Monday, June 05, 2006

Jack Bauer or real life?

When I watch 24 every week, I never thought that the torture scenarios that confront Jack Bauer on a weekly basis come up all that often in real life. Apparently, I was wrong. Here's an AP article about Jose Padilla's latest motion to exclude evidence on the basis that it were acquired by use of torture:

Jose Padilla's lawyers want a federal judge to throw out key evidence because the alleged al-Qaida operative's arrest was based on statements from one source who claims he was tortured and another who was heavily medicated and possibly unreliable. The evidence should not be allowed at Padilla's trial set for this fall based on an FBI affidavit "that distorted the facts in an apparent disregard for the truth," Padilla attorneys [Andrew Patel, Michael Caruso, Tony Natale, and Orlando do Campo] said in a court filing.

Kinda scary, no? And I don't think I'm against torture in all cases. I take the view of one of my law school professors, Alan Dershowitz, that we should debate the issue about when torture can be used and who should be accountable when it is. Certainly, a judge should have to approve it where practicable; the standard for employing it would have to be very high; whatever evidence is obtained by use of the torture should not be admissible in court; and it should only be used in life or death situations where absent torture people would die. Even in these *very* limited circumstances, I'm still extremely queasy about it, but it strikes me that there may be a case of mass terrorism where a large number of people would die absent torturing one of the involved terrorists. Suppose a suspect knew the location of a bomb that was to go off in a matter of hours that would kill thousands of people. If that person absolutely refused to disclose where that bomb was, would anyone chose letting the bomb go off over trying to extract the information from the captured terrorist? But Padilla's case is the other end of the spectrum. With Padilla, the feds were trying to build a case against someone who was already in custody. I can't imagine torture in those circumstances could be justified, and certainly such evidence -- if truly acquired by use of torture -- should not be admissible in a court of law.

Friday, June 02, 2006

Pledge Requirement Unconstitutional

Judge Kenneth Ryskamp found a state law requiring students to recite the pledge unconstitutional. Here's the Palm Beach Post article by Rani Gupta:

A federal judge has declared a state law requiring students to stand for the Pledge of Allegiance unconstitutional, stating it violated the rights of a Palm Beach County student who sued the state last year. U.S. District Judge Kenneth L. Ryskamp also ruled unconstitutional the provision of the 1942 Florida law requiring students to obtain permission from their parents to be excused from reciting the pledge. The American Civil Liberties Union cheered Ryskamp's decision as a landmark ruling that upholds all Florida students' free speech rights. "The highest tradition of being an American is freedom of thought and freedom of speech," ACLU attorney James Green said Thursday. "Freedom of speech includes the right to speak and the right not to speak, and not to be forced to speak in a certain way." But conservative legislators decried the decision, which they said was an assault by "liberal" and "activist" judges on the beliefs of the majority. State Sen. Mike Fasano, R-New Port Richey, called the decision "ludicrous." Fasano this year spearheaded an unsuccessful attempt to ask Florida voters to decide whether the state constitution should require students to stand and recite the pledge. Students would have needed a parent's permission to be excused. "What a federal judge has done is taken away patriotism from our schools," Fasano said.

Ryskamp was appointed by President Reagan.

Thursday, June 01, 2006

Sentencing seminar

The Fifteenth Annual National Seminar on the Federal Sentencing Guidelines, co-sponsored by the US Sentencing Commission and the Federal Bar Association, begins today. All the particulars of this exciting event are set out in this event brochure. I would have gone, but instead I'm visiting the in-laws in NJ...

News and notes

Jessica Walker of the DBR had two interesting stories yesterday:

1. Holland & Knight raised 1st year associate salaries to $120,000: "In a change of plan, Holland & Knight is bumping salaries for first-year associates in Miami, Fort Lauderdale and West Palm Beach from $105,000 to $120,000. That will include a $5,000 signing bonus. Holland’s move raises the ante for other major South Florida corporate law firms, which are paying $115,000 at most for entry-level associates. Only White & Case in Miami is known to be paying first-years $120,000. Holland’s announcement Tuesday was unexpected, because major salary increases typically are announced around the start of a law firm’s fiscal year. Holland’s fiscal year begins on Jan. 1."

2. "In a dramatic reversal, U.S. District Judge Cecilia Altonaga in Miami overturned a $78 million jury verdict against Arriva Pharmaceuticals and dismissed the case. In a post-trial judgment issued Friday, Judge Altonaga ruled in favor of the Alameda, Calif.-based pharmaceutical company. A Miami jury had awarded Clearwater-based AlphaMedPharma- ceuticals $48 million in compensatory damages in December, and $30 million in punitive damages in January. It was one of the largest patent infringement cases in U.S. history. . . . Arriva, represented by Akerman Senterfitt shareholder Jonathan Goodman, filed a post-trial motion arguing that the verdict should be vacated because the likelihood that AlphaMed actually held a patent to a drug that would be successful was very slim, making the damages awarded unreasonable. "

3. Also here's a story by the Herald's Oscar Corral about the appeal of the detention hearing of alleged Cuban agent Elsa Alvarez before Judge Moore: "The detention of accused Cuban agent Elsa Alvarez was discussed in federal court Wednesday, about five months after she was jailed for allegedly sending information to the Cuban government. Alvarez, a counselor at Florida International University, and her husband, FIU psychology Professor Carlos Alvarez, were arrested in January. The couple is accused of being unregistered agents for Cuba. Jane Moscowitz, a lawyer for Elsa Alvarez, said that a federal judge would decide in the next couple of weeks if Alvarez will be released on bond. Moscowitz said that the court gave a strong indication that it was leaning toward granting Alvarez a bond, subject to certain conditions as she awaits trial. The court did not indicate the amount of the bond, Moscowitz said. ''Elsa and her family are looking forward to being reunited,'' Moscowitz said."

News and notes

Jessica Walker of the DBR had two interesting stories yesterday:

1. Holland & Knight raised 1st year associate salaries to $120,000: "In a change of plan, Holland & Knight is bumping salaries for first-year associates in Miami, Fort Lauderdale and West Palm Beach from $105,000 to $120,000. That will include a $5,000 signing bonus. Holland’s move raises the ante for other major South Florida corporate law firms, which are paying $115,000 at most for entry-level associates. Only White & Case in Miami is known to be paying first-years $120,000. Holland’s announcement Tuesday was unexpected, because major salary increases typically are announced around the start of a law firm’s fiscal year. Holland’s fiscal year begins on Jan. 1."

2. "In a dramatic reversal, U.S. District Judge Cecilia Altonaga in Miami overturned a $78 million jury verdict against Arriva Pharmaceuticals and dismissed the case. In a post-trial judgment issued Friday, Judge Altonaga ruled in favor of the Alameda, Calif.-based pharmaceutical company. A Miami jury had awarded Clearwater-based AlphaMedPharma- ceuticals $48 million in compensatory damages in December, and $30 million in punitive damages in January. It was one of the largest patent infringement cases in U.S. history. . . . Arriva, represented by Akerman Senterfitt shareholder Jonathan Goodman, filed a post-trial motion arguing that the verdict should be vacated because the likelihood that AlphaMed actually held a patent to a drug that would be successful was very slim, making the damages awarded unreasonable. "

3. Also here's a story by the Herald's Oscar Corral about the appeal of the detention hearing of alleged Cuban agent Elsa Alvarez before Judge Moore: "The detention of accused Cuban agent Elsa Alvarez was discussed in federal court Wednesday, about five months after she was jailed for allegedly sending information to the Cuban government. Alvarez, a counselor at Florida International University, and her husband, FIU psychology Professor Carlos Alvarez, were arrested in January. The couple is accused of being unregistered agents for Cuba. Jane Moscowitz, a lawyer for Elsa Alvarez, said that a federal judge would decide in the next couple of weeks if Alvarez will be released on bond. Moscowitz said that the court gave a strong indication that it was leaning toward granting Alvarez a bond, subject to certain conditions as she awaits trial. The court did not indicate the amount of the bond, Moscowitz said. ''Elsa and her family are looking forward to being reunited,'' Moscowitz said."