Any parent allowing FGM to be performed on their daughters would lose parental rights under the proposed law. The subject of female genital mutilation is one that has received a lot of air time in Michigan this year. Several instances of this child abuse have been discovered and investigated in the Detroit area recently. This lead to criminal charges and CPS involvement for numerous families and individuals. This subject has been a hot button here in the Great Lakes State. For those of you who may not be familiar with the details of these horrifying cases so far, here is a quick recap of events: 44-year-old Jumana Nagarwala of Northville, who formerly practiced emergency medicine at the Henry Ford Hospital in Detroit, has confessed to performing genital cuttings on two young girls from Minnesota. The girls explained during interviews with Homeland Security agents and CPS workers, that they had been taken to ‘the doctor’, where they lay on…
Female Genital Mutilation Bill Passes The Michigan House
↧
↧
Short Take: Of Last Resort
Howard Wasserman channels Alexis de Tocqueville at PrawfsBlawg in taking the ever-breathless Dahlia Lithwick to task. Dahlia Lithwick wrote about the litigation of the Joe Arpaio pardon, with the district judge hearing from numerous amici about the constitutional validity and effect of the pardon. The article ends by quoting one amicus, Ian Bassin of Project Democracy: “Thankfully, in America it’s the courts who get the last say on what the Constitution allows.” As I have been arguing again and again in defense of judicial departmentalism, this is not true as a normative matter, at least not in the absolute sense in which it is presented here, as simply the way it works in America. The new name for this is lawfare, challenging every decision with which one disagrees in court in the hope that a judge, some judge, any judge, will disagree and use his fiat to supercede the decisions of Congress or the Executive. While the basic notion of judicial…
↧
Alfredo Bullard y el “libre mercado”
Alfredo Bullard y el “libre mercado” El siguiente es el último párrafo del acostumbrado artículo de los sábados de Alfredo Bullard: “Tomemos dos países de la región. Chile es uno de los países con mayor desigualdad de ingresos. Honduras, en cambio, es uno de los países más iguales. Si uno le preguntara a un pobre chileno si prefiere vivir en Honduras donde todos son más iguales (es decir más igualmente pobres), posiblemente preferirá quedarse en Chile. Y es que la gente, antes que ganar lo mismo que otros, lo que busca es ganar más y vivir mejor”. En éste enlace lo pueden leer completo: http://elcomercio.pe/opinion/columnistas/pobres-iguales-alfredo-bullard-noticia-460333 La idea central de Bullard es, sino convencernos, plasmar en blanco y negro lo que hace algunas semanas escribió sobre las relaciones de trabajo que, tiempo…
↧
Newsweek: What the Supreme Court is Doing This Year Under Trump
Newsweek: What the Supreme Court is Doing This Year Under Trump by Linley Sanders
↧
REPEAL AND REPLACE
Breaking: Check out DOM's blog here that Judge Fajardo-Orshan, known to us as Ariana Fajardo- a former ASA and current Judge, is the new front-runner to be US Attorney in SDFLA. ITEM: On September 22, 1862 President Abraham Lincoln issued a preliminary emancipation proclamation order warning the South that he would issue a formal emancipation order for every slave in any state that did not end its rebellion by January 1, 1863. September 22, 2017. The White House. Kellyann Conway (KAC) and DT- POTUS 45. The Oval Office. Television: "Next on Fox and Friends, the shocking proof that Hillary Clinton was not just on a Russian KGB* Agent's Payroll, but she may have had a not too secret affair with a Russian diplomat. Also, why cold winters mean global warming is a hoax. Fox and Friends- fair and balanced. Stay with us..."DT (to himself) I knew it. On the payroll. And having sex. Gonna tweet this now "Lyin Hillary took cash from…
↧
↧
New sentencing hearing ordered for evidence to support identity theft enhancement
In U.S. v Wright the defendant Wright pled guilty to conspiracy to commit wire fraud and aggravated identity theft by filing fraudulent tax returns in the name of identity theft victims in order to obtain the refunds in violation of 18 USC §1349 and possessing 15 or more counterfeit and unauthorized access devised with the intent to defrauds in violation of 18 USC §1029. Other counts involved possession of names and social security number of five different people. The factual proffer of the plea agreement revealed that the IRS discovered fraudulent returns coming from the same Interne Protocol (IP) address what turned out to belong to a Florida apartment that was rented by Wright. The IRS agents executed a search warrant at the apartment where they found person identifying information PII for thousands of people in a number of places in the apartment. After seizing and analyzing the documents, the IRS determined there were 12,124 identities, 331 debit of credit…
↧
MA: Admin search warrant of def’s side yard couldn’t be used for criminal search
Defendant’s house had been damaged by a fire, and local inspectors obtained an administrative inspection warrant to enter the property. An administrative warrant can’t be used, however, for a criminal investigation, and that’s what they did. They went to the … Continue reading →
↧
MI: If the arrest is invalid, the inventory that follows it is invalid
If the arrest is invalid, the inventory that follows it is invalid. People v. Wood, 2017 Mich. App. LEXIS 1482 (Sept. 19, 2017). Defendant’s admission he had open containers in the vehicle justified a search for them, and, after they … Continue reading →
↧
Cal.4: Electronic search condition for probation for attempted robbery was reasonable
An electronic search condition for probation for attempted robbery was reasonable. Defendant didn’t object to a home search condition which is just as onerous. People v. Trujillo, 2017 Cal. App. LEXIS 813 (4th Dist. Sept. 21, 2017): The trial court … Continue reading →
↧
↧
MT: Other than def’s parking on a used car lot being suspicious, no other fact developed to show RS
Defendant’s vehicle was parked on a used car lot, but nothing else was going on. The officer who spotted the car called for backup and four officers came up to the vehicle from behind. Parking on the lot alone was … Continue reading →
↧
Protecting Your Assets after a Connecticut Domestic Violence Arrest
After a DV arrest in Connecticut, people immediately start thinking about divorce, custody and asset protection. Specifically, a first-time / first offender domestic arrest in Greenwich, Darien or Westport Connecticut can have you—as either the victim or arrestee—asking these difficult, big picture questions: Do I want to stay in this marriage? How can I protect myself? Is my spouse cheating on me? Do I need a safety plan? And how can I protect my assets after a Connecticut domestic violence arrest when my husband or wife controls all the family money, properties and bank accounts? All valid questions that need to be investigated immediately… Don’t Be Naïve – Get Informed About Asset Protection Following a Connecticut Domestic Violence Arrest As any of the best domestic violence criminal lawyers in Greenwich and New Canaan Connecticut know, your first thoughts after being involved in a Connecticut domestic violence arrest is about divorce,…
↧
SolarCity pays nearly $30 million to settle allegations of false claims to solar energy program
On September 22, the Department of Justice announced that SolarCity Corp. had agreed to pay $29.5 million to resolve civil allegations that arose from a federal investigation into the company’s claims for solar energy subsidy payments. According to DOJ’s press release: The Justice Department announced today that SolarCity Corporation (SolarCity) has agreed to pay $29.5 million to resolve allegations that it violated the False Claims Act by submitting inflated claims on behalf of itself and affiliated investment funds to the U.S. Department of the Treasury (Treasury) pursuant to Section 1603 of the American Recovery and Reinvestment Act of 2009 (Section 1603). As part of the settlement, SolarCity and its affiliates will also release all pending and future claims against the United States for additional Section 1603 payments. SolarCity was purchased by Tesla Motors Inc. in November of 2016, after the alleged conduct at issue in this case. * …
↧
Public defender for appeals would reduce waste, increase efficiency, protect rights
Lots of appeals in Texas' criminal-court system are filed pro se by people who lack representation, and often they make procedural errors that prevent the courts from ever considering the merits of their case. Here's an example.My podcast partner, Mandy Marzullo at the Texas Defender Service, has been promoting the idea of a capital public defender for direct appeals (see a related report from TDS), and the chairman of the House Corrections Committee filed legislation to create one (see here for an interview with him that includes a discussion of this topic).But at least capital defendants all have lawyers of some sort, even if they're too often deficient. The guy in this case had no lawyer at all. He filed his appeal in time, but with the wrong bureaucrat, in the wrong court - an error even the lamest practicing attorney wouldn't have made - and so the merits were never considered. But that's not the end of it: inevitably, the guy ends up filing a…
↧
↧
Constitutional Rights In Custody
It’s easy to feel powerless while you are in custody. Whether you have just been arrested and are awaiting arraignment, are awaiting trial or have been imprisoned after a conviction, you are not powerless. The Constitution still guarantees you rights that protect you even while you are in custody. For instance, people in custody have a right receive communications from attorneys and legal publications. Not so many years ago, prison officials in Nevada attempted to prevent prisoners from receiving legal publications. This resulted in a First Amendment lawsuit that was aimed at protecting the right of inmates to receive reading material. People in custody also continue to be protected against discrimination. It is illegal for anyone in the police or corrections community to discriminate against inmates based on their sex, race, age, religious affiliation or other grounds. Similarly, inmates cannot be subjected to cruel and unusual punishment according to the Eighth…
↧
Jurist: A Digital World: Why Law Enforcement Needs to Obey the Fourth Amendment
Jurist: A Digital World: Why Law Enforcement Needs to Obey the Fourth Amendment by Victoria Drake
↧
"Mitigating America’s Mass Incarceration Crisis Without Compromising Community Protection: Expanding the Role of Rehabilitation in Sentencing"
↧
10 Best Attorneys
Wow, what an honor! I have been informed that I have been selected as being a member of one of the "Ten Best Law Firms in Idaho." I need only pay $295.00 and I get a nifty plaque just like the one pictured above, so I can put it up in my office for all of my clients to see.I actually get notifications like this about 4-5 times per year. I am always suspect when I get one of these letters soliciting money for a nifty plaque. One company selling plaques like this had a listing of those participating, and I believe it was about 4,500 attorneys, each one sporting a plaque proclaiming his firm as a "Top 10" something-or-other.I checked the website for the company whose plaque is pictured above, to find the names of those 10 attorneys who were so very good in Idaho in 2016. There were no names of any selected, but the website did say that two attorneys were being considered. In other words, as we approach the end of 2017, this group…
↧
↧
Family Law Lawyers Must Resist Temptation to Take on Their Client’s Cause as Their Own
In a recent discipline decision from Ontario the presiding adjudicator, David Wright, spoke a sensible caution to family law lawyers whose passion for their clients’ causes can obscure their professional objectivity. He also referenced the problem faced by some counsel who in their minds blend opposing counsel with their clients, castigating them as the “enemy”. Other comments included the following “Family law involves personal and intimate matters and the most vulnerable members of our society – children. The issues can lead clients and lawyers to feel passionately, particularly when we have our own histories. However, clients will not be well served if lawyers cannot work together on effective and proportionate dispute resolution and solutions to the issues. We must separate clients’ views from those of lawyers and recognize that, as lawyers, we only fully have one side of the story. What is more, clients will not be well served by…
↧
Engel Issues Statement on Campus Sexual Assault Policy Revisions
The United States Education has rescinded key guidance documents governing campus sexual assault. By repealing the 2011 “Dear Colleague Letter,” the Department of Education took action to roll back a system that, at many schools, was criticized from treating accused students unfairly. Joshua Engel has been one of the leading attorneys advocating for the due process rights of students. Engel issued the following statement: I was at the Department of Education in Washington meeting with key officials involved in this issue when the new guidance was released. My view is that the roll-back of prior guidance is a start, but it is just a start. Sexual assault on college and university campuses is a real concern and schools are right to make sure that campuses are safe for all persons to pursue educational opportunities. What comes next is important. The Department of Education needs to work to assure that schools have in place adequate,…
↧
Construction Accident Attorney in Monmouth County
At IMG Legal Group, our construction accident attorney Ian Goldman is committed to pursuing third-party claims for people that have been injured in a construction site accident. These accidents can be confusing for the injured party, as they are often unsure of who should file their personal injury claim, or even if they qualify for a personal injury claim at all. Our construction accident attorney strive to help you obtain the maximum compensation for your medical bills by helping you to file a personal injury construction accident claim against the responsible party. Top Ocean County Criminal Lawyer helps you give your side of the story which can best be told through your attorney. It is a possibility you might be seeking an experienced criminal defense attorney. Charged With a Crime? Your side of the story can best be told through your attorney. If you have been charged with crime and are seeking help. We are here to assist you. Protect your…
↧
More Pages to Explore .....
