AP: Chief Justice Roberts: Technology poses challenge for court: WELLINGTON, New Zealand (AP) — U.S. Supreme Court Chief Justice John Roberts said Wednesday he thinks rapidly advancing technology poses one of the biggest challenges for the high court. Speaking at … Continue reading →
AP: Chief Justice Roberts: Technology poses challenge for court
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Houston Sex Crimes: Texas Laws and Examples
Most Texans think of law enforcement professionals as those who protect us. Sometimes, the very people we count on to keep us safe do us harm. A recent news story shows just how much harm a public officer can allegedly do. This defendant needs the best criminal defense attorney or legal team he can assemble. He’s facing multiple criminal counts in Georgia that could put him behind bars for the rest of his life. In this post, we discuss the crimes a former Harris County, GA’s sheriff’s deputy is facing, how a seasoned criminal defense attorney would investigate the crimes, and the possible outcomes if the individual is convicted. Keep in mind that, although these crimes allegedly occurred in Georgia, there aren’t major differences in how an experienced criminal defense attorney in Houston, TX would prepare the case for trial. Case involving a former Harris County Sheriff’s Deputy In 2016, the Georgia Bureau of Investigation (GBI) recently arrested a…
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In Re: Two Email Accounts Stored At Google, Inc.
This post examines a recent opinion a U.S. Magistrate Judgewho is assigned to the U.S. District Court for the Eastern District ofWisconsin issued in a civil case. As Wikipedia explains, “The United States district courts are the general trial courts of the United States federal court system.” The Judge begins the opinion by explaining that[i]n 1986, spurred by concerns that the then-current law was `hopelessly out of date,’ S. REP. 99-541, 2, 1986 U.S.C.C.A.N. 3555, 3556, Congress amended the Omnibus Crime Control and Safe Streets Act of 1968 with the Electronic Communications Privacy Act. PL 99–508 (HR 4952), PL 99–508, October 21, 1986, 100 Stat 1848. Included in the Act was the Stored Communications Act (SCA). At the time the SCA was enacted, the internet did not exist in any practical sense and email was in its infancy. See S. REP. 99-541, 8, 1986 U.S.C.C.A.N. 3555, 3562, 3563-65 (describing remote computer services,…
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CA10: Def didn’t submit to police authority until after his furtive movements under the car seat
Police officers pulled into a bar’s parking lot from different directions looking for criminal activity. When they pulled up behind him, defendant did not submit to police authority until after his furtive movements under the seat, where a gun was … Continue reading →
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Should States Get Rid of Cash Bail Systems?
As PBS reports, the cash bail system is the norm in most states, but it is not without its critics Everyone had heard the term “bail,” but do you really know what it means? In most jurisdictions in the country, when you’re arrested and charged with a crime, the court has the option to set bail. This is a specific amount of money you pay to the court to obtain your release from jail while you await the next step in your case — usually a court proceeding, such as a trial. Courts set the bail amount depending on a variety of factors, including the seriousness of the alleged crime, the person’s criminal past, how long they’ve resided in the community, and any history of drug or alcohol-related convictions. Basically, the court tries to assess if the person is likely to skip town and attempt to avoid prosecution. If the criminal charge is something non-violent, such as passing bad checks, bail is likely to be set quite low. But if the charge is…
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Why Pay for Legal Advice in Chicago
Some defendants who are deemed to be indigent might be debating whether it is worth their while to get an attorney to represent them in a criminal case. They might rationalize their decision on the basis that there is a good alternative for making use of the public defender or any other court-appointed attorney for legal advice. That is not something that we would advise. You should have legal representation of some sort in any case . If you can, make sure that you hire one because someone whom you have paid is within your control. You can motivate or demotivate them using the payments that are advanced. The public defenders are only there due to a service calling and their obligations as professionals. That means that their work is mainly guided by the strictures of the institutions within which they operate. Those strictures may not necessarily be in the best interest of the defendant. For example, following an outcry about authorities that are lenient on criminals, there…
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Sex offenders now pay the cost of supervision
7-26-17 Wyoming: Previous source of cash has run dry, so the state charges registrants for every change of status. A new Wyoming law means sex offenders must now pay to register or make changes to their registration. If they ignore the new law, they’re subject to criminal charges. It’s a big change for both offenders and law enforcement. In Teton County, where many residents are transient, the
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NJ: Waiting for a SW isn’t exigency to enter a home, but that wasn’t clearly established in 2008 for § 1983 purposes
In 2008, officers entered and seized plaintiff’s home while waiting for a search warrant. In a § 1983 and N.J. Civil Rights Act case, it was not clearly established at the time that that was unreasonable. He gets qualified immunity, … Continue reading →
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Law.com: Roberts Is Uneasy About Invasive Police Devices, Gorsuch Has His Back
Law.com: Roberts Is Uneasy About Invasive Police Devices, Gorsuch Has His Back by Marsha Coyle: Chief Justice John Roberts Jr. on Wednesday in New Zealand voiced concerns about the privacy implications of new technology that allows police to “see through … Continue reading →
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Healthism in the Current Political Climate
Jessica L. Roberts & Elizabeth Weeks Leonard, What Is (and Isn’t) Healthism, 50 Ga. L. Rev. 833 (2016), available at SSRN. Jacqueline Fox As we are all aware, the current political time is one of great upheaval and unsureness in numerous areas, with health care and the health care system repeatedly taking center stage. The change in the presidential administration coupled with the Republican majority in both houses of Congress have led to many new approaches to the health care system being proposed, debated, hurriedly being voted on, amended, withdrawn, and subjected to a hot and passionate debate. As this is going on, recent polling has made it clear that a significant percentage of the voting population in this country had no or minimal understanding about how health care laws affect them and their loved ones, leading to a pattern of voting in the 2016 elections that often appeared to be against voters’ self-interest. As we grapple with analyzing and…
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Are Your Employees Committing Fraud?
Fraud is big business. Companies are most at risk of fraud from their employees, since they have access to information and assets. On average, companies lose 5% to 6% of their revenues to internal fraud. This means that a company with sales of $50 million is likely losing $2.5 million to $3 million each year to employees with sticky fingers. In this age of amazing shrinking profit margins, 5% or 6% could mean the difference between being in the red or in the black. You might be thinking that your company has never had that much stolen in one year. Correction: You don’t know if you’ve had that much stolen by employees. Companies can’t quantify exactly how much has been stolen from them, because they simply are not aware of all the frauds committed. The average is 6 percent, and it’s based upon a consideration of the known and unknown frauds in companies. Don’t get caught in the trap of thinking that your company is much better than average. As…
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James White on 'small tyrannies' and Texas' 'criminal-justice dividend'
In the latest "Reasonably Suspicious" podcast from Just Liberty, we broadcast a brief excerpt from a conversation between me and Texas House Corrections Committee Chairman James White. Here's our full conversation, for anyone interested: Find a transcript below the jump:Transcript: Interview of Texas House Corrections Committee Chairman James White by Scott Henson, 7-18-17Scott Henson: All right Chairman White. I wanted to ask you about criminal justice politics in America and the Republican Party today in particular. We're at this strange moment where every issue, it seems like, is splintered across a vast array of axes, whether it's criminal justice or really any other topic you can think of. It's not just a partisan issue, one party versus the other. Within each party there are enormous differences. And on criminal justice, we're in this moment where we have the president talking about “American Carnage” and the…
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Bond Forfeiture in Texas | Bond Revocations and Forfeitures
Last month, the mother of the so-called “affluenza teen” found herself in front of a judge in the middle of a media firestorm for allegedly carrying a rifle at a gun show and sipping a beer in a bar. Normally in Texas, no one would bat an eye at this alleged behavior. Problem was, she was free on bond while awaiting trial on hindering apprehension of a felon and money laundering, stemming from allegations she fled to Mexico with her son. She was under strict instructions by the judge to follow certain bond conditions. So when word got out that she was allegedly carrying a gun and drinking, prosecutors quickly filed a motion to “revoke bond.” That is, they wanted to have her put in jail until her trial. After a hearing, the Judge denied their request and allowed her to remain free, but the case put the issue of bond revocations into the spotlight. Here’s a crash course on bond revocations in Texas, including ways to avoid them. What is a bail bond?…
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Bond Forfeiture in Texas | Bond Revocations and Forfeitures
Last month, the mother of the so-called “affluenza teen” found herself in front of a judge in the middle of a media firestorm for allegedly carrying a rifle at a gun show and sipping a beer in a bar. Normally in Texas, no one would bat an eye at this alleged behavior. Problem was, she was free on bond while awaiting trial on hindering apprehension of a felon and money laundering, stemming from allegations she fled to Mexico with her son. She was under strict instructions by the judge to follow certain bond conditions. So when word got out that she was allegedly carrying a gun and drinking, prosecutors quickly filed a motion to “revoke bond.” That is, they wanted to have her put in jail until her trial. After a hearing, the Judge denied their request and allowed her to remain free, but the case put the issue of bond revocations into the spotlight. Here’s a crash course on bond revocations in Texas, including ways to avoid them. What is a bail bond?…
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Huelga Magisterial
¿Se pudo evitar al huelga de los profesores? ¿Se puede evitar la huelga del personal administrativo del Poder Judicial? ¿Se pudo evitar la huelga de los médicos del MINSA? ¡Se pueden evitar las huelgas? LA RESPUESTA ES SÍ y no se necesita varita mágica, veamos: El Estado NO es una empresa pero se parece mucho a una, tiene un Presidente de Directorio, Diecinueve Gerencias Generales y otras tantas sub-gerencias regionales, provinciales y distritales. Es imposible que un País pueda ser dirigido por una sola persona y la planificación es FUNDAMENTAL, les pongo un ejemplo: Yurimaguas NO necesita hoy un Hospital de las dimensiones del Edgardo Rebagliatti de Lima, construirlo sería perder dinero, pero dentro de treinta o cuarenta años puede resultar insuficiente para la atención de la salud tanto preventiva como sanadora, en consecuencia, podemos construir un Hospital de dos pisos…
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Pennsylvania Announces Practitioner Registry for Medical Marijuana Program
In a July 26, 2017 Press Release, the Pennsylvania Department of Health announced the opening of its Practitioner Registry. This marks the next critical step in implementing Pennsylvania’s Medical Marijuana Program, which the DOH expects to be fully operational by 2018. Physicians can find out more about the Medical Marijuana Program here and complete the Registry here. Copyright: megaflopp / 123RF Stock PhotoLast month, the DOH released final Regulations for Physicians and is now officially soliciting doctors to participate in the program. The role of physicians is essential for patients who wish to use medical marijuana, as Pennsylvania law requires every patient to receive a “Certification” from a licensed practitioner that the patient has a “serious medical condition” and that the use of medical marijuana would benefit the patient. See 35 P.S. § 10231.403. Under the current Regulations, the registry will be publicly…
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Dubber on Legal History
Markus D. Dubber (University of Toronto - Faculty of Law) has posted Legal History As Legal Scholarship: Doctrinalism, Interdisciplinarity, and Critical Analysis of Law (Oxford Handbook of Historical Legal Research, 2016) on SSRN. Here is the abstract: Legal history is...
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Discrimination in Job Application and Hiring Practices
The job market is highly competitive in San Jose and the surrounding area, with an abundance of experienced, highly qualified candidates all vying for the same position. Employers have the right to be specific in what they want in an employee, and to cast a wide net before choosing the person they think would be best suited for the job. At the same time, basing marketing practices and hiring decisions on applicant characteristics, such as age, race, or gender, or refusing jobs to otherwise qualified candidates due to their physical attributes or disabilities are examples of job discrimination that can land a company in hot water. Practices Prohibited When Filling Jobs Discrimination is prohibited not only on the job site, but also in the procedures and practices employers use in filling positions. The Equal Employment Opportunity Commission (EEOC) advises that the following are five areas in which discrimination often occurs: Job Postings and Advertisements: Employers…
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César Puntriano y los derechos laborales
http://elcomercio.pe/opinion/colaboradores/primer-ano-ppk-laboral-cesar-puntriano-noticia-445411 En cuanto al empleo informal en el sector formal, se deben emitir normas que cierren la reposición en el empleo y el cobro de una indemnización adicional a la que corresponde por ley en caso de despido arbitrario. La jurisprudencia debe disminuir los pronunciamientos que vuelven más rígida la legislación laboral e incentivan la precarización en el empleo. Se avanzó en flexibilizar las normas sobre seguridad ocupacional, pero aún existen exigencias irreales para las mypes que deben modificarse”. MI OPINIÓN El señor que ha escrito el artículo cuyo enlace comparto así como uno de sus párrafos es un desconocido para este Abogado. Naturalmente todos los peruanos tenemos derecho a opinar incluso para escribir sandeces que otorgan “regalías” en el sector…
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PA: Conflict of laws: PA law applies as site of crime even though blood draw in NY
Defendant had a DUI accident in Pennsylvania and his blood was drawn at an ER in New York for medical purposes. New York law would exclude the evidence, but Pennsylvania law would not because the doctor-patient privileged doesn’t apply in … Continue reading →
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