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There’s something uniquely appealing about statistics. Maybe it’s because analyzing numbers and making correlation and causation arguments is conceptually similar to analyzing legal issues (gather evidence, make predictions with set levels of certainty, such as by a preponderance). Lawyers are analytical. Statistics are a useful tool to satisfy that tendency. It’s a law geeks paradise, and from that data, one might be able to make some predictions: Perhaps the most interesting of the stat pack’s observations is that in December, there were nine oral arguments, and presumably, nine majority opinions....

It’s little surprise that Utah has some strange sex laws. After all, this is the state that claimed porn is a public health hazard and previously outlawed “acting sexy.” So it was actually more surprising to learn that Utah repealed its ban on sex out of wedlock, rather than learning it prohibited “fornication” in the first place. So, congratulations, single Utahans! Just make sure you don’t act too sexy before getting down....

The outcome of this year’s presidential election may take a longer time to determine than usual, partly because of the increase in voters utilizing mail-in ballots in light of the COVID-19 pandemic. Those expanded absentee voting options have sparked a rash of lawsuits, many of which are still unanswered. Here are some of the latest updates on these cases surrounding early voting. Expedited Voting For months, people voting by mail have been cautioned to send their ballots at least 10 days before the election to ensure they arrived in time....

The Supreme Court ruled last week in U.S. v. Home Concrete & Supply that three years was plenty of time for the Internal Revenue Service (IRS) to determine whether a taxpayer has overstated the basis in property that he has sold, and understated the gain received from the sale. The case stemmed from an investigation in the Son of Boss tax shelters, which created paper losses to offset real gains. (“Boss” is an acronym for “bond and option sales strategies....

It’s not unusual for a lawyer to switch allegiances – government prosecutors often turn into private defense attorneys as a career path. However, it is unusual for the federal government’s top lawyers to change position in the middle of a case. In Husted v. A. Philip Randolph Institute, the Department of Justice has reversed itself in a voting law case that is before the U.S. Supreme Court. There is a changing of the guard at the Justice Department since President Trump took office, but the voting case comes at an awkward time for the administration and the U....

The Transportation Security Administration says it is on pace to set a record this year for the number of guns intercepted at airport checkpoints. In one sense, that is not big news. According to TSA, the number of guns discovered in carry-on bags has increased steadily since at least 2009, except for 2020, when the coronavirus pandemic restricted flying. TSA statistics show 976 firearms were discovered in 2009 and 5,972 last year....

Defendant’s sentence to 70 months’ imprisonment for conspiring to possess with intent to distribute illegal drugs is affirmed where: 1) the district court did not commit any significant procedural error in imposing defendant’s sentence and the sentence was procedurally reasonable; and 2) considering the totality of the circumstances, including the Guidelines, the section 3553(a) factors, the nature of the offense, defendant’s family situation, his immigration status, his lack of criminal history, and defendant’s asserted attempt to cooperate with the government, the 70 month sentence is substantively reasonable....

Earlier this year, Utah became one of the many states to allow political party candidates for office to be selected by way of a “direct primary” system. This system is already in existence in many states, but it’s a change for Utah, which left up to the parties the method by which it chose nominees. Typically, Utah used neighborhood caucuses to find candidates. The winners of caucuses would then be nominated (or not) at the party’s statewide convention....

Even when criminal defendants are guilty as sin, defense attorneys advise them to plead not guilty. Everybody knows that, and that’s why laypeople hate lawyers. Well, it’s one of the reasons people hate lawyers; we don’t have time to go into all the reasons. We’re going to look at just one issue from the public’s perspective - how attorneys say one thing even when everybody knows (or thinks they know) the truth....

(Note: This blog was updated November 6, 2019). If you’re scrambling to finish up your continuing legal education credits or just want to make sure you’re on top of the latest legal developments, here’s one thing to keep in mind: you don’t have to shell out a lot of cash, or trudge over to a conference center, in order to get CLE credits. In fact, there are several high-quality CLE programs out there which will help you continue your legal education without having to leave your office – or your couch....

Larry Davis was terminated from his position as Senior Humane Officer (SHO) for Anderson, Indiana after refusing to support Kris Ockomon’s successful mayoral campaign. Sounds shady, right? According to the Seventh Circuit Court of Appeals, it may be shady, but it is still legal. Last week, the appellate court affirmed a district court decision that Davis could be dismissed for political reasons because he held a policymaking position. Before we expend too much effort sympathizing with Davis, there are three things we have to keep in mind....

It’s been a bad couple of weeks for two American pipelines. Federal judges shut down part of the Atlantic Coast Pipeline, and another judge stalled the Keystone XL Pipeline. The pipelines are not connected, but the court decisions have a common thread. As all the judges said, everybody needs to slow down so we don’t harm the environment. Keystone XL Pipeline Judge Brian Morris pushed back construction on an $8 million project to build the Keystone XL by ordering an environmental review....

A federal court in California yesterday sided with Apple, and not employees, dismissing a class-action lawsuit by workers seeking compensation for unpaid time spent in bag searches. The judge considered the searches unrelated to work, Tech Times reported. The lawsuit was filed by five Apple employees who represented more than 12,000 workers in 52 retail store locations in California. They claimed that Apple’s searches took five to ten minutes every day and that, over a year, this amounted to $1,500 in unpaid wages per employee....

Standing in an airport customs line years ago, we met a bodyguard who was considering law school. We gave him our copy of Scott Turow’s 1L, and said, “Read it. If you accept everything in this book as true, and you still want to go to law school, then go.” Now it might be best to refer prospective law students to David Kazzie’s “So You Want to Go to Law School” video, in which an aspiring law student tells an attorney that she loves the Constitution....

If you’re the guard on duty during a prison break, you should probably assume that you will be investigated. The Seventh Circuit ruled this week that such investigations are objectively reasonable. Darin Gater, a correctional officer, confessed to allowing six inmates to escape, and suggested that fellow officers Marvin Bailey and RIchard Davis had reputations as “officers that inmates could ‘work with.’” Gater was convicted and sentenced for his role in the jailbreak....

In June 2017, the Eighth Circuit Court of Appeals upheld the $11 million judgment against Toyota stemming from an unintended acceleration case that left three people dead, and put the driver behind bars for over two years. Toyota requested reconsideration of the matter, and a month later, in August 2017, the Eighth Circuit upheld the judgment against them once again. The big issue that Toyota sought reconsideration on, apart from the size of the judgment, involved the evidence of “other similar incidents....

A U.S. district court in Chicago recently denied a warrant that would have allowed the government to compel any individual at the searched location to unlock his iPhone, iPad, or other Apple electronic device that was protected Touch ID. The warrant application raises serious Fourth and Fifth Amendment concerns, the court explained, and fails to establish sufficient probable cause for the request that “is neither limited to a particular person nor a particular device....

The Seventh Circuit Court of Appeals ruled this week that a police officer who built a shaken-baby death case against a daycare provider to deflect suspicion from the baby’s mother was not entitled to qualified immunity. In the opinion, the appellate court reinstated false arrest and malicious prosecution claims against Hanover Park Police Officer Todd Carlson. Rick Aleman provided daycare in his home. Aleman tried to perform CPR on Joshua Schrik, an 11-month-old child, after he collapsed on his third day at daycare....

Larry Flint became famous for pornography and later for litigation. The long-time publisher came out from the shadows of Hustler magazine in People v. Flynt, which played out in a movie by the same name. “You may not like what he does, but are you prepared to give up his right to do it?” the tagline says. Nearly 50 years later, Flynt is still doing it. This time he is litigating for access to records of state-sponsored executions in Flynt v....

Justice Stephen Breyer can’t catch a break. Thursday, The Washington Post’s Reliable Source column reported that Justice Breyer was robbed earlier this month. A housekeeper discovered the break-in May 4. No one was home at the time of the burglary, according to Supreme Court spokeswoman Kathleen Arberg. If this feels like déjà vu, it’s because Justice Breyer was also robbed in February at his home on the West Indies island of Nevis....