I am Tom Freeland, a lawyer in Oxford, Mississippi. The picture in the header is my law office. I'm on Twitter as NMissC
I started (co)blogging as NMC in early 2008 on the Folo blog, (with coblogger Lotus); that blog went on hiatus in March, 2009. In 2005, I covered Fifth Circuit cases for the (now defunct) Appellate Law and Practice blog.

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Amen (about the “shameful attacks” on lawyers who defended detainees)

I’m going to reproduce this in full, too.  Note some of the names– Ted Olson, Ken Starr.
The past several days have seen a shameful series of attacks on attorneys in the Department of Justice who, in previous legal practice, either represented Guantanamo detainees or advocated for changes to detention policy. As attorneys, former officials, and [...]

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The Mississippi Supreme Court debates “We can’t fire him! He quit!” and decides it’s going to fire Bobby DeLaughter, regardless

Today, the Mississippi Supreme Court ruled that they were going to explicitly remove Judge DeLaughter, and refused to grant the Judicial Performance Commission’s motion to dismiss its proceeding against DeLaughter, a motion based on DeLaughter’s resignation from the bench at the time of his guilty plea.
The majority thinks that this particular case doesn’t just require [...]

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SCOTUS blog legal history post about the Supreme Court and civil rights in the late 19thC

The SCOTUS blog is having some posts about the U.S. Supreme Court and race.  One is a nice discussion of two decisions from the 19th Century limiting the scope of the Reconstruction Amendments by Robert Cottrol, a professor of law and history at George Washington University.  It begins:
Chances are if you went to law school [...]

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Motorhome Diaries Folks File Motion to Suppress, tort claim letter

The Motorhome Diaries folks have fired their next barrage against Jones County.  First, from an article in the Laurel, Mississippi Leader-Call that sums up the situation:
Pete Eyre, Adam Mueller and Jason Talley were traveling through Jones County on I-59 North on May 14 when they were stopped by Jones County deputies.
In Laurel Justice [...]

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“Mr. Yoo and Mr. Bybee were not acting as fair-minded analysts of the law but as facilitators of a scheme to evade it.”

The editorial page of the New York Times has apparently been thinking through its reaction to the recent OPR opinions as deliberately as I have (note the quote in the title). The lede sentence is haunting to me as a lawyer:
Is this really the state of ethics in the American legal profession? Government lawyers [...]

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It all depends on who’s ox is gored: John Yoo and Youngstown

Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952) is the leading case on presidential power in wartime, and specifically on the president’s authority with regard to congressional power when the nation was at war.  Justice Black’s opinion frames the issue in those terms:
We are asked to decide whether the President was acting [...]

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Judge Hitner in Wilson v. Scruggs: Lets get on with it– and do so in 14 pt type

What remains of Wilson v. Scruggs is in the Federal District Court for the Northern District of Mississippi.  As I’ve posted earlier, Wilson has settled with Scruggs and Langston but continues to pursue Patterson, Peters, and Balducci (the last filed a pleading admitting liability but asserting other defendants were primarily liable).  The case is before [...]

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The Ninth Circuit can’t even get affirmed ruling on how diversity jurisdiction works

It seems the Ninth Circuit has (or had…) a rule that a corporation’s principal place of business was were  most of its business was done, giving California a huge advantage.  The Hertz Corporation was not incorporated there, and had its headquarters in New Jersey.  Nevertheless, the Ninth Circuit, applying its most-of-the-business rule, held there was [...]

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Just in case you thought the final OPR report exculpated John Yoo

I’ve not posted about the Justice Department’s Office of Professional Responsibility report about whether Yoo and Bybee should be referred for bar discipline for their authorship of the Bush era “torture memos.”  I’ve not posted in part because I find the whole topic so discouraging.
The final report finds that You provided legal advice that was [...]

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The New Albany City Attorney situation: Well, it seems certain all the lawyers are relatively happy…

The Daily Journal reports that New Albany has a new (well, repeat, or used, or something) city attorney, but everyone gets paid:
New Albany Aldermen unanimously approved the hiring of Roger McMillin as city attorney Monday night. McMillin has served previously for almost a dozen years as New Albany city attorney.
He replaces long-time [...]