criminal law

“The Strange Case of the Threatening Hypothetical”, Continued: The Verdict Is In!

/ Jack Marshall / 4 Comments

The Victim

Lawrence Connell, the Widener School of Law criminal law professor placed on administrative leave for using the school Dean in a “violent scenario” to illustrate legal principles to his class, has given a revealing and clarifying interview to the National Association of Scholars website.

This section is most relevant to his current plight, and the fairness of complaints leveled against him by some of his students. It’s also about one of my favorite topics in criminal law, attempt law, which has a significant ethical component, as you will see. But the main point of interest is that includes one of the supposedly racist, sexist, threatening hypotheticals he used.

Q: Can you give me an example of a hypothetical you might have used in class, to which the students who complained might have been referring? Can you describe the context in which you would have used it? Continue reading →

The Strange Case of the Threatening Hypothetical

/ Jack Marshall / 5 Comments

Lawrence Connell, a tenured associate professor at Widener University School of Law in Delaware, is fond of using famous or familiar people in the hypotheticals he presents to his criminal law class.  One of his imaginary scenarios involved him as a murderer, and the school’s Dean as his victim. Now he is on administrative leave from the school, as administrators investigate  him for using “violent scenarios” that some students complained violated the school’s discrimination and harassment codes.

Widener University spokesman Dan Hanson, meanwhile, has declined to provide more details on the matter, but insists that Widener is committed to academic freedom.

Right. Continue reading →

Judge Vinson’s Ruling on the Individual Mandate, Rejecting Utilitarianism

/ Jack Marshall / 21 Comments

Judge Roger Vinson of Florida’s Northern District Court has struck down the much-debated individual mandate in the new health care reform law, and more striking yet, has ruled that the entire law fails to meet constitutional requirements as a result. Lawyers more skilled than I will be analyzing the opinion today and long afterward, but the opinion is also notable for its ethical approach. Continue reading →

Note to Lawyers: Celebrities Have Confidences Too

/ Jack Marshall / 2 Comments

Eric Turkewitz, on his New York Personal Injury Law blog, properly and pointedly flags an outrageous instance of a lawyer running to the press with information the professional ethics rules governing lawyers say that he must keep  confidential absent permission to reveal them.

Stuart Goldberg, a Chicago criminal lawyer, was consulted by former child actress-turned-celebrity-bad-girl-turned-prisoner Lindsay Lohan as she sought new counsel to help her with her long-running legal woes. Lohan decided to pay her legal bills to someone else, and it was the first smart move Lindsay has made in a long, long time. Goldberg demonstrated his trustworthiness by dashing over to People Magazine and blabbing about his impressions of Lohan during their meeting as well as the content of their discussion. Continue reading →

Slap-happy Justice in West Virginia

/ Jack Marshall / Leave a comment

I confess: I love this story.

The Charlestown Gazette reports that Assistant Kanawha County prosecutor Stewart Altmeyer has been suspended for one month without pay for suggesting a plea deal that permitted the victim of petit larceny to slap the defendant in exchange for dropping the complaint against Dallas Jarrett, who had allegedly taken a few Oxycontin pills from Deborah McGraw’s medicine cabinet while performing some household repairs for her.

Altmeyer says that he relayed McGraw’s offer half-seriously, and was taken aback when the one-slap deal was accepted by Jarrett and his attorney. He shouldn’t have been surprised: Jarrett was facing up to a year in prison. I’d take Deborah’s slap. Heck, I’d take a Mike Tyson slap. Wouldn’t you? Continue reading →