Shon R. Hopwood

Shon R. Hopwood

shonhopwood@hotmail.com

Website: http://www.thecocklebur.com

Shon R Hopwood’s unusual legal journey began not at law school, but federal prison, where he learned to write briefs for other prisoners. Two petitions for certiorari he prepared were later granted review by the United States Supreme Court, and the story of his legal success was the subject of articles in the New York Times, the Saturday Evening Post, and Above the Law. His work has been published in the Harvard Civil Rights-Civil Liberties and Fordham Law Reviews.

He is a consultant at Cockle Law Brief Printing Company, and a student and Gates Public Service Scholar at the University of Washington School of Law.

In August of 2012, Crown/Random House will publish his memoir entitled "Law Man: My Story of Robbing Banks, Winning Supreme Cases and Finding Redemption."

Through a decade of letters, Shon convinced his kind and beautiful wife, Ann Marie, to marry him. He has one cute but incredibly ornery son, Mark Raymond, and a precious and beautiful baby girl, Grace. Shon enjoys liberty, the writing of the Apostle Paul, Amy Hempel, and Raymond Carver, the music of Radiohead, and watching the Nebraska Cornhuskers football team.

Recent Posts:

Legal Education in Crisis?

At the New York Times, Professor Stanley Fish discusses the state of legal education. Fish writes: Uneasiness about the state of legal education has been around for some time, but in the wake of the financial meltdown of 2008, uneasiness ripened into a conviction that something was terribly wrong as law school applications declined, thousands of [...]

UCLA Law Professors Duel at the Supreme Court

On Wednesday, the Supreme Court will hear arguments in United States v. Alvarez. At issue in this case is whether the Stolen Valor Act, 18 U.S.C. § 704(b)–which makes it a crime to falsely represent that you have been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States–is [...]

Law Man: My Story of Robbing Banks, Winning Supreme Court Cases, and Finding Redemption

Most of you who read the CockleBur frequently know that I have a memoir that Crown/Random House is publishing. Well, we now have a definitive publication date: August 7th. Annie and I will be busy between now and then promoting the book from a number of angles. If major promotional stuff comes up, I will [...]

The Rise and Decline of Miranda

I completely dropped the ball on this one. Back in October, University of Michigan Law Professor Yale Kamisar came to UW to talk about Miranda. If you have gone to law school in the past two or three decades, you have probably heard of the professor. His Modern Criminal Procedure book is the standard bearer [...]

My Son’s First Sadness

When people have their first children, they tend to remember the big things, like first steps, words, bumps on the head. Me, I tend to remember the little things. My son, Mark, usually has two standard emotions. When well fed, rested and receiving attention, he is generally a happy kid. When hungry, tired, or sick of [...]

Oral Arguments But No Briefs

In between reading gems, such as first-year law school textbooks, I’ve been reading David C. Frederick’s book, Supreme Court And Appellate Advocacy. The book starts with a historical narrative of the Supreme Court. Surprisingly, the first decades of Supreme Court practice were geared around oral argument, and not written briefs. In fact, there were no written briefs! And [...]

The Way in Which Federal Prosecutors Charge Offenses Leads to Different Sentences Between White and Black Males

Professors Marit Rehavi and Sonja Starr recently published this piece, entitled Racial Disparity in Federal Criminal Charging and Its Sentencing Consequences.  After analyzing data, the professors concluded that federal prosecutors charge offenders differently by race, and those charging differences often lead to disparities in sentences. Not surprisingly, men of color are charged, and therefore, sentenced more harshly. Here [...]

The Best Coverage of the Ninth Circuit’s Prop. 8 Ruling

This was a big week for same-sex marriage. On Tuesday, the Ninth Circuit struck down California’s Proposition 8 on equal protection grounds. Then on Wednesday, the state of Washington voted to approve gay marriage. A lot has been written in the last few days and here is some of the best coverage by people on both [...]

Justice Sotomayor on Sesame Street

The New Greenbag Almanac Is Published

The 2012 Greenbag Almanac and Reader was recently published. For those of you who are unfamiliar, the Greenbag is “a quarterly journal of short, readable, useful, and sometimes entertaining legal scholarship.” The Greenbag has a distinguished Board of Advisors that includes Linda Greenhouse, Howard Bashman, Adam Liptak, Judges Alex Kozinki, Diane Wood, and J. Harvie [...]

Recent Comments:

Shon R. Hopwood
I meant to say in the response above this (I typed that response on my phone while on a bus). It doesn't matter if strip searching everyone would make a jail safer. Given the immensely important privacy and personal dignity interests at stake, the state should have to show that searches of people jailed for minor offenses would make the jail SUBSTANTIALLY more safe. Otherwise, its just not reasonable. Especially if they could use a metal detecting wand or some other method to discover weapons. I also just thought of two other things. First, the belief that somehow people would start purposely going to jail to smuggle in weapons just doesn't seem to fly. In every jail or prison I've ever been (and that is a fair share), weapons are plentiful so it wouldn't make much sense for prisoners to want someone to smuggle in a knife when they can get one anyway. What we are really talking about here are smuggling in drugs. Second, if the Supreme Court rules that some people don't have to be strip searched if there is not reasonable suspicion, and then suspicionless people start going to jail just to smuggle in drugs, the one positive result will be this: a more robust jail economy. Because if jail guards have to start competing against arrestees over the introduction of illicit drugs into the jail the prices for all drugs will go down!!! I kid, I kid.

Shon R. Hopwood
Barbara, Yes, I think Advanced Legal Research will be one of the most important classes I could ever take. The reasons are simple. It will make my research my thorough. And it will make me more efficient. So then I will have more time to write for the CockleBur. I can't imagine NOT taking that course. Shon

Shon R. Hopwood
Cyn, I don't know if David is publishing the book in hardcopy, but I will find out for you. Shon

Shon R. Hopwood
It surprises me that you read this article without recognizing the sarcasm. Of course, I am being flip. I made two arguments in the article. First, I think the Affordable Care Act is constitutional under current Supreme Court precedent. Many people that oppose the ACA would likely agree with me. Second, I think the Supreme Court's decisions on the Commerce Clause are WRONG, which is apparently the same thing you are contending. Other than you misunderstanding what I wrote, I completely agree with everything you said. The federal government is too big, controls too much our life, and has moved far beyond the limits placed upon it by the Constitution.

Shon R. Hopwood
Reid, I lived at Fort Myers (when I served in the Navy), which borders next to Arlington Cemetary. I know that the tombstones are not crosses (I have walked around the cemetary almost daily when I lived there). What I was referring to was the Argonne Cross and the Canadian Cross of Sacrifice that sits among the graves. Shon

Shon R. Hopwood
Jacob, This is one of the best speeches I have heard this year. I was particularly impressed with what you did not recommend, which is to have Libertarians shove their ideas down the throats of all who will listen. That is as wise as it is effective.