Janie Chuang, Giving as Governance? Philanthrocapitalism and Modern-Day Slavery Abolitionism, 62 UCLA L. Rev. 1516 (2015). Jaya Ramji-Nogales As immigrant communities and immigrants’ rights advocates stare down the barrel of the Trump administration, anti-trafficking appears to be the sole immigration-related issue that might gain bipartisan traction. As has historically been the case with refugees and asylum seekers, Democrats and Republicans may find common ground in concern over the situation of trafficked individuals, especially those subject to sexual trafficking. Refugee advocates and scholars have long raised concerns about the impact of collaborations with strange bedfellows on law and policy-making. Janie Chuang’s article, Giving as Governance? Philanthrocapitalism and Modern-Day Slavery Abolitionism, raises a similar set of worries around the anti-trafficking agenda, introducing a new character to the cast: the philanthrocapitalist. This piece presents…
Who Should Set the Anti-Trafficking Agenda?
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FBI Investigations and DOJ Prosecutions: Fighting for Your Privacy Rights
Of paramount concern to criminal defense attorneys is protecting due process and making sure that any investigation and prosecution by the government abides by constitutional protections like limited police powers, the right to privacy, and search and seizure protocols. Criminal Defense and Privacy Protections This is true for the underlying investigation into criminal activity. It is also vital for communications between the criminal defense lawyer and his client. See, Privacy of Lawyer-Client Communications In Danger: The Growing Need For Greater Protections Of Communications Between Attorney And Client. Today, more and more, the fight to defend clients against government intrusion is getting bigger. Consider what is happening right now regarding federal investigatory powers and the actions of federal agencies tasked with assisting federal prosecutors in building their case. Here are three examples. ________________________________ 1. …
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UC Berkeley And The 20,000 Broken Promises
The early days of the internet made a promise to America and the world, that it would eventually provide access to the accumulated wisdom of mankind. Our art. Our music. Our ideas. Our knowledge. All of it. There for the taking, should you choose to partake. They were heady times. As the mothership of social justice, UC Berkeley found itself in an awkward position when the Department of Justice dropped the hammer on its free online content. Berkeley’s response was a threat: let it go or else. The University of California, Berkeley has announced that it may eliminate free online content rather than comply with a U.S. Justice Department order that it make the content accessible to those with disabilities. DoJ refused to blink, as it had law, the Americans with Disabilities Act, and the demands of social justice on its side. It would not acquiesce. Berkeley made good on its promise. On March 15, the university will begin removing the more than 20,000 audio and video…
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Feds Indict Seven Baltimore Cops
The U.S. Attorney recently announced that seven Baltimore City police officers have been indicted on numerous felony charges, and the fallout has already extended beyond the cops’ alleged criminal acts. A federal grand jury returned the indictment back in February, but it was sealed until agents had the opportunity to execute search and arrest warrants. All seven have been arrested and remain in custody after a judge denied bail pending trial. While bail is typically granted for a defendant with no prior criminal record that is not facing a capital offense or violent life felony, prosecutors made the argument that these defendants, who served on the gun trace task force together, were especially dangerous to the public and possessed unique training that would make them flight risks. Defense lawyers for the accused countered by arguing that the charges were blown out of proportion, but the federal magistrate judge was not convinced and stated that no conditions of bail or…
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The TSA’s Longer And Stickier Fingers
Not everyone who passes through a TSA checkpoint upon entering (or, when they totally screw up, even as passengers are leaving the airport) the secure area of an airport has an unpleasant experience. And who doesn’t want them to catch a terrorist, even though they’ve never actually done so. But for those who have enjoyed the euphemistically-challenged deeply personal hard work of TSA agents to play their role in security theater protect you, they aren’t nearly as much fun as some might believe. One aspect (of many) that has been particularly troubling is the way that the TSA has basically enabled sexual assault of travelers. If you felt that wasn’t too bad, have no fear, the TSA is apparently increasing the sexual assaulty nature of these searches: The new physical touching—for those selected to have a pat-down—will be be what the federal agency officially describes as a more “comprehensive” physical screening, according to a…
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Bail bondsmen fear losing business: Plan bitter fight vs. bail bill, litigation
We see here that bail bondsmen are gearing up to fight the Whitmire/Murr bail reform bill filed this week as well as to counter bail litigation in Houston.At the Lege, the bail industry's arguments are all about the important services they provide and how much they contribute to public safety. Among themselves, though, their vested interests are more explicit. From a "P.S." to a fundraising request: "Please understand that you, your family and your employees are facing being unemployed. This is as serious as it gets."The same complaints, of course, were being made by buggy whip manufacturers at the inception of the automobile, not to mention candle makers upon the invention of Edison's light bulb. When you provide an obsolete service, eventually demand for it dries up, which is what could possibly happen now to the bail industry in Texas.The Whitmire/Murr bill won't really eliminate the bail industry, of course, just focus it on more serious…
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DEBATE EN LA LUCHA POR LAS IDEAS
http://elcomercio.pe/opinion/columnistas/antidoto-vena-carmen-mcevoy-noticia-1974192?ref=portada_home “En un país como el nuestro, que ocupa el tercer lugar en violencia contra la mujer, no es fácil ser tolerante con los que se permiten maltratar no solo a un presidente o a una ministra sino a millones de peruanos que no aceptan su fundamentalismo. Temores existen entre todos los padres del mundo y urge ser comprensivos en una sociedad tan fracturada como la nuestra. Sin embargo, que un intento –bueno o regular– contra una discriminación inocultable sea percibido como un acto “homosexualizador” es ir contra las reglas básicas del sentido común y la razón.” Comenté el día de ayer el artículo del señor Raúl Zegarra, hoy la señora Carmen Mcevoy muy culta ella, nos dice sin exponerlo literalmente la necesidad del diálogo en la medida que las…
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Jury Secrecy Might Not Be Guaranteed After all
Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?” Lots of juicy television police procedurals spend time showing what goes on during jury deliberations. The deliberations often make for good television because of the interest people have in what goes on behind the scenes, a space usually out of view to most people. It’s fun to imagine what real jurors have to say to one another, something that in the real world, criminal defendants don’t have the luxury of knowing. The reason for the interest is that in almost all cases, a jury’s deliberations are meant to be secret. Continue reading →
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Utah House Passes Bill Restricting Gun Rights for People Convicted of Domestic Violence Crimes
Utah is known for its lenient gun laws. Nonetheless, a proposed bill to restrict gun ownership rights for people named in restraining orders or convicted of domestic violence unanimously passed the Utah House, whose members voted 68-0 in favor of the bill, HB206. The bill now moves to the Utah State Senate for consideration. Utah Bill Would Prohibit Gun Ownership for Restraining Order Respondents and Convicted Domestic Violence Offenders If successful, HB206, sponsored by House Minority Leader Brian King (D-Salt Lake City), would prohibit the purchase or possession of firearms by individuals who have been named in protective orders or convicted of domestic violence offenses. Numerous crimes can be deemed acts of domestic violence if they are perpetrated against a cohabitant, or person the offender lives with – typically a family member, spouse, or boyfriend or girlfriend. While most people connect domestic violence with assault, it can also mean,…
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What is Malicious Damage?
In Massachusetts, if you damage, destroy, or vandalize another’s property, you may receive a criminal citation or charge for malicious damage. This type of property damage can include keying a car, graffiti, or even breaking things while involved in a domestic argument. The charge you may be facing following this type of offense is largely dependent on your intentions when you caused the damage. Although a criminal citation may not seem like a serious consequence, keep in mind that it will still result in a criminal record. And a criminal record can negatively impact you for years, potentially affecting your ability to find a job or housing. If you hire a skilled MA defense attorney to defend you against a malicious damage charge, your attorney may be able to get the charge dropped in exchange for paying for damages. This will help you to avoid a criminal record and will keep you out of jail. If, however, the charge is not dropped, you may still be eligible for pretrial…
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Fort Worth Teen Court Uses Mock Courtroom to Prepare for Competition
Kim Le took the witness stand and admitted having beer in her Jeep while hanging out at the park with her younger cousin. The 17-year-old high school student said she knew it was against the law to possess alcohol at her age — including the unopened six-pack police found in the back seat and two open containers found in the console. Despite her honesty, prosecutors didn’t go easy on her. “You agree that your actions were against the peace and dignity of the state?” asked prosecutor Brianna Riddick. “Yes,” responded Le. A short time later, Riddick’s trial partner, Tashaya Clayton, asked Judge Pat Summers to sentence Le to the maximum for being a Minor in Possession of Alcohol. “There was no (legal) reason for her being in possession of alcohol,” Clayton argued before the judge. “We ask for 60 community service hours so the defendant can learn from her mistakes.” A moment later, the courtroom erupted in applause…
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Fort Worth Teen Court Uses Mock Courtroom to Prepare for Competition
Kim Le took the witness stand and admitted having beer in her Jeep while hanging out at the park with her younger cousin. The 17-year-old high school student said she knew it was against the law to possess alcohol at her age — including the unopened six-pack police found in the back seat and two open containers found in the console. Despite her honesty, prosecutors didn’t go easy on her. “You agree that your actions were against the peace and dignity of the state?” asked prosecutor Brianna Riddick. “Yes,” responded Le. A short time later, Riddick’s trial partner, Tashaya Clayton, asked Judge Pat Summers to sentence Le to the maximum for being a Minor in Possession of Alcohol. “There was no (legal) reason for her being in possession of alcohol,” Clayton argued before the judge. “We ask for 60 community service hours so the defendant can learn from her mistakes.” A moment later, the courtroom erupted in applause…
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Dissent from denial of execution stay
Justices Breyer dissented in Ruiz v. Texas on the grounds of "lengthy [death row] incarceration in traumatic conditions, principally permanent solitary confinement.”
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C.D.Cal.: That building inspector’s entry was governed by 4A is clearly established
A municipal building inspector’s entry into plaintiff’s building is governed by the Fourth Amendment and the law is well established. “Red-Tagging” the property for defects facially states a claim for relief and the motion to dismiss is denied. VNT Prop. … Continue reading →
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MO: A body between apartments justified an entry to see if there were other victims
Police get a call about women screaming in yelling and a body between two buildings. They show up and circumstances connect them to an apartment. A community caretaking function search for another victim is proper. State v. Shegog, 2017 Mo. … Continue reading →
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"Can this man successfully treat opioid addiction with marijuana?"
The title of this post comes from this article from The Guardian discussing a controversial new addiction treatment facility that "uses cannabis as a a central part of its treatment plan." It begins: When Joe Schrank got the call six years ago that his friend Greg Giraldo had been found...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/FPiU9FGXvcs" height="1" width="1" alt=""/>
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Terrific summary of terrific Pacific McGeorge School of Law symposium on "Regulating Marijuana at Home and Abroad"
As detailed on this webpage, the University of the Pacific Law Review and Global Center held a symposium last week on "Regulating Marijuana at Home and Abroad." The panels and panelists for the event were are terrific and timely, and the video of the event is available via the website....<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/lnysePAvCic" height="1" width="1" alt=""/>
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Is Pointing a Gun at Someone a Crime?
In short, yes. But it’s not only the gun that matters, it’s the threat. If you threaten a person with physical harm, and the person reasonably believes that you may inflict that harm, that crime is known as “assault.” Whether you point a gun, a knife, or even a closed fist at someone, if he or she fears for their safety, you may be charged with assault. That being said, pointing a gun at someone is more likely to be perceived as a real threat than shaking a closed fist would be. For this reason, an assault charge involving a gun will probably require a more complex defense than would an assault without a deadly weapon. An experienced Boston criminal defense attorney can help you determine how to proceed if you are charged with assault. The sheer presence of a firearm is compelling evidence for the prosecution. Consider the following example: About one year ago, a Maryland police officer was convicted of first and second degree assault after he was caught…
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Florida Supreme Court Affirms Ban on Open Carry of Firearms
In a divided and controversial ruling, the Florida Supreme Court upheld a longstanding ban on people openly carrying firearms in public. The court disagreed with passionate arguments by supporters of the Second Amendment, instead ruling 4-2 that the state law doesn’t impede the exercise of the core right to bear arms. Rather, the law only regulates one manner of how a person can bear arms. The court’s decision is an affirmation of the findings by the 4th District Court of Appeal, which in 2015 decided against a man arrested for open carry of a gun in a holster in St. Lucie County. Defendant in the case, Norman v. Florida, specifically challenged the constitutionality of F.S. 790.053, the state’s open carry law, which has been in effect since 1987. The statute holds that except as otherwise provided, it’s against the law for anyone to openly carry on or about his or her person any gun or electric weapon or other device. In order to be…
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STATE V. BOYD- NO MAINE IMPLIED CONSENT TO BLOOD DRAWS.
STATE V. BOYD- NO MAINE IMPLIED CONSENT TO BLOOD DRAWS. Posted by Edmund R. Folsom March 9, 2017 Recently, in State v. Boyd, 2017 ME 36, the Law Court flatly rejected the idea that Maine’s “implied consent” law can form grounds for a finding that, by driving in Maine, a person consents to the warrantless taking of his or her blood for testing in an OUI case. As background, in Schmerber v. California, 384 U.S. 757 (1966), the U.S. Supreme Court made clear that the taking of a blood sample for analysis in an OUI case is a “search” for purposes of the 4th Amendment to the U.S. Constitution. As a general rule, police are not allowed to conduct a 4th Amendment search without a search warrant. If police do not have a search warrant, the search must be justified by one of the recognized exceptions to the requirement of a warrant. One such exception is the existence of probable cause combined with “exigent…
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