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Judging the Judges
FEATURED
October 2, 2026
Judging the Judges
By: Lauren Scribner
Judges are in the business of holding people accountable for crimes and misconduct—but how do we hold judges accountable for their own ethical lapses? Recently, in a moment of frustration, Florida Second Circuit Judge J. Layne Smith told three attorneys practicing in his courtroom that he “would like to tell the deputy to pull his gun and shoot all three of [them] as far as [his] level of frustration right now.”[1] Yes—you read that correctly. A presiding judge vocalized his thought to have attorneys practicing in his courtroom shot by courtroom security. What should the consequence be for using such threatening language? A mere public reprimand and recusal from that case?[2] Or, should there be some sort of tangible punishment?…
Dismissive of Dismissal
September 25, 2026
Dismissive of Dismissal
By: James Trusty
During the two Trump administrations, a trend has begun to emerge of federal judges challenging the once-unrestricted authority of the Department of Justice (DOJ) to dismiss indictments. The longstanding framework of separation of powers suggests this judicial pushback is unsupported activism, but the judges claim the Federal Rules of Criminal Procedure (“Rules”) do not relegate their role to rubber stamping. Ultimately, this trajectory may lead…
In the age of AI, litigators must read between the lines—literally.
August 18, 2026
In the age of AI, litigators must read between the lines—literally.
By: Robert Ward
In the age of AI, litigators must read between the lines—literally. Any attorney who has litigated a case against a party proceeding pro se is familiar with the common refrain that courts liberally construe pro se filings.[1] This leniency was not enough for one Connecticut litigant. In a scheme that gives new meaning to the phrase “reading between the lines,” pro se plaintiff Matthew Elliot…
Normandie Casino Operator Pleads Guilty to Charges Stemming from Protection of High-Rollers
February 11, 2016
Normandie Casino Operator Pleads Guilty to Charges Stemming from Protection of High-Rollers
By: Ifrah Law
Despite the old saying “the customer is always right,” the law places limits on customer service in the casino industry. Normandie Casino has found this out the hard way. The operator of the casino has agreed to plead guilty to charges that it violated anti-money laundering provisions of the Bank Secrecy Act, according to a Department of Justice press release. Normandie Casino is one of…
Oklahoma Judge Rejects Penalties for Rolling the Dice Before a Jury
January 15, 2016
Oklahoma Judge Rejects Penalties for Rolling the Dice Before a Jury
By: Ifrah Law
As a matter of course, federal prosecutors often pile on charges in order to strong-arm defendants into entering a favorable guilty plea quickly. Those who exercise their jury trial right and put the government to its proof often receive harsh sentences based on these overreaching indictments. But last week, a federal judge in Oklahoma took a rare stand against this practice. United States v. King,…
Is It Ever Okay to Share Passwords?
November 4, 2015
Is It Ever Okay to Share Passwords?
By: Ifrah Law
If you’ve ever let your kids sign into your Netflix or HBO Go account, or given your marketing department access to your Twitter feed, you may be committing a federal crime, depending on how the Ninth Circuit rules on a case argued before it just last month. The case, United States v. Nosal, is the latest chapter in a series of cases in which federal…
DOJ uses White Collar Prosecution for Election-Season Rabble Rousing
September 11, 2015
DOJ uses White Collar Prosecution for Election-Season Rabble Rousing
By: Jeff Ifrah
Beating their chests and breathing fire to rouse the polity, the Department of Justice recently came out with an announcement as earth shattering as the sun rising. The DOJ proclaimed it has adopted new policies to prioritize the prosecution of individuals for white-collar crime. Deputy Attorney General, Sally Q. Yates, was quoted in the New York Times: “It’s only fair that the people who are…
Copyright & Trademark Protections- Is Metadata Included?
September 9, 2015
Copyright & Trademark Protections- Is Metadata Included?
By: Ifrah Law
A Canadian federal court recently released an opinion holding that meta tags, at least in some circumstances, are not entitled to copyright protection. Although the precedent is not binding in American courts, the well-reasoned opinion provides an excellent logical analysis on why meta tags may or may not be afforded copyright protection. In Red Label Vacations Inc. v. 411 Travel Buys Limited, the plaintiff travel…
