Lindsay Lohan and the Law

lindsay-lohan-mug-shot-2011-la-sheriffI have two friends (and fellow classmates) who love to flood my email inbox and Facebook account with pictures of Lindsay Lohan. I think they love it more than summer break. Admittedly, I had this coming. These friends showed me a particularly startling picture of Ms. Lohan during a study break 1L year, and I let out a sort of shriek that I’m not proud of. I understand that actions have consequences. The pictures began rolling in during fall of 2011 and haven’t stopped since.

Feelings of disregard pervaded those first few months. But as the seasons changed, so did I. Most pictures came with headlines, and the more I read, the more I wondered how someone can so frequently break laws, violate probation, and skip out on court dates, and yet avoid any meaningful jail time. Then again, it’s not necessarily her fault that she’s been able to avoid consequences better than I have. The question, for me at least, is whether the justice system has treated her differently than it would you or I. And if so, why?

Continue ReadingLindsay Lohan and the Law

New ABA Statistics Show that the Growth Rate of the Wisconsin Bar in the Last Ten Years Has Been Below Average

According to new statistics posted on the American Bar Association website, the number of lawyers in Wisconsin grew from 13,813 in 2003 to 15,538 in 2013, an increase of 12%. For the country as a whole, the number of lawyers increased from 1.06 million in 2003 to 1.27 million a decade later, an increase of 20%.

The only year in which the number of lawyers in Wisconsin actually decreased was from 2007 to 2008, when the total fell by 113 lawyers, from 14,561 to 14,448.

The states with the largest percentage growth in the number of lawyers over the past ten years are:

Nevada +54%
Alabama +47%
Utah +36%
Arizona +42
Delaware +36%

In two states, the number of lawyers has actually declined since 2003: the Rhode Island total has dropped by 19% (from 5,135 to 4,173), while that for Massachusetts has fallen by 8%. Massachusetts actually hit its decade low total in 2007, while the bottom was reached in Rhode Island in 2009. In both states the total has increased in recent years.

The three states with the most slowly growing bars are Vermont +3%, Nebraska +4%, and Alaska +8%.

The largest total number of lawyers is in New York (166,317), followed by California (163,163), Texas (82,607), and Illinois (62,496). The smallest number is in North Dakota (1,560), followed by Wyoming (1,681), and South Dakota (1,905).

 

 

Continue ReadingNew ABA Statistics Show that the Growth Rate of the Wisconsin Bar in the Last Ten Years Has Been Below Average

SCOTUS: Guidelines Amendments Trigger Ex Post Facto Protections

So just how advisory are the “advisory” federal sentencing guidelines? That was the central question in the U.S. Supreme Court’s decision earlier today in Peugh v. United States, which held that guidelines amendments resulting in harsher recommended sentences are limited by the Ex Post Facto Clause of the Constitution.

The Court converted the federal sentencing guidelines from mandatory to advisory in 2005, but left unanswered many important questions about what exactly it means for the guidelines to be “advisory.” Several of these questions were answered in a trilogy of 2007 decisions, which effectively established a new and unique sentencing system for the federal courts. Although sentencing judges are not required to follow the guidelines, the Supreme Court did put a thumb on the scales in favor of guidelines sentences. Dissenting justices objected that this kinda-sorta advisory system violated the Sixth Amendment, but to no avail.

The new system also raised Ex Post Facto Clause issues, which divided the lower courts. Peugh nicely illustrates the problem. 

Continue ReadingSCOTUS: Guidelines Amendments Trigger Ex Post Facto Protections