Maple Agriculture Protection and Law Enforcement

Not enough federal crimes for you? Check out the MAPLE Act which makes it a felony to sell fake maple syrup. Apparently, having a federal misdemeanor for this offense wasn't enough. From the LA Times:

"Vermont iconic maple syrup -- painstakingly produced, and prized across the nation and beyond -- is one of our state's fine, high-quality, natural products," Democratic Sen. Patrick Leahy said in introducing the legislation. A growing number of people are claiming to sell genuine Vermont maple syrup when "they are in fact selling an inferior product that is not maple syrup at all,'' he said, adding that the misrepresentation undermines a key part of Vermont's economy.

"We are very proud of the high-quality maple syrup produced in Vermont," independent Sen. Bernie Sanders said in a news release. "Some of us think it's the best in the world. We think it is terribly wrong for people to produce a phony product and call it Vermont maple syrup."Leahy, who as chairman of the Senate Judiciary Committee is well positioned to advance the legislation, introduced it in the wake of a recent U.S. Food and Drug Administration investigation that found a Rhode Island man had been selling cane sugar-based syrup as maple syrup.

Under existing law, fraudulently representing something as maple syrup is a misdemeanor punishable by up to a year behind bars.

"Too often, those who are willing to endanger our livelihoods in pursuit of their profits see fines as just a cost of doing business," Leahy said in the statement. "We need to make sure that those who intentionally deceive consumers get a trip to jail, not a slap on the wrist."

Some quick hits for Monday afternoon

1. Justice Stevens has written this interesting review of William J. Stuntz's intriguing book, The Collapse of American Criminal Justice. It starts out this way:

William Stuntz was the popular and well-respected Henry J. Friendly Professor of Law at Harvard University. He finished his manuscript of The Collapse of American Criminal Justice shortly before his untimely death earlier this year. The book is eminently readable and merits careful attention because it accurately describes the twin problems that pervade American criminal justice today—its overall severity and its disparate treatment of African-Americans.

2. Magistrate Judge Seltzer is skeptical of this skeptic (via Sun-Sentinel):

Pena, 49, and Randi, 83, have remained high-profile figures in the world of skepticism for decades, and Randi is famous around the world for debunking people who profess to have paranormal powers. He runs the James Randi Educational Foundation dedicated to skepticism.The deal to get Pena — whose full name is Deyvi Orangel Pena Arteaga — out on bond was worked out at the last minute Thursday night by Assistant U.S. Attorney Bertha Mitrani and Pena's defense attorney, Susan Dmitrovsky.U.S. Magistrate Barry Seltzer asked the attorneys if there was any paperwork — a passport or travel visas — to show Pena was who he said he was."Do we have anything to confirm this his true identity?" the judge asked. "I can't release a defendant unless I have some idea who he is."Mitrani said she and the federal agents working on the case had not had time to check for immigration records, but that she was comfortable Pena was his actual identity and that he would not try to flee the country if released on bond."We are going to verify and vet the information he gave us," Mitrani told the judge.

3. The NY Times has this piece on Justice Thomas. From the intro:

Justice Clarence Thomas was sworn in to the Supreme Court 20 years ago today. After two decades on the bench, he remains a legal outlier even on the conservative court. The results he reaches are often radical, and where his ideas come from even more so.

He favors cutting back the authority of the federal government and letting states “decide for themselves how to safeguard the health and welfare of their citizens.”

He believes that “the Constitution left religion to the states” and that the First Amendment’s prohibition against Congress’s enacting laws on the establishment of religion “was intended to protect” the right of states to do as they please.

He wants to roll back what most Americans consider racial progress because the “Constitution abhors classifications based on race” and even when the government uses them to solve problems and confer benefits, “it demeans us all.”

Extreme as those views are, the most extreme part of Justice Thomas’s record is not what he decides, but how. Justice Antonin Scalia told a biographer of Justice Thomas, Ken Foskett, that Justice Thomas “doesn’t believe in stare decisis, period.”

Federal Bar Gala

It was a nice evening last night at the Biltmore. Brett Barfield was sworn in for a second term, and Bernie Pastor is President-Elect. Judges Williams and Scola were toasted. And Judge Hoeveler received the Ned Davis Award, which was presented in a moving speech by Judge Gold. It was a huge turnout, and Brett has really done a fantastic job with the organization. It's an exciting time in the District...

Congrats to Bob Scola!

He was confirmed today as our newest federal judge. Well done!

Eddie Dominguez leaving DBR

He's done amazing things with that paper, and it's too bad he is leaving. While most newspaper readership is declining, the DBR has been flourishing under Eddie's leadership. He's made the paper relevant and interesting, and he's been able to keep good, talented reporters. Not easy in this environment.

He's headed to City National Bank as Senior VP in charge of Communications, Marketing, and Community Relations, and I wish him well. Now he can take me, and his other sources, out to lunch...

His going away party is this Friday at Bin 18 if you want to see him off.