International Criminal Maritime Law

International criminal law is a very sexy sounding legal practice.  Most people imagine prosecuting war criminals or overthrown dictators, but a lot of international criminal issues arise at sea.  No, it’s not piracy either.  Many of the most complex international criminal issues come up in the prosecution of those who violate shipping laws.

Are Political Contributions Statutes a Violation of the First Amendment?

The upcoming presidential elections have brought about many controversies. A major recurring issue is that of political contributions.  What are the political contribution laws in various states? How do they apply to individuals?  To corporations?  One state may have various provisions that differ from another.  For example, Mr. Tom DeLay explains the stricter Texas laws prevent political contributions from private corporations to state campaigns.  Although the statute did not mention what forms of contributions are barred, the statute has been interpreted to bar almost all campaign donations, including checks.

Felony Disenfranchisement

Election Day! It’s the day when citizens who want to be engaged in the political process, get the opportunity to have their say.  Unfortunately, for the nearly six million individuals who are disenfranchised due to felony disenfranchisement laws, Election Day is just a reminder of this basic civil right they are denied.[1]  Felony disenfranchisement occurs when an individual’s right to vote is taken away (either temporarily or permanently) because they have been convicted of a felony.  Forty-eight states and the District of Columbia currently have felony disenfranchisement laws in effect.  Only Maine and Vermont do not.   

Criminal Enforcement of Intellectual Property Law

In a second presidential debate on October 16^th, 2012, Romney pledged to declare China as a currency manipulator on his first day in office and also accused China of producing counterfeit American products and stealing American intellectual property.[1]  The counterfeiting of intellectual property in China is now the most serious counterfeiting problem in the history of the world. 

Can Defendants Confront Their Accusers When They’re Anonymous?

This year, one of the most interesting cases the Supreme Court had considered whether to hear is Elashi v. United States.  This case has ties to terrorism, inevitably bringing into play a certain level of deference to the government’s national security interest; however the central issue is whether the Sixth Amendment to the Constitution allows the government to present evidence from anonymous witnesses.  While Court denied the defendants’ petition for certiorari on October 29, the case involves interesting questions that could be repeated in the future.

DOJ Seeks to Stop the “school-to-prison pipeline” in Meridian, Mississippi

In the past, groups like ACLU and NYCLU have filed suits where policies and practices have led to the exacerbation of the “school-to-prison pipeline” problem. [1] In December of 2011, the U.S Department of Justice began investigating these practices in Lauderdale County in Meridian, Mississippi.  The Department of Justice revealed its findings on August 10, 2012, and gave the city 60 days to address the violations listed in their report.[2]  During the 60 days the city did not fully cooperate with the Department of Justice to resolve the inadequacies.

Giving Birth in Shackles

On October 17, 2012, it was announced that the Virginia Board of Corrections approved tentative regulations to restrict the use of shackles on pregnant inmates.  Virginia’s regulations to restrict the shackling of pregnant inmates come just weeks after California passed Assembly Bill 2530 (AB 2530).[1]  The Virginia regulations will permit handcuffing pregnant inmates during transportation outside the jail but it will prohibit all restraints during labor and delivery.[2]  AB 2530 completely bans the use of shackles on pregnant inmates while they are in labor, delivery, recovery, and even after delivery.  California’s bill prohibits restraint by the wrists, ankles, or both, unless it is deemed necessary for the security of the inmate or the safety of the staff or public.  A federal court has concluded shackling pregnant inmates during labor and delivery is unconstitutional.  Yet, many states continue to use this unconstitutional practice. 

Is the Use of Checks Covered by Texas Money Laundering Law?

Tom Delay, the former U.S. House Majority Leader convicted for money laundering, made his appearance in court on October 10, 2012 to make his case for innocence. [1]  Mr. Delay has been free on bond since his sentencing in 2011 and since then spent his time making appearances on the reality television show "Dancing with the Stars." [2]  If Mr. Delay loses his current appeal, he can potentially appeal to the state's Court of Criminal Appeals.  However, if the conviction is upheld, Mr. Delay may face up to three years in prison and five years of probation. [1]