Fault Lines
16 November 2017
  • Locks Keep Honest People Honest

    by - Mar 18, 2016
    (Comments: 4)
    Mar. 18, 2016 (Mimesis Law) — Clients rely on attorneys to represent their interests in legal proceedings. Because this is an agency-type relationship, many traditional aspects of agency law apply, such as the power of the...
  • Lies, Damn Lies, and Made Up Criminal Offenses

    by - Mar 15, 2016
    (Comments: 5)
    Mar. 15, 2016 (Mimesis Law) — Lawyers lie because everybody lies. As Judge Kozinski wrote, “Saints may always tell the truth, but for mortals living means lying.” Perhaps it’s sometimes okay for lawyers to lie, but...
  • Attorney Misconduct: Speck Of Sawdust & A Plank In The Eye

    by - Mar 11, 2016
    (Comments: 4)
    Mar. 11, 2016 (Mimesis Law) — In a relatively rare occurrence, the Supreme Court reversed a death penalty conviction and on a Brady claim no less. My co-blogger Greg Pickett discusses both the facts of Michael...
  • Charging Discretion Starts With The Most Serious Offense

    by - Mar 9, 2016
    (Comments: 8)
    Mar. 9, 2016 (Mimesis Law) — The prosecutor’s discretion in charging the case is arguably the most powerful aspect of the office. Despite that fact, there is very little constitutional or legal guidance offered to prosecutors...
  • Black Lives Matter Is Not About Statistics

    by - Mar 4, 2016
    (Comments: 19)
    Mar. 4, 2016 (Mimesis Law) — #BlackLivesMatter is one of the few examples of a Twitter hashtag to escape the gravity of Twitter slacktivism. Though it started after the George Zimmerman acquittal, it really gained prominence...
  • Donald Trump, Free Speech and Libel: Criminalizing Butthurt

    by - Mar 2, 2016
    (Comments: 3)
    Mar. 2, 2016 (Mimesis Law) — Television personality turned Republican Presidential frontrunner Donald Trump has made antagonism towards the press part of his campaign. Disparaging the press is a common part of his stump speeches and...
  • Blame The Notorious RBG Too For Mass Incarceration

    by - Feb 26, 2016
    (Comments: 5)
    Feb. 26, 2016 (Mimesis Law) — Ken Womble recently addressed the issue of the large state prison population: However, these instances are primarily within the federal system, a system very much in need of reform, but...
  • Uncle Sam Can Compel Apple — Whether You Like It Or Not

    by - Feb 24, 2016
    (Comments: 5)
    Feb. 24, 2016 (Mimesis Law) — In response to the claim that Apple ought to help the FBI, many commenters argued that government should not be allowed to compel a private citizen into rendering assistance. In...
  • The People v. Apple: Smartphone Data Must Be Subjected To Lawful Searches

    by - Feb 19, 2016
    (Comments: 14)
    Feb. 19, 2016 (Mimesis Law) — As it turned out, the 30 million people watching Geraldo Rivera open Al Capone’s vault were deeply disappointed; Geraldo found nothing of value or interest inside. But the reason it...
  • Justice Scalia Is Dead; Long Live Politics

    by - Feb 17, 2016
    (Comments: 1)
    Feb. 16, 2016 (Mimesis Law) — Justice Antonin Scalia died over the weekend, resulting in a range of responses. There were, sadly, many who were publicly crass about Scalia’s death. Others took a moment to reflect...
  • Leave Campus Rape Charges to the Professionals

    by - Feb 12, 2016
    (Comments: 2)
    Feb. 12, 2016 (Mimesis Law) — Just when it looked like the rape hysteria was dying down this happened. TL;DR, a blogger with so-called ‘anti-feminist’ views gets accused of being pro-rape in an effort to silence...
  • Local Prosecutors Can Handle Cop Prosecutions Just Fine

    by - Feb 10, 2016
    (Comments: 11)
    Feb. 10, 2016 (Mimesis Law) — The list of community members whom prosecutors can be trusted to prosecute include bankers, teachers, business owners, firefighters, juveniles, and even state representatives. But, so the thinking goes, local prosecutors...
  • Cell Phone Searches Do Not Require More Restrictive Warrants

    by - Feb 5, 2016
    (Comments: 2)
    Feb. 5, 2016 (Mimesis Law) — The Supreme Court’s decision that cell phone searches require a warrant isn’t yet two years old. So, not surprisingly the contours of cell phone search warrants are still an area...
  • Charging a Murderer, Steven Avery

    by - Feb 3, 2016
    (Comments: 5)
    Feb. 3, 2016 (Mimesis Law) — The Netflix docu-drama, “Making a Murderer,” is a cultural phenomenon. And if you’re a lawyer, it’s probably resulted in a landslide of questions from your family and friends. If you haven’t...
  • There’s No Trial Tax; There’s A Plea Discount

    by - Jan 29, 2016
    (Comments: 17)
    Jan. 29, 2016 (Mimesis Law) — The supposed horror of the so-called “trial tax” has become the hot topic (again). The idea is that defendants who insist on a trial end up with higher sentences than...
  • Have Some Sympathy For Anita Alvarez

    by - Jan 27, 2016
    (Comments: 7)
    Jan. 27, 2016 (Mimesis Law) — On October 20, 2014, Laquan McDonald was killed by Chicago police officers. Hey, those sorts of things happen in big cities, right? Sadly, so. But it’s not often that they...