Attorney General Cancels Stay in Matter of R-A-, the Case of a Guatemalan Woman Seeking Asylum From Severe Domestic Violence

Some of my former students will remember the domestic-violence asylum case, Matter of R-A-, which had been pending in a sort of limbo state since January 2001.  The R-A- case presents the issue of whether an immigrant may obtain asylum in the United States on the basis of her well-founded fear that she will suffer severe domestic violence if she is returned to her country, violence from which her country will not protect her.  This week, Attorney General Michael Mukasey issued a decision directing the Board of Immigration Appeals to reconsider the case.

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Fastcase: Free Online Research for All Wisconsin Bar members

If you are a member of the Wisconsin State Bar, beginning in November you will have free access to Fastcase.  Fastcase is a searchable online database of federal and state law.  The product overview at the Fastcase website makes the service look user-friendly.   Its coverage is fairly deep too, including state cases back to 1950 or earlier.

I was wondering when a convenient but much lower-cost legal research service like this would become widely available.  It seemed inevitable that it would eventually happen.  I haven’t tried Fastcase yet, but I am going to do so and will follow up with my thoughts about the interface and more details about the coverage.   In the meantime, I would be very interested to hear from anyone who already has experience using the service.

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What Is an “Offense”?: Another ACCA Puzzle for the Courts

I’ve posted a few times on recent Armed Career Criminal Act cases (e.g., here).  With several Supreme Court decisions last term on the scope of the ACCA, this has been an especially dynamic area of federal sentencing law.  The cases nicely illustrate one of the fundamental problems with the ACCA, which is that Congress sought to single out certain categories of prior state convictions as triggers for the ACCA fifteen-year mandatory minimum, when each state criminal justice system has its own idiosyncratic structure, terminology, and practice norms.  Congress did not, and could not, take into account the particularities of fifty different systems when drafting the ACCA.  As a result, the courts have faced a steady stream of difficult cases requiring them to determine which types of prior convictions from which states actually count as a “violent felony” or a “serious drug offense” (three of which trigger the fifteen-year minimum).  The Supreme Court’s May decision in United States v. Rodriquez provides a good example of the difficulty.

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