THE TOL LAW BLOG

Who gets Julian Assange? The (in)famous Wikileaks founder was arrested on April 11 at the Ecuadorian embassy in London.  But with charges still pending in the UK (skipping bail), the possibility of a sexual assault case in Sweden, and a felony charge in the US for “conspiracy to commit computer intrusion” (helping Chelsea Manning take and release classified military docs), who will end up with custody of the famous white-haired hacker?  While many experts see the U.S. as the favorite for custody, Sweden is also a contender; Assange’s alleged rape victim is pushing Swedish prosecutors to reopen her case.  Another mystery yet unsolved – why after 7 years of asylum (plus Ecuado...

A Texas state senator, backed by the founder of the popular dating app Bumble, is pushing to criminalize unsolicited nude or indecent photos in Texas. The law would apply to images sent over text, social media, and dating apps.   Bumble founder, Whitney Herd, argued before the Texas House Criminal Jurisprudence Committee, "If indecent exposure is a crime on the streets, then why is it not on your phone or computer?” The bill, drafted by State Rep. Morgan Meyer (R-Dallas) and co-authored by Rep Nicole Collier (D-Fort Worth), would criminalize sending photos of: "(A) a person engaging in sexual conduct or with the person's intimate parts exposed; or (B) covered genitals of a ma...

In an example of the broad powers of prosecutorial discredition, Chicago prosecutors dropped all 16 felony charges against Jussie Smollett. The actor had been previously accused of staging a fake hate crime against himself and then lying to police about it.  Without reversing on the allegations from Chicago PD, the DA’s office dropped the charges after Smollett agreed to forfeit his $10,000 bond and perform community service. According to DA Kim Foxx, the crimes may not have been serious enough to merit pursuing further, given that Smollett wasn't likely to face jail time. Kim Foxx said, “This is a Class 4 felony — We recognize that the likelihood that someone would get a pri...

Federal prosecutors have brought charges against dozens in a high profile admissions fraud case involving purchasing access to the nation’s top universities.  Parents, school coaches, and facilitators who profited from the fraud scheme face charges.  Notable parents include famous lawyers, celebrities (e.g. Aunt Becky from Full House 📸), and prominent CEOs.  The charges against the parents are particularly interesting; they're brought mostly under the broad federal mail fraud laws that ban fraudulent or illegal activities through the US mail systems or carriers and wire fraud, a similar crime that makes use of telecommunications or information technology. For the DOJ's press ...

Celebrating the women of SCOTUS on International Women's Day!

Actor Jussie Smollett stands accused of faking an elaborate hate crime against himself: a choreographed, self-inflicted beating staged with two Nigerian brothers, pre-canned racial slurs, and an actual noose. So what are some of the criminal charges Smollett could face? UPDATE: He was charged with an additional 16 felonies for lying to police on different occasions.  See: https://www.cnn.com/2019/03/08/entertainment/jussie-smollett-indictment/index.html

► TOL Foreign Law Update A woman is pregnant, and the father is one of two identical twins.  But what happens if each twin claims he is not the father? Well, according to a court in Brazil, both will pay. The twins, referred to by the court as Fernando and Fabrício, are alleged to regularly impersonate one another while pursuing women.  The judge, left unable to identify the father, imposed child support on both men.     Additional Resources For an in depth conversation on bioethics, including the ownership of sperm and contested paternity, watch this interview with Harvard Law Prof. Glenn Cohen.  Click here. For the legal decision (in Portuguese), click here.  ...

The European Parliament approves a new law banning single-use plastics by 2021.  The law bans items such as plastic straws, plates, q-tips and plastic cutlery.  Additionally, the new legislation calls for EU states to reach 90% collection targets for all plastic bottles by 2029.  “Today, we have taken an important step to reduce littering and plastic pollution in our oceans and seas. We got this, we can do this.” Frans Timmermans, Vice President of the European Commission. Additional Resources For details on the ban from the European Parliament, click here. For the EU's factsheet on the new rules reducing plastics and the damage of such plastics to the oceans, click he...

The federal ban on bump stocks is officially law as of March 26, 2019.  Bump stocks modify semiautomatic rifles, allowing them to fire continuously with one pull of the trigger.  Back in December 2018, the Dept of Justice provided owners with 90 days to turn in or destroy their bump stock before banning them outright.  Bump stocks are now included within the federal definition of a "machinegun" in the Gun Control Act (GCA) and the National Firearms Act (NFA). Possessing them can result in fines and a prison term of up to 10 years.  To learn more, read the official Bump-Stock-Type Devices Final Rule released by the Department of Justice December 18, 2018.

#THOMASspeaks  Justice Thomas breaks a silence of over three years at the high court. The case involves racial bias in jury selections. Curtis Flowers, tried 6 times for the same murder charges, was convicted after the prosecutor was alleged to have repeatedly removed jurors for being black, violating the so-called Batson rule. What did he ask? He asked about whether jurors were excluded from the 6th trial by the defense and if they were white or black. They were white... Supreme Court Grant of Cert. {This is the Supreme Court's decision to hear the case.}

"KIDS DESERVE TO UNDERSTAND THEIR RIGHTS" Teaching teens about the law gives them much more than a bedrock of legal facts; it provides a tool for self-advocacy and a shield against abuse. Take racial or sex discrimination for example. Incidents of being “arrested while black” or being mistreated for being different are unlikely to disappear completely in the near future, so why not train students on how to respond intelligently while preserving their legal rights to combat such injustices. Deportations and immigration enforcements are increasing. Helping a kid learn some of the basic rules of immigration law not only increases awareness, but it can help her down a path to lea...

Another reminder that our friends in tax law can do magic… This week we found out that Amazon, with 2018 profits of $11 billion, will pay $0 in federal tax. How? Well, we know the recent tax cut reduced the corporate tax rate from 35% to 21%, but, so far, we don’t know which particular loopholes their tax wizards used to drill down from 21% to 0%. In fact, according to reporting from Fortune Magazine, Amazon’s tax team may have moved past zero and are looking to receive a $129M rebate.