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Supremely Improbable
FEATURED
July 30, 2024
Supremely Improbable
By: James Trusty
President Biden’s pronounced objectives for Supreme Court “reform” are improbable, politically lifeless under a particularly lame duck presidency, and motivated by transparently November-driven calculations. But even if the proposed changes are doomed from the start, they push public discourse on a couple of issues that are red meat for the democrats. The stated reforms are superficially simple ones: 1) to “clarify” that “there is no immunity for crimes a former president committed while in office,” 2) to limit SCOTUS appointments to 18-year terms, and 3) to create a mandatory/enforceable ethics code on the high court. Some context for this agenda is in order. The “clarification” push flows directly, albeit inaccurately, from the recent immunity decision in Trump v. United States….
Presidential Immunity Ruling Stirs Sound and Fury
July 5, 2024
Presidential Immunity Ruling Stirs Sound and Fury
By: James Trusty
The immediate and eventual impact of the Supreme Court’s immunity decision in Trump v. United States is both considerable and dramatically misrepresented. The initial consequences include likely delay to the January 6 prosecution out of D.C. and the setting of hearings—in D.C., Georgia and south Florida—where the judges will be required to make factual findings as to whether the evidence supporting the indictments reflect “official…
The Challenging Terrain of White-Collar Sentencing
June 3, 2024
The Challenging Terrain of White-Collar Sentencing
By: James Trusty
Federal judges are required to balance a number of factors whenever imposing sentence, including specifically enumerated areas that largely stem from the broader philosophical categories of General Deterrence, Specific Deterrence, Retribution/Punishment, Restitution and Victim Impact, and Rehabilitation. In determining the presumptively reasonable range of potential sentences, federal practitioners consult their always-handy U.S. Sentencing Guidelines, which create a sentencing range grid based upon the offense characteristics…
Federal Government Blocks International Online Gamblers, Cheyenne and Arapaho Tribes Sue
January 3, 2014
Federal Government Blocks International Online Gamblers, Cheyenne and Arapaho Tribes Sue
By: Ifrah Law
The Cheyenne and Arapaho Tribes have filed suit against Secretary of the Interior Sally Jewell after the Department Interior blocked their effort to offer real-money online gaming to international customers. The Tribes were prepared to launch Pokertribes.com after coming to a revenue-sharing agreement with the state of Oklahoma. Pursuant to the terms of the agreement, the Cheyenne and Arapaho Tribes were permitted to offer their…
The Bitcoin Bubble Hasn’t Burst Yet, But The First Signs Of Trouble Are Brewing
December 18, 2013
The Bitcoin Bubble Hasn’t Burst Yet, But The First Signs Of Trouble Are Brewing
By: Ifrah Law
By: Karl Smith and Casselle Smith The value of Bitcoin, the hottest and most widely traded virtual currency, plunged a little over a week ago, after China’s central bank issued a statement that the government is banning financial institutions from trading in the virtual currency.The price of a single Bitcoinfell from roughly $1200 on December 5th to less than $600, early morning December 8th. Thereafter…
Taking Advantage of a Video Poker Glitch Can Land you in Jail in Nevada
December 11, 2013
Taking Advantage of a Video Poker Glitch Can Land you in Jail in Nevada
By: Ifrah Law
Last month, federal prosecutors in Nevada filed a motion to dismiss an indictment that shined a bright light on overly broad federal criminal statutes and the abuse of prosecutorial discretion in using them. John Kane and Andre Nestor were each charged in an indictment in January 2011 with one count of conspiracy to commit wire fraud and one count of computer fraud in violation of…
Court Dismisses Loss Recovery Case, in Big Win For Fantasy Sports Industry
October 9, 2013
Court Dismisses Loss Recovery Case, in Big Win For Fantasy Sports Industry
By: Ifrah Law
Today, in a closely watched case in Illinois, a federal court dismissed a lawsuit brought under the Illinois Loss Recovery Act (ILRA) against daily fantasy sports site FanDuel, Inc. and daily fantasy sports player Patrick Kaiser, finding that the plaintiff lacked subject matter jurisdiction to bring the suit. This is one of several lawsuits that have been brought in Illinois courts against daily fantasy sports…
Appeals Court: Forced Rectal Search of Suspect Violates Fourth Amendment Law
October 8, 2013
Appeals Court: Forced Rectal Search of Suspect Violates Fourth Amendment Law
By: Ifrah Law
In a recent opinion, the US Court of Appeals for the 6th Circuit addressed whether it was constitutionally reasonable for police to use a doctor – in this case, a doctor “who is known to conduct unconsented intrusive procedures when suspects are presented by the police” – to forcibly recover drugs from a man’s rectum. Judge Julia Smith Gibbons’ dissent notwithstanding, the 6th Circuit found…
