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Quick Question: Is a lifetime in a horrendous prison worse than the death penalty?

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A "good" room in the British prison ...

Q. Can juries visit the prison in which a convict would be placed for life if they decide against the death penalty? 
A. This is a factual question for which I don't have an answer. If you know it, tell me in the comments. Of course, it may be jurisdictional, but if it's possible anywhere, or ever has been, it's interesting to me for the sake of discussion.

Q. Would some jurors choose differently depending on the nature of life in that particular prison?
A. I think that yes, some jurors may choose differently, regardless of their initial stance on the appropriateness of the death penalty in that particular case.

Image: Wikipedia

Hypo-mania: The Gun That Fires Heart Attacks

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Here's a hypo I came up with in Criminal Law class tonight. Be gentle, I don't make many hypos and I'm a little hesitant to even put one out there. No pain, no gain, so here it goes:

Person 1: If I point a gun at someone with intent to kill them and, when I pull the trigger, I realize the gun is not loaded, but they have a heart attack and die, did I “murder” them in a legal sense?

Person 2: No, because part of the definition of murder in this hypo is the deliberate use of a deadly weapon on a vital part of the body.

Person 1: Well, what if I had put the gun to the person’s heart?

The professor (Temple Law's James Shellenberger) had this to say when I gathered up the courage to ask him what he thought:

You don't have to point the gun at the heart. He reminded me of tort theories like the eggshell plaintiff, which states that you take a plaintiff as you find them. If the victim had a heart condition, I implicitly accept that the condition coupled with my behavior may kill the victim, and therefore accept responsibility for that outcome if it comes to pass.

He also informed me that if you break into a shop intending only to commit a robbery, but the proprietor has a heart attack as a result of the stress of the situation, you may be found guilty of murder. 

If someone dies in the course of your committing a felony, I suppose you're open to prosecution for murder. There is a word for it, but the prof is one of those brilliant people who talks quickly when he lectures and, much to my dismay, even more quickly when conversing one-on-one.

Do men know you must repay law school loans, even if you can't get a job? -- via Law.com through @WSJ [Law School]

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The surge was not spread evenly by gender, according to the LSAC. The percentage of male applicants grew by nearly 5%, while the increase in female applicants was 1%. Zearfoss speculated that women, who are generally more risk-averse than men, may be more reluctant to take on the debt needed to pay for law school right now. 
via law.com

The article itself is pretty comprehensive, and worth a read if you have some time to 1) do the reading; 2) convince yourself to follow through on loans for next semester; and 3) maintain your resolve in the face of bleak odds based on cold, unfeeling data.

Lots of people who took the LSAT ultimately decided against going to law school. LSAT takers increased by 13% this year, but there was only a 3% increase in actual applicants.

I don't even have a point to make here, just looking at this data and thinking back to my "Why I Chose Temple Law" post from August 2009 (the post is poorly formatted because it was imported from my old blog, forgive the laziness that prevents me from fixing the formatting).

I'm still happy I'm in school, and still very much want to be a lawyer. And there are far darker fates for your wallet than being a PA resident enrolled in Temple Law.

So I'm not going anywhere.

Via: Wall Street Journal Law Blog
Source: Law.com

@ThisWeekInLaw Episode 67 Covers Privacy (this post brought to you with a little help from @drPodder) [Privacy]

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The message below the three asterisks was generated by drPodder for webOS, the only podcatcher worth using on webOS devices. It's so perfect that I left it as it was generated by the app's share-an-episode feature, which spits out the metadata below into an email you can send to anyone -- even Posterous.

This is a really good episode of This Week in Law as far as privacy goes. Yes, another school-related post. Yes, extremely worth your time to listen to so you get a better understanding of how privacy is evolving with current trends in technology and social media, no matter what your industry or occupation.

***

Hi,

I thought you'd like to check out this great podcast I'm enjoying in drPodder on my Palm webOS phone!

To download the episode, just click this link: TWiL 67: Skynet Knows All

To subscribe to this podcast yourself, simply copy the following link and paste it into your favorite Podcatcher!

Podcast Title: this WEEK in LAW
Podcast URL: http://leoville.tv/podcasts/twil.xml

FTC Behavioral Advertising Guidelines, Revised February 2009 [Random Legal Geekery]

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(download)

We're going over this in Cyberprivacy Law and I wanted the report outlining the four principles somewhere easily accessible. So here it is, the Federal Trade Commission's February 2009 revision to its behavioral advertising guidelines. The guidelines were drafted to offer a framework within which the online advertising industry could self-regulate the collection of user data for use in targeted online advertising.

Such romantic reading.

Source: FTC

"Can We Haz Privacy and Security?" Some @Firefox add-ons and a shout-out to @GrouponPhilly [Privacy]

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I said this:
Addons to help you stay safe and secure and maintain your privacy on the web while using Firefox. Some are more complicated to use than others, but consider reading and asking other users for help.

The title isn't very pretty, but sitting in Cyberprivacy class compelled me to make sure I was mentioning some of the better extensions I've come across. Targeted, contextual advertising, done well and with full disclosure, can be mutually beneficial to both consumers and marketers.

These extensions are particularly useful if you find yourself bombarded by poorly or nefariously implemented online marketing strategies.

Hopefully, I'll dig up their equivalents for other browsers soon. Any comments, criticisms, suggestions are welcome.

View the collection ]

Publishing My Privacy Assignment About Publishing Sensitive Information [Privacy]

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Image via Flickr user rpongsaj
 
This is an assignment I did for my cyberprivacy law class, the sole summer session course I'm taking between my 1L and 2L years. I have written about many of these issues on joebeta before. It was an ungraded summary of privacy implications on the internet, and will apparently serve as the foundation for some work we'll be doing for the rest of the summer session (the class ends mid-July).
 
I'm publishing it here so I can get feedback from those more knowledgeable than I am on how accurate everything is, as I wrote it up from what I already knew, looking for examples from recent events to fill out the general ideas.
 
Maybe those less knowledgeable will learn something, too, which is all I can ask. Remember folks: be safe out there.
 
Click through for the (longish) article.
 

Read the rest of this post »

The Pitfalls (And Merits) of Comparing Yourself to Younger, More Successful People [Meta]

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Andrew Golis, the 26-year-old former deputy publisher of Talking Points Memo, is the man Yahoo has plucked to develop original content on the news side.

I know it's not good personal policy to use comparisons of yourself to others as a basis for self esteem. In fact, I'm alway telling some of my most beloved friends and family about how such comparisons are apples and oranges, and only serve to set us back even further in moments where we're already feeling down on ourselves.

But today I'm 27, and there are lots of people older than me in this world. But now there is officially a new group of people that is younger than me, too.

Aging has never been on my mind. I know people -- some under 30 -- who agonize about every passing birthday (you know who you are...) and really dread the whole idea of getting older.

I wasn't very fond of growing up, but only recently has getting older started to look less than desirable. This guy, Andrew Golis, is probably light-years ahead of where I am for plenty of good reasons. None of which are particularly relevant to my own journey.

But here I am, thinking about 27 years of life. And it's not just because my girlfriend likes to tell me I'm "almost 30" (thanks, Meg, I love you too) but because I'm still annoyed that the whole I-wanna-be-a-lawyer thing took so long to coagulate into something real, something I could commit to and act on.

Timing is everything, though, and I wouldn't have survived law school if I had started after graduating college in 2005. I'm not sure I would even be as engaged in the experience, either.

My classmates in the evening program at Temple Law have rich life experiences that serve to put the law in perspective. In my eyes, that's a premium over and above tuition, and one that many people don't have the luxury of experiencing in law school.

I'm more driven and active these days than i was in college, too. So much so, that I decided to get involved in the Student Bar Association, which will only lead to more enrichment and engagement.

So, yes, some people are light-years ahead of me in life, even if they're a bit younger (don't even mention Mark Zuckerberg), but that's okay. I'm where I want to be, with who I want to be with, doing the things I know I should be doing.

Not bad for a 27-year-old.

April 29
2010
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"Don't Panic" phone wallpaper all that's getting me through exams [Image]

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Tonight it's property law. Then nothing until Tuesday. I feel like the Arthur Dent of law school.

Thank you, Douglas Adams. Thank you.

-- Sent from my Palm Pre

$100k law degree sells for 0.5925% its value -- via Above the Law [Quote]

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The Georgetown grad was miserable working for a large law firm in Silicon Valley. So he quit and posted his degree in the Craigslist “For Sale” section for “the bargain basement price of $59,250″ — the current value of his student loan balance — or best offer.

The final sale price? $592.50--10% of the asking price and decidedly less than the overall cost of the legal education for which the degree holder paid.