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(((tedfrank))) Profile picture
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Mar 7 • 7 tweets • 3 min read
Except tough on crime policies absolutely reduce the number of crimes.

1. Career criminals don’t victimize the innocent in prison.

2. And long-term, children of felons do better in life when the felons are locked up.

Stop #underincarceration.
You know what doesn’t work in reducing crime? “Rehabilitation” and “addressing the root causes.”
Putting repeat violent criminals in prison until they're old isn't unconstitutional.
Stancil cries racist racist racist because I want to put violent criminals in prison. Why does he think violent criminals are necessarily minorities?
If you don’t understand the causal mechanism of “being a bad influence,” that’s probably a contributing factor to why you think violent criminals shouldn’t be incarcerated.

#Underincarceration is white supremacist because it results in thousands of innocent black crime victims.
Seems to have worked pretty well until we let criminal justice “reformers” make things worse starting 2015ish, when the incarceration rate started going down and the unincarcerated criminals caused the homicide rate to go up, a problem that exploded post-Floyd, killing 1000s.
Yes, there’s #underincarceration when the official Alameda County policy is probation for sexual assault and a 15-year plea deal for a mass murderer. libertyunyielding.com/2023/03/08/ser…

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More from @tedfrank

(((tedfrank))) Profile picture
May 8, 2022
Kavanaugh is due for an 8-digit inheritance and has a pension worth millions. It was economically rational for him to borrow to smooth lifetime consumption. And he got a big lump sum of back pay in a class action award. Any credit card conspiracy theory is #BlueAnon.
Note also that Kavanaugh’s multimillionaire parents can give their only child Kavanaugh, his wife, and his two kids $128,000 in 2022 without incurring gift taxes (and similar smaller amounts in previous years), and it would never appear on a government disclosure form.
Read 4 tweets
(((tedfrank))) Profile picture
May 8, 2022
Can someone explain to me the practical difference in state abortion law in 2023 between the hypothetical Roberts opinion upholding the MS law without “overturning Roe” and five justices signing on to the Alito draft with minor tweaks? Seems more like 90% of a loaf than half.
Like, it’s not like the Left would look at the hypothetical 4-2-3 or 3-3-3 Roberts decision as they’ve dodged a bullet. Why would a conservative clerk risk his career for that? Not like state bars give conservatives the benefit of the doubt.
And the Left is sure acting like they think the leak helps them, rather than Alito. Various lefty hacks praised the leaker as a hero or complained about the Roberts investigation. And do Nina and @cshaplaw think protestors at justices’ homes are doing a FedSoc clerk’s bidding?
Read 4 tweets
(((tedfrank))) Profile picture
Apr 27, 2022
My favorite part of the 30 hours I waste every two years on CLE is finding and taking the class that discusses the cases I’ve won in the last eleven years. Today’s air flight presents that occasion to listen to a downloaded lecture.
And, score, the lecturer remembered to put the words “Ethical Duties” in the title, so I get professional responsibility credit.

Wonder if he’ll mention that no class counsel has ever faced disciplinary consequences for unquestionably unethical Rule 23(e) behavior.
Wow, courts must find class settlements to be fair, reasonable, and adequate. #CLE #education
Read 11 tweets
(((tedfrank))) Profile picture
Mar 23, 2022
Jackson’s decision in US v Hawkins was in 2013. Hawkins is in his 20s now, and would’ve been out of prison for 8 years. Did he reoffend? Is he a productive member of society today?

I don’t know, but it seems like a more fruitful journalistic inquiry than each side’s punditry.
Seems like a real slam dunk for one side or the other: “KBJ was soft on crime and there were innocent victims as a result” or “KBJ wisely accounted for the particularities of the case in front of her and now Hawkins is a family man with a job.” Which is it? Why is no one asking?
I disagree.

If Hawkins became a serial child rapist, I think it’s a scandal worse than Willie Horton and either kills her nomination or is a big midterm commercial if she passes 51-50.

If Hawkins is entirely reformed and can give a sympathetic tv interview, it vindicates KBJ.
Read 11 tweets
(((tedfrank))) Profile picture
Mar 5, 2022
But you know whose LSAT score I really want to see? Joe Biden’s.
Kamala Harris went to UC Hastings on an “opportunity” program, suggesting her LSAT was below the ~36 median for that law school. (Also, an African-American who got a 36 LSAT in 1986 would have ended up at a Georgetown-level law school.) Harris went on to flunk the bar.
John Kerry must have had an abysmal LSAT, when, as a nationally known celebrity with a political valence popular among law professors at a time when not many people were applying to law school, that plus-factor could only get him into BC Law. (But his Yale grades were poor.)
Read 8 tweets
(((tedfrank))) Profile picture
Feb 1, 2022
The suit seems meritless on its face. Flores has a plausible case that the Dolphins owner is an unfair jerk and that the Giants violated the Rooney Rule: but there’s no federal cause of action for either.

The class allegations have fatal typicality and commonality problems.
Now, there’s dirty laundry here, and some owners might get disciplined by the NFL over it. Previous violations of the Rooney Rule resulted in a six digit fine; I’d expect a seven-digit fine here if the Giants conducted a sham interview.
And the NFL might settle out of embarrassment, like they did the concussion litigation.
Read 9 tweets

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