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The Internet System For Tracking Over-Prescribing (I-STOP) Act

By   /  April 15, 2013  /  Criminal Law, Online Exclusive 

Prescription Drugs

On June 11, 2012, the New York State Legislature unanimously passed the Internet System for Tracking Over-Prescribing (I-STOP) Act. I-STOP will create an online “real-time” system for practitioners and pharmacists to report and track controlled substances.

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Cyberstalking: A New Phenomenon

By   /  April 15, 2013  /  Criminal Law, Online Exclusive 

Computer Criminal

Shawn Sayer began an intimate relationship with a woman while living in Maine. After their relationship ended in January 2006, Sayer began to stalk and harass his former girlfriend. Subsequently, the Maine Superior Court convicted Sayer for stalking the victim, and she obtained an order of protection against him in February 2008.

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People v. Kent: Controversial Court of Appeals Decision Creates Loophole in Child Pornography Laws

By   /  April 15, 2013  /  Criminal Law, Online Exclusive 

Computer

On May 8, 2012, the New York Court of Appeals handed down a supremely controversial decision concerning the ability to prosecute for the possession of child pornography. In People v. Kent, the State’s high court effectively created a dangerous loophole in the penal law for those who pursue child pornography on the Internet.

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Poker: A Game of Skill or a Game of Chance?

By   /  April 15, 2013  /  Criminal Law, Online Exclusive 

Poker

On August 21, 2012, in the United States District Court for the Eastern District of New York, Judge Jack Weinstein ruled that poker is a game of skill that is not covered under the federal Illegal Gambling Business Act (“IGBA”). Issuing a 120-page decision, Judge Weinstein reversed the jury conviction of Lawrence Dicritina (“Defendant”), finding that Congress did not clearly intend to criminalize poker when it passed the IGBA.

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The Military Trial at Rennes

By   /  February 18, 2013  /  Criminal Law, Criminal Procedure, Featured 

Rennes, France (Map)

The Dreyfus affair, known throughout France simply as “the affair” (“l’affaire”), caused the downfall of multiple Ministers of War, of an administration, and led France to the brink of civil war, as well as to a failed coup d’état. The military trial at Rennes, namely Dreyfus’s second military trial, which will be the central focus of this essay, was a culminating point of l’affaire.

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Errol Morris, “A Wilderness of Error”: Provocative but Unpersuasive

By   /  January 6, 2013  /  Criminal Law, Featured 

Fort Bragg, NC Courtroom Facility

In undertaking to review Errol Morris’s collection of anecdotes in “A Wilderness of Error,” I recognize a special obligation to be fair and objective. I was interviewed by Morris for the book because I had represented Alfred and Mildred Kassab, the parents of Collette MacDonald and the grandparents of Kimberly and Kristen MacDonald [...]

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Roving Border Patrols in New York – Sometimes the Drug Smuggler Does Not Get Convicted

By   /  June 1, 2012  /  4th Amendment, Constitutional Law, Criminal Law, Criminal Procedure 

Border Patrol

This case note examines the federal and state limitations of roving border patrols performing traffic stops based upon reasonable suspicion and subsequent automobile searches based upon voluntary consent. The defendant in this action requested a suppression hearing regarding a search and seizure of marijuana discovered in his motor vehicle during a roving patrol traffic stop by the Border Patrol in upstate New York.

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New Paths for the Court: Protections Afforded Juveniles under Miranda; Effective Assistance of Counsel; and Habeas Corpus Decisions of the Supreme Court’s 2010/2011 Term

By   /  June 1, 2012  /  Constitutional Law, Criminal Law, Criminal Procedure 

Books with Gavel

During the 2010/2011 Term, the Supreme Court continued to engage in two of the trends that have been established over the past couple of decades: first, that the Court treats juveniles differently than adults, and, second, that the Court seeks to limit federal review of state convictions, especially in cases involving claims of ineffective assistance of counsel and habeas corpus. In the cases of this Term, the Court reemphasized its previous holdings and sought to expound upon them to provide clearer guidance to the federal judiciary to utilize in its review of state court decisions relating to the validity of a criminal conviction.

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New York’s Law Allowing Trafficked Persons to Bring Motions to Vacate Prostitution Convictions

By   /  June 1, 2012  /  Criminal Law, Criminal Procedure 

NY State Capitol

On August 13, 2010, former Governor David Paterson signed a bill, which amended New York State Criminal Procedure Law section 440.10, permitting victims of commercial sex trafficking to wipe their records clean of prostitution-related crimes by vacating their convictions. This vacating prostitution convictions law is the first of its kind in the nation.

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Smoking Gun: The Moral and Legal Struggle for Medical Marijuana

By   /  June 1, 2011  /  Criminal Law 

Medical Marijuana Stamp

This Comment will discuss the concept of patient autonomy and its legal corollary, the doctrine of informed consent, as it applies in the physician-patient relationship. By exploring the philosophy of Immanuel Kant and John Stuart Mill, Part I will discuss how the denial of access to medical marijuana infringes upon a patient’s ability to practice his or her autonomy and pursue adequate healthcare decisions and treatment.

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