Sunday, May 29, 2011


I don't want someone that sees what's good about me...I want someone that sees the bad, and still wants me

Friday, May 27, 2011

iPhone Spies

Atoms vs. Bits: Your Phone in the Eyes of the Law (The Atlantic, 26 April 2011) - On the last Friday in November in 2007, James Nix was riding shotgun in a car driving through the streets of Albany, Oregon, a freeway passthrough town between Salem and Eugene. Nix had several outstanding warrants for possession of a controlled substance, endangering the welfare of a minor and violating his parole on an earlier drug conviction. Earlier that day, an Albany police officer saw Nix take a call on his cell and then immediately after sell drugs to someone in classic hand-to-hand, money for drugs, switch. So, he’d tipped off another officer by the name of Jones to watch for the car. After investigating Nix for several weeks, they were going to make an arrest. Officer Jones pulled Nix’s friend over in a lawful traffic stop and Nix bolted. He didn’t get far before being apprehended, though, and Jones patted him down, finding 22 clear plastic baggies often associated with drug dealing, $370 in cash and a cellphone. Jones said while he counted the money, the phone rang “continually.” With enough evidence to make an arrest for selling drugs, Jones called Nix’s investigators, who told him to deliver the phone to the Albany PD’s mobile phone expert. Without a warrant, the forensics analyst searched the entire contents of the phone and “found text messages that he believed were drug related and images ‘consistent with methamphetamine.’” They were subsequently used against Nix in a trial which found him guilty. Ask yourself: Do you think it was OK for the police to search the contents of Nix’s phone without a warrant? It’s a complicated issue. We have rules against warrantless searches for good reason. On the other hand, law enforcement doesn’t want to lose the ability to do everything it can to catch people they think are criminals. Here’s the legal issue at the heart of the case, which will be argued before the Oregon Supreme Court next week. We all know that the Fourth Amendment to the Constitution protects everyone from “unreasonable” search and seizure. Since the 18th century, though, many cases have touched on how to define what is and is not unreasonable. Under English common law, it was generally considered reasonable for the police to search you while you were being arrested. It became known as the “search incident to arrest exception” and has been around in American law for well over 100 years. The big change to the exception came in the 1969 case Chimel vs. California, which laid out a key exception to the exception. Namely, if a suspect was arrested in his home, the police couldn’t search his whole house. As Wikipedia summarizes it, the police could only search, “the area within the immediate control of the suspect,” or as James Nix’s attorney Bronson James more colorfully put it, there is a “wingspan rule.” If you can reach it, the cops can search it.

Wednesday, May 25, 2011

Twitter Tests Laws in UK and US

Good article about how the spread of Twitter has impacted the laws and how they need to adapt.

Monday, May 16, 2011

Posner Plays Nolan Smith of Duke

NSELS/ SLA Networking Event in NYC June 3rd, 2011

Looking to network? Interested in Sports or Entertainment Law? This
event is just for you. In an effort to spread awareness about the
organization’s mission, NSELS will be hosting a networking event in
New York City on June 3rd, 2011. More information will be given out in
the coming week. The National Sports & Entertainment Law Society was
organized with the assistance of Michael McCann from Sports
Illustrated. NSELS is a low-profit, limited-liability company
created by law students that focuses on organizing and centralizing
sports and entertainment societies. Most of our members are affiliated
in some capacity with other professional organizations such as the
Sports Lawyers Association and the American Bar Association’s Forum on
Entertainment and Sports.

Elliot Solop, the founder of The Sports Tomato
( will be representing NSELS at this event.
More information about The National Sports & Entertainment Law Society
can be found on our website at:

To ensure a great event, please RSVP on facebook, so we can have a
good idea of reservations and such. Also invite your friends who might
be interested. Information about the event will be updated weekly. Due
to limited funding, all cost will be at your own expense.

Date: June 3rd, 2011
Time: 6-8 P.M.
Where: Tonic bar and restuarant

Facebook Link:

Wednesday, May 11, 2011

Mak the Puggle Speaks


Mak and my roommate, Mike, talking to each other after a rough day of studying.

Saturday, May 7, 2011

Times Are Changing For Lawyers

Are time changing for lawyers and law students??

great article about Silicon Valley law firms

Tuesday, May 3, 2011

Rex Ryan On the Late Show

Rex Ryan talking to Dave about the upcoming season!!!!


Monday, May 2, 2011

Buffalo Drafts Michael Jasper

The Buffalo Bills chose Dynasty Football client Leslie Michael Jasper in the 7th Round, with the 42nd pick, 245th overall, in the 2011 Draft. Congrats to Mike for all his hard work and dedication!!! Not only did the Bills get a beast of a football player and someone who will help there last place defense a lot, but they will also be getting a guy with a great personality and someone who will consistently work their butt off.

Keep it up, you're almost there big guy!!

Check out Mike's website at:

NY Jets 2011 DRAFT

New York Jets

30. Muhammad Wilkerson, defensive end, Temple
94. Kenrick Ellis, defensive tackle, Hampton
126. Bilal Powell, running back, Louisville
153. Jeremy Kerley, wide receiver, TCU
208. Greg McElroy, quarterback, Alabama
227. Scotty McKnight, wide receiver, Colorado

New York didn’t have a second round pick as a result of the Cromartie trade, so they used both of their picks on Thursday and Friday to draft players for the front 7 on a defense that struggled to generate a pass rush at times. Muhammad Wilkerson was highly ranked on many boards and was a great pick late in the first. Kenrick Ellis has legal issues that dropped him to the third, but if he is on the field he should challenge for a spot in the rotation right away.

Sunday, May 1, 2011