2007

Yeah...
it's wanking time.

Totally Negro posted:

He just landed some internship at the LA County DA's office and pretty much rubbed it in my face (jokingly of course, he's my friend after all). Does this mean he's basically set for a job after law school ends?

...hahaha...no.

Sulecrist
Apr 5, 2007

Better tear off this bar association logo.

Totally Negro posted:

I previously posted a long time ago about my good friend who was thinking about going to "Chapman School of Law" (http://www.chapman.edu/law/). I showed him the responses in this thread, but he decided to go anyway thinking that he would have no trouble finding a job.

He just landed some internship at the LA County DA's office and pretty much rubbed it in my face (jokingly of course, he's my friend after all). Does this mean he's basically set for a job after law school ends? I personally hope so because that would mean he's all set. Does this also mean the doom and gloom isn't as intense as you guys make it out to be? Or is he just an absolute baller that's head and tails above his class and he's the exception to the rule?

There are no jobs in Cali.

I got an interview-free offer to SF DA (highest-paying* in the country, but unpaid summer obviously) and another at Alameda county. Alameda ended up canceling their 1L program entirely because they've had to fire so many police that there isn't enough work for their volunteers to do.

As far as I can tell, the only truly choosy DA in the union, at least as far as 1L summer goes, is Manhattan. And nobody gets a job there out of their 1L summer, either.

Edit: *I think this is Marin, actually

Sulecrist fucked around with this message at 00:27 on Apr 26, 2011

Draile
May 6, 2004

forlorn llama
The world is filled with broken-hearted (and unemployed) law students who thought their government internships would lead to jobs.

Totally Normal
Mar 29, 2003

WELLNESS!
Holy poo poo, so I guess he's still got a huge uphill battle to climb. What a bummer...

zzyzx posted:

It's most likely an unpaid internship that won't result in an offer. DAs are as broke as ever, but free help is free help.

Also dude, did you get your name from that road that everybody sees on the way to vegas?

BigHead
Jul 25, 2003
Huh?


Nap Ghost

Sulecrist posted:

There are no jobs in Cali.

I got an interview-free offer to SF DA (highest-paying* in the country, but unpaid summer obviously) and another at Alameda county. Alameda ended up canceling their 1L program entirely because they've had to fire so many police that there isn't enough work for their volunteers to do.

As far as I can tell, the only truly choosy DA in the union, at least as far as 1L summer goes, is Manhattan. And nobody gets a job there out of their 1L summer, either.

Edit: *I think this is Marin, actually

drat I thought Alaska took the cake on paying DAs. How does my wealthy state pay less than your stupid bankrupt state? At least we have jobs :mad:

sigmachiev
Dec 31, 2007

Fighting blood excels

Totally Negro posted:

I previously posted a long time ago about my good friend who was thinking about going to "Chapman School of Law" (http://www.chapman.edu/law/). I showed him the responses in this thread, but he decided to go anyway thinking that he would have no trouble finding a job.

He just landed some internship at the LA County DA's office and pretty much rubbed it in my face (jokingly of course, he's my friend after all). Does this mean he's basically set for a job after law school ends? I personally hope so because that would mean he's all set. Does this also mean the doom and gloom isn't as intense as you guys make it out to be? Or is he just an absolute baller that's head and tails above his class and he's the exception to the rule?

I applied here after my (atrocious) first LSAT and got rejected. I am dead serious when I say I cannot thank them enough for that.

Sulecrist posted:

I got an interview-free offer to SF DA (highest-paying* in the country, but unpaid summer obviously) and another at Alameda county. Alameda ended up canceling their 1L program entirely because they've had to fire so many police that there isn't enough work for their volunteers to do.

Yes lets cut police in Oakland. East Bay is so chus.

Sulecrist
Apr 5, 2007

Better tear off this bar association logo.

BigHead posted:

drat I thought Alaska took the cake on paying DAs. How does my wealthy state pay less than your stupid bankrupt state? At least we have jobs :mad:

I'm actually from Pennsylvania, which lures young men of distinction to the prosecutorial flag with yearly salaries starting at $34k.

BigHead
Jul 25, 2003
Huh?


Nap Ghost

Sulecrist posted:

I'm actually from Pennsylvania, which lures young men of distinction to the prosecutorial flag with yearly salaries starting at $34k.

Thank you for reiterating my belief that Alaska is the best of anything.

10-8
Oct 2, 2003

Level 14 Bureaucrat

Draile posted:

The world is filled with broken-hearted (and unemployed) law students who thought their government internships would lead to jobs.
My agency is pretty bad about this. We divide our law students into two programs: internships and externships. Interns have to be in the top 25% of the class and they get screened by hiring personnel before they become interns. Conversely, we pretty much accept all comers for externships. Our internships are paid and usually get job offers at the end of the summer. Our externships are for course credit and (almost) never result in jobs. The sad thing is, despite there being a very clear pattern of hiring, none of the students or their law schools seem to have caught on to how it works. I've seen great externs walk away unemployed and mediocre interns get job offers.

Its Miller Time
Dec 4, 2004

I have a snug friend who goes to Chapman. Fitting. Didn't know it was that bad. How bad is Hastings in terms of dying alone?

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Sulecrist posted:

There are no jobs in Cali.

I got an interview-free offer to SF DA (highest-paying* in the country, but unpaid summer obviously) and another at Alameda county. Alameda ended up canceling their 1L program entirely because they've had to fire so many police that there isn't enough work for their volunteers to do.

As far as I can tell, the only truly choosy DA in the union, at least as far as 1L summer goes, is Manhattan. And nobody gets a job there out of their 1L summer, either.

Edit: *I think this is Marin, actually
SF is a terrible place to work. No civil service combined with lots of politics.
Santa Clara is the highest paid too (and is civil service), with Alameda close behind (so is SF).
Working for CA DA's office is dumb though. California criminal law is regressive and fairly evil.
I have a CA PD job though :smugdog: It is a loving terrible market and I won't have one after the new fiscal year. You really need 1 year of post bar experience to break into government employed criminal law and that means working for free.

Ainsley McTree
Feb 19, 2004


Draile posted:

The world is filled with broken-hearted (and unemployed) law students who thought their government internships would lead to jobs.

I had 4 of them!

Funny story - today a woman at my job announced she was leaving her job to take her law degree and go start her own business (real estate something or other). Like me, she liked to keep her degree a secret, and also like me, she graduated from Northeastern, though it was 3 years earlier.

I hope this doesn't bring any scrutiny down on me - it does kind of reinforce the whole "lawyers will just up and leave to become lawyers if you hire them" stereotype. I think she worked there for a few years before she left.

But on the plus side there's another job opening for a copywriter! Maybe it's fate. Maybe they'll hire another secret lawyer to fill it.

intensive purposes
Jul 1, 2009
The thing you should understand about your friend's prospects is that government and public interest hiring is worlds away from private firm hiring. A 1L internship generally doesn't mean poo poo for long-term prospects at either, but a 2L internship (summer associateship) at a private firm generally means that's where you'll be working after law school (unless your class gets sucked into an economic black hole of no-offers or if you prove to be a dimwit on the job).

That's just not so with public service employers--you generally have to apply for permanent positions along with everyone else. The connections and experience will help you, but it's nothing like firm hiring. Your friend should be glad he will get some respectable experience if he's interested in prosecuting, but there's really nothing to brag about as a 1L unpaid intern.

intensive purposes fucked around with this message at 06:06 on Apr 26, 2011

srsly
Aug 1, 2003

Totally Negro posted:

Holy poo poo, so I guess he's still got a huge uphill battle to climb. What a bummer...

Here is how it worked in Sacramento:

Lots of people did internships at DA's office throughout their 1L and 2L years.

About 10 of them were lucky enough to land 1 year temp jobs paying ~$20/hour after graduation.

At the end of the year, one of them got hired full time. She will be in fear for her job yearly for the next three years as the budget axe looms. The other 9 or so were offered the option to stay on unpaid.

Los Angeles is the same just on a larger scale.

Zo
Feb 22, 2005

LIKE A FOX
So talks of no overtime for US examiners made me go look it up

quote:

Based on the budget cuts, Director Kappos has announced the following changes for the patent examination corps:

* No overtime;
* Hiring freeze;

* Training limited to "mandatory training";
* PCT search funding is cut severely;
* Detroit satellite office is indefinitely postponed;
* IT infrastructure investments eliminated except for "mission-critical" issues;
* Track One expedited patent examination program indefinitely postponed; and
* Mandatory reductions in expenses including travel, conferences, and other contracts.

The $85-100 million in fees that the USPTO will collect but not be allowed to spend will be passed to the general federal government coffers to be spent on other non-patent projects. These cuts will obviously have a negative impact on patent quality, patent pendency, and examiner morale.

What the gently caress is this poo poo? You poor bastards. Especially since US examiners have such a high burden of proof for all their poo poo, no overtime and hiring freeze is going to slow the prosecution process down to a loving crawl. Like japanese examiners can basically hand wave "claims 1-187 are obvious in view of CR1 and CR2" and that's that, while US goes through every single dependent claim and justify it.

This is going to be a shitshow.

IANAL
Apr 18, 2008

FUSC

mrtoodles posted:

Here is how it worked in Sacramento:

Lots of people did internships at DA's office throughout their 1L and 2L years.

About 10 of them were lucky enough to land 1 year temp jobs paying ~$20/hour after graduation.

At the end of the year, one of them got hired full time. She will be in fear for her job yearly for the next three years as the budget axe looms. The other 9 or so were offered the option to stay on unpaid.

Los Angeles is the same just on a larger scale.

This is the majority of DA/city attorney attorney/PubDef offices across the country. From New Orleans and Chicago in my personal experience, to NY, Boston and a few cities via ex-lawschool friends that are now "contacts." And it's only going to get worse.

IANAL fucked around with this message at 14:44 on Apr 26, 2011

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

Zo posted:

So talks of no overtime for US examiners made me go look it up


What the gently caress is this poo poo? You poor bastards. Especially since US examiners have such a high burden of proof for all their poo poo, no overtime and hiring freeze is going to slow the prosecution process down to a loving crawl. Like japanese examiners can basically hand wave "claims 1-187 are obvious in view of CR1 and CR2" and that's that, while US goes through every single dependent claim and justify it.

This is going to be a shitshow.

The way production works for me is that I have to do an office action every 15 hours that I work. So on my regular 80 hour biweek, I have to average 5.33 actions a biweek over the course of each fiscal quarter. When I worked an additional 40 hours of overtime, I had to do a total of 8 actions a biweek. So overtime isn't like I spend more time on the applications I have. The lack of overtime isn't going to make the job any worse (other than my paycheck getting cut by a third), but it's going to probably keep snowballing our backlog, as we don't have overtime to work on more cases, nor do we have more examiners.

Zo
Feb 22, 2005

LIKE A FOX

Baruch Obamawitz posted:

The way production works for me is that I have to do an office action every 15 hours that I work. So on my regular 80 hour biweek, I have to average 5.33 actions a biweek over the course of each fiscal quarter. When I worked an additional 40 hours of overtime, I had to do a total of 8 actions a biweek. So overtime isn't like I spend more time on the applications I have. The lack of overtime isn't going to make the job any worse (other than my paycheck getting cut by a third), but it's going to probably keep snowballing our backlog, as we don't have overtime to work on more cases, nor do we have more examiners.

Thanks for the insight, I knew it was going to snowball the backlog but I had no idea examiners had to do an OA per x hour. I wonder how many hours other jurisdictions spend on OAs.

Going into patent examining is still a possibility for me - in canada though, lower pay but canadian OAs are always so toothless so seems like it'd be relaxing work, so it's interesting to hear about things from the examining side.

Feces Starship
Nov 11, 2008

in the great green room
goodnight moon

Baruch Obamawitz posted:

The way production works for me is that I have to do an office action every 15 hours that I work. So on my regular 80 hour biweek, I have to average 5.33 actions a biweek over the course of each fiscal quarter. When I worked an additional 40 hours of overtime, I had to do a total of 8 actions a biweek. So overtime isn't like I spend more time on the applications I have. The lack of overtime isn't going to make the job any worse (other than my paycheck getting cut by a third), but it's going to probably keep snowballing our backlog, as we don't have overtime to work on more cases, nor do we have more examiners.

wow, this is megadumb

qwertyman
May 2, 2003

Congress gave me $3.1 trillion, which I already spent on extremely dangerous drugs. We had acid, cocaine, and a whole galaxy of uppers, downers, screamers, laughers, and amyls.
But now Congress is saving moneys! Who cares if our patent process continues to slow to a loving crawl? All I care about is whether government spends less, regardless of the consequences!

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nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

mrtoodles posted:

Here is how it worked in Sacramento:

Lots of people did internships at DA's office throughout their 1L and 2L years.

About 10 of them were lucky enough to land 1 year temp jobs paying ~$20/hour after graduation.

At the end of the year, one of them got hired full time. She will be in fear for her job yearly for the next three years as the budget axe looms.
I believe that budget axe is falling this year.

This whole hosed up system is why I'm looking at civil. I don't think we'll have public defenders (as county employees) 20 years from now outside of many SF county and a few holdouts.

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