The big news of the week was President Donald Trump’s unexpected removal of James Comey as FBI director. The News Hour has an overview of the situation here. FBI deputy director Andrew McCabe will take over for Comey until a new director is appointed by President Trump and confirmed by the Senate. There have been seven full-time directors of the Bureau since 1935; this is only the second time that a director has been fired. Keep reading for more news. Callahan Funeral. The News & Observer reports that more than 500 people attended a funeral for Sergeant Meggan Callahan in Edenton last week. As the News Roundup previously noted, Callahan was killed by an inmate while on duty at Bertie Correctional Institution a few weeks ago. Serial Shooter. Police in Phoenix announced this week that they have arrested a man suspected of committing a series of fatal shootings in the city. The Arizona Republic reports that Aaron Juan…
News Roundup
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The Talk, Codified
Some cops will hate this. They will rail about how this teaches young people to think cops aren’t there to protect them, to serve them. They’ll mumble about the War on Cops and how young people should respect them because, well, people should just respect cops because reasons. Such fragile teacups, guns and shields notwithstanding. The Talk. Black parents have been giving it to their black children for ages because they love their kids and want to keep them alive. Is it a shame they need to do this? Of course, but the shame isn’t that they give The Talk, but that they need to give The Talk. But they do. [Virginia Assembly Delegate Jeion] Ward crafted a bill requiring driver’s education classes to teach students how to handle themselves during a traffic stop. On Monday, Gov. Terry McAuliffe (D) signed Ward’s bill into law, making Virginia one of only a handful of states grappling with an issue made urgent by the high-profile wave of police-related…
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ABAJ: ABA expresses concern about border searches of lawyer laptops and other electronic devices
ABAJ: ABA expresses concern about border searches of lawyer laptops and other electronic devices by Debra Cassens Weiss: ABA President Linda Klein is expressing serious concern about standards that permit searches of lawyer laptops and other electronic devices at the … Continue reading →
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Short Take: For The Children, Any Source Will Do
At Reason, Elizabeth Nolan Brown describes the execution of the “Human Trafficking” warrant: “Everybody’s like, ‘Don’t move, don’t move or we’ll shoot you,'” Noel Navarete told local 4 News. His brother Isaias, 18, said he was in the bathroom when police kicked down the door. According to family matriarch Maria Navarete, police told her to “shut up, you have no rights” when she asked what was happening. She claims police never showed her or anyone in the household a warrant. Nothing surprising there, as being polite and gracious in the exercise of brute force isn’t part of the deal. And when the crime underlying the warrant is “human trafficking,” one of those phrases that catches in a person’s throat because it sounds so horrifying, who can blame the cops for not being genteel in their actions. Even if the people who are on the business end of their force are the children…
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Motherboard: This Is the Secret Court Order That Forced the NSA to Delete the Data It Collected About You
Motherboard: This Is the Secret Court Order That Forced the NSA to Delete the Data It Collected About You The court found an “institutional lack of candor on NSA’s part and emphasized that this is a very serious Fourth Amendment … Continue reading →
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A Benefit Theory of Tort Law
Alex Stein, The Domain of Torts, 117 Colum. L. Rev. 535 (forthcoming 2017), available at SSRN. Mark Geistfeld Scholars seeking to interpret the common law of torts typically take a position on the merits of fairness or rights-based rationales for liability as contrasted to welfarist or efficiency-based rationales. Rejecting this fairness versus efficiency framework, Alex Stein defends an original thesis in his forthcoming article, The Domain of Torts: fair tort rules do not contradict or stand in tension with efficient tort rules; each type of rule instead “implement[s] different regulatory mechanisms—private and public—and appl[ies] to different kinds of accidents.” (P. 541.) Tort law is comprised of both fair and efficient tort rules that govern different domains, eliminating any conflict between them. Although I’m not persuaded, Stein’s article requires one to consider important issues from a fresh perspective and deserves to be widely…
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Constitution Center: A Twenty-First Century Framework for Digital Privacy
Constitution Center: A Twenty-First Century Framework for Digital Privacy: Balancing Privacy and Security in the Digital Age by Jeffrey Rosen: Introduction: A Twenty-First Century Framework for Digital Privacy At the beginning of the twenty-first century, breathtaking changes in technology pose … Continue reading →
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Book: Lifestyle Analysis in Divorce Cases
Tracy Coenen talks about her book, “Lifestyle Analysis in Divorce Cases: Investigating Spending and Finding Hidden Income and Assets.” The book was published by the American Bar Association shares her insight on uncovering financial details to ensure that divorce settlements are fair and equitable. A forensic accountant and fraud investigator, Coenen wrote the book to arm lawyers with a powerful tool when valuing and dividing property in complex divorce cases.
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REFLEXIONEMOS JUNTOS
Stephen Hawkins ha vaticinado, pronosticado, advertido o afirmado que la humanidad tiene cien años para abandonar el planeta –no he leído la nota- el título es suficiente a efectos de la reflexión a la que con todo respeto invito, especialmente a los líderes mundiales. Ahora, sobre que reflexionaremos, EL PODER, sin embargo, hacerlo desde mi punto de vista absolutamente contrario a la forma como se ejerce, no constituiría propiamente una reflexión sino las quejas que da por sentada una realidad que no nos gusta, luego partiremos del ejemplo, nada mejor que una película norteamericana de los años treinta. Soy aficionado al Cine pero hace muchos años que sólo veo películas en la TV muchas de estupenda calidad no era fácil escoger una que me pueda servir de referente para que todos meditemos sobre el argumento. De las que se proyectaban en blanco y negro (las he…
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AG Sessions issues new tougher charging and sentencing guidelines to federal prosecutors
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Fire Blocking Traffic on I84
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 5/12/2017 7:35 a.m. Please direct questions to the District Office At this time, the Idaho State Police, Minidoka County Sheriff, and West End Fire Department are on scene of a semi truck fire eastbound on I84 at milepost 204, four miles west of Burley. Traffic is stopped due to the fire. More information will be relayed as it becomes available. 3413/3725 -------------
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Jeff Sessions Returns DOJ to Sound Charging Policy
Attorney General Sessions has issued a charging directive to federal prosecutors. The heart of it is this:[I]t is a core principle that prosecutors should charge and pursue the most serious, readily provable offense. This policy affirms our responsibility to enforce the law, is moral and just, and produces consistency. This policy fully utilizes the tools Congress has given us. By definition, the most serious offenses are those that carry the most substantial guidelines sentence, including mandatory minimum sentences.There will be circumstances in which good judgment would lead a prosecutor to conclude that a strict application of the above charging policy is not warranted. In that case, prosecutors should carefully consider whether an exception may be justified. Consistent with longstanding Department of Justice policy, any decision to vary from the policy must be approved by a United States Attorney or Assistant Attorney General, or a supervisor…
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Update - Fire Blocking Traffic on I84
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 5/12/2017 8:00 a.m. Please direct questions to the District Office Update: ------------------- The fire is out and traffic is flowing in the left lane, however, there is still significant delays and backup. More information will be relayed as it becomes available. 3413/3725 Original release: -------------------- At this time, the Idaho State Police, Minidoka County Sheriff, and West End Fire Department are on scene of a semi truck fire eastbound on I84 at milepost 204, four miles west of Burley. Traffic is stopped due to the fire. More information will be relayed as it becomes available. 3413/3725 -------------
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Legislation updating, streamlining sex offender registration becomes law
“The purpose of the sex offender registry continues to be public safety—to make sure law enforcement knows where registered sex offenders are living, and making that information available to our citizens.” This is a Political Ruse, knowing where these folks live does not protect the public; Politicians want folks to believe that, but explain how that registry protects anyone! It doesn't! How
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D.Ariz.: In a rare departure from the norm, court finds there was no RS for def’s stop near the border
Based on the totality of circumstances (“(1) characteristics of the area; (2) proximity to the border; (3) usual patterns of traffic and time of day; (4) previous alien or drug smuggling in the area; (5) behavior of the driver, including … Continue reading →
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PERSON OF THE WEEK MAY 12, 2017
It was a quiet week at the REGJB this week...at least for us. We almost picked FACDL, Miami Chapter who will be having their annual soiree tomorrow night. Lawyers will gather and hold their cheap chardonnay and tell each each other with wine-induced grins, "for all we do...this chardonnay's for you."But then this email crossed our desk from FACDL:Chief Judge Soto is commissioning the creation a back-up county court trial division. The hope is for this division to be operational in January 2018. AOC, along with representatives from the SAO, PDO and FACDL-Miami will participate on a committee to work out the details. One of the primary objectives of this division is to alleviate the backlog in our jail divisions so clients can have their trials quicker. The impact on regular divisions should be minimal. More details will be shared as they become available.So Judge Soto, for working to alleviate the backlog in the misdemeanor jail division- You are our REGJB…
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Roncagliolo y una cita con la inmoralidad
http://elcomercio.pe/opinion/columnistas/perdedores-santiago-roncagliolo-noticia-1991033 Santiago Roncagliolo al igual que Jorge Bruce (La República hace muchos días) menciona en el artículo del enlace que comparto a “los perdedores”, en el caso de Bruce su comentario es más general en cuanto al concepto “perdedores” y esa generalidad lo lleva a equivocarse, Rocagliolo se centra en la película que hoy comenta y:……… un par de párrafos del artículo: “La última tarde” retrata la derrota inapelable de quienes pensaron que este país solo podía cambiarse por las armas. Los personajes de la película se salvaron de la cárcel y la tortura, pero lo perdieron todo: sus sueños, sus amores, su identidad. Se plantearon metas tan inalcanzables que se condenaron a sí mismos a la melancolía. Ahora tienen que…
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1 in 7 U.S. Prisoners Now in for Life
According to a new report by the Sentencing Project, there are now 206,268 life-sentenced prisoners in the United States, amounting to one in every seven inmates. As a result of a long-term national crime decline and years of effort in many states to divert nonviolent drug offenders from prison, the nation’s overall incarcerated population has been slowly dropping in recent years. However, the number of life-sentenced inmates has continued its seemingly inexorable increase. The Sentencing Project has helpfully tracked life-sentence trends in a series of reports since 2004, but the new publication includes a valuable addition to the data: those inmates who do not formally have a life sentence, but whose prison terms are so long that they may be fairly characterized as life sentences anyway. The Sentencing Project defines these “virtual life” sentences as those involving prison terms of at least fifty years. Given an average age at arrest of thirty for violent…
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What Kind of Notice Should Universities Give Students Facing Title IX Charges?
In the world of disciplinary hearings under Title IX, the process for students accused of sexual harassment or sexual assault on campus often begins this way: an accused student (the “respondent” in campus disciplinary parlance) is called into a meeting with a school administrator and informed of a disciplinary charge that could result in expulsion. At most schools, the information that the school provides about the actual charge consists of the date of the alleged event (or a range of dates); the identity of the complainant (the student who is making the accusation) and the provision of the student code that the respondent allegedly violated, or another summary description such as “non-consensual sexual conduct.” In practice, this information is often not sufficient to allow the respondent to identify the actions that the school is investigating, particularly where the allegations stem from a long-term romantic relationship with the complainant, much…
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GA: Smell of MJ on def’s person and not in his truck justified search of person
During a traffic stop, the officer noticed that defendant’s eyes were bloodshot and glassy, and his taste buds were white and risen. The officer smelled raw marijuana when he approached defendant’s truck; noticed that the odor dissipated during the search … Continue reading →
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