Friday, June 24, 2016

Little Marco Rubio and His Roomie/Investment Partner David Rivera

N.B. In the clip above, all names, characters, and incidents portrayed in the fictitious film within a cartoon are fictitious. No identification with actual persons, places, buildings, products or the professional fantasies of the NRA's do-boy Little Marco Rubio, is intended or should be inferred.

After reading this Herald article on David Rivera over my first Bloody Mary, as I was driving past Little Marco's bank (otherwise known as "Braman Motorsports") on the way to work this morning the stunning similarities between these two scoundrels struck me.
The two assets Rivera listed in his 2012 congressional disclosure, for calendar year 2011, were a Bank of America savings account and a home in Tallahassee he co-owned with U.S. Sen. Marco Rubio. They sold that house earlier this year.

Completely deceptive. Never held a real job. Shady, unexplained personal finances. Drenched in hubris. Beholden to filthy lucre. Mostly, devoid of courage and integrity. BFFs, I guess.

Have a great weekend. Living well is the best revenge.

Xenophobia Friday!

Hi folks, with Brexit happening over there and Trump happening over here, can we just get over the bullshit narrative that immigration is a problem? Listen to this guy.

The truth is that we are a nation of immigrants and immigration, even illegal immigration, strengthens us in ways many are unaware of. 

Papers please bitches! Happy Weekend!

Thursday, June 23, 2016

Spencer Aronfeld's Italian Loafers

Judy Garland had her ruby slippers.

(No socks = no, no. Nice five-finger discount from the Four Seasons.)

Guns Guns Guns Guns Guns

On the surface it's sound logic; if you're too dangerous to be let on an airplane you're too dangerous to buy a gun. Who could argue with that? Ah, but the devil is in the details.
Attorneys for people caught on the US’s sprawling terrorism watchlists are expressing concern that the latest tactic by gun control advocates is blessing the legitimacy of a process they say threatens civil rights.
As Democrats staged a sit-in on the House floor on Wednesday demanding a vote to prevent people placed on FBI watchlists from purchasing firearms, lawyers and American Muslim rights groups feared the effort tacitly endorsed a system that they have for years argued lacks transparency and basic due process and disproportionately affects US Muslims.
They fear that civil rights concerns over watchlisting are becoming a casualty of political expediency by gun control advocates in a debate supercharged by the massacre of 49 people at an LGBT nightclub in Orlando on 12 June.
“It’s ridiculous, the notion that somehow the watchlists are a reliable measuring stick for who should be deprived of an ability to purchase weapons,” said Ramzi Kassem, a law professor at the City University of New York and director of its Clear clinic, some of whose clients were wrongly watchlisted.
The answer to this is obvious. FIX THE WATCH LISTS. We need objective criteria for adding someone to the watch lists and a due process process for getting people off of it. It's not that hard.

Meanwhile, this is the song that should have been playing at Pulse that fateful night.

Wednesday, June 22, 2016

Former Chief Bunkerite David Gersten Faces 57.105 Sanctions Motion, But He Is Not Worried At All

N.B. In the clip above, all names, characters, and incidents portrayed in the production are fictitious. No identification with actual persons, places, buildings, products or the practice of "family" "law" in Miami, is intended or should be inferred.

Chief Judge Gersten - pictured above - is now a partner at Gordon Rees. He and Miami attorneys Terry Fogel and Scott Rubin, of Fogel Rubin & Fogel, represent Jorge and Alina Lopez, the adult children of multimillionaire Jose Lopez Sr., who want to annul their father's marriage to his third wife.

From the DBR:
The attorneys are all subject to a motion for sanctions by [the third wife's] attorney, Michael Schlesinger of Schlesinger & Associates, under Florida Statute 57.105, which punishes parties for frivolous court filings.

Dismissing the allegations, Gersten said lawyers increasingly abuse the statute.

"I'm not worried at all about the 57.105. It's something that seems to be going on in our community quite a bit where lawyers seem to be trying to intimidate you into backing off a case," he said. "I want to state emphatically we are not intimidated at all, and I would be shocked if any court I used to sit on, I used to sit on and preside over as Chief Judge, over which I used to decide to reverse or affirm, I have rubbed elbows with in my 30 years as a judge in this town, found any merit in any of their allegations."
I have to agree with the Chief Judge on this one: there is no room in the practice of law for intimidation tactics designed to get the opposition to back off a case. Like the proliferation of former state court judges now trying to re-enter the private practice of law as mediators or litigators and getting hired to sit at counsel table or argue before their former court, in an effort to curry favor or intimidate the other side to back off a case.
Attorneys on each side alleged their adversaries were drawing out the dispute for bigger paydays and acting in their own best interest, rather than that of Jose Lopez.
No way! Filthy Lucre. Imagine that.
Gersten is a legal heavyweight who commands $750 per hour for meditations.

Is Marijuana Moving to Schedule 2?

There seem to be some conflicting reports.

Some say yes. Others say not so fast. And others worry what it all might mean.
The end of marijuana prohibition is coming. But how the federal policies will change could have a dramatic effect on the nation's burgeoning legal marijuana businesses, which could fall victim to the same scourge that has hampered so many other nascent industries: regulations.
At the end of this month, the Food and Drug Administration and the Drug Enforcement Administration will announce their decision whether or not to reclassify marijuana under the Controlled Substances Act. The agencies did not give a hint as to which way they are leaning, but there are a number of moves they could take--the plant could be de-scheduled completely like alcohol or tobacco; it could remain as a Schedule I drug (it's current classification) or some of the plant's active chemicals could be rescheduled while the whole plant could remain illegal.
The real concern among those in the industry is what happens if the FDA and DEA reschedule marijuana as a Schedule II drug. FDA regulation experts say if pot is placed in the same category as legal pharmaceutical formulations of opioids like oxycodone and stimulants like amphetamine the burden of keeping up with regulatory compliance might be too costly for many of today's small marijuana companies.
"Schedule II would be a nightmare for the cannabis industry," says Andrew Ittleman, a lawyer and partner at Fuerst Ittleman David & Joseph in Miami. His firm helps companies navigate FDA's laws and regulations.
Simply rescheduling marijuana will not make it legal over night. While medical marijuana will be legal at the federal level, recreational marijuana will still be in limbo because of conflicting state and federal laws.

IMHO, the whole drug scheduling system is a farce because it seeks to impose political and criminal justice solutions into what should be medical, epidemiological, and scientific questions. But acknowledging that marijuana can be medicine at the federal level will be a step in the right direction.

Tuesday, June 21, 2016

Wise Latina v The Police State

I love this lady.
This Court has allowed an officer to stop you for whatever reason he wants—so long as he can point to a pretextual justification after the fact. That justification must provide specific reasons why the officer suspected you were breaking the law, but it may factor in your ethnicity, where you live, what you were wearing, and how you behaved. The officer does not even need to know which law you might have broken so long as he can later point to any possible infraction—even one that is minor, unrelated, or ambiguous.
The indignity of the stop is not limited to an officer telling you that you look like a criminal. The officer may next ask for your “consent” to inspect your bag or purse without telling you that you can decline. Regardless of your answer, he may order you to stand “helpless, perhaps facing a wall with [your] hands raised.” If the officer thinks you might be dangerous, he may then “frisk” you for weapons. This involves more than just a pat down. As onlookers pass by, the officer may “‘feel with sensitive fingers every portion of [your] body. A thorough search [may] be made of [your] arms and armpits, waistline and back, the groin and area about the testicles, and entire surface of the legs down to the feet.’”
RIP the 4th Amendment. 

Monday, June 20, 2016

Bye Felicia

I guess he's all talked out now.
Justice Clarence Thomas, a reliable conservative vote on the Supreme Court, is mulling retirement after the presidential election, according to court watchers.

Thomas, appointed by former President George H.W. Bush and approved by the Senate after a bitter confirmation, has been considering retirement for a while and never planned to stay until he died, they said. He likes to spend summers in his RV with his wife.

His retirement would have a substantial impact on control of the court. The next president is expected to immediately replace the seat opened by the death of conservative Justice Antonin Scalia, providing a one-vote edge in the court that is currently divided 4-4.

Friday, June 17, 2016

We ♥ Katie Phang!

Congratulations to our friend Katie Phang, the President-Elect of the Miami-Dade Chapter of the Florida Association of Women Lawyers. For our money, the membership chose a great person to lead this important organization.

Happy Friday

I'll be honest, I've got nothing. I can't remember a more exhausting and draining week in my adult life, and it wasn't just my husband's new herbal boner pill.

So a happy, safe, and healthy weekend to you all. Please.