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Sudan Now Open for Business, but Risks Remain

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On October 12, 2017, the United States made permanent its lifting of a longtime general embargo on trade and investment with Sudan. As a result, U.S. individuals and companies are now generally free to engage in transactions involving Sudan, the Government of Sudan or many formerly sanctioned Sudanese persons without a license from the Department of the Treasury’s Office of Foreign Assets Control (OFAC). While this presents opportunities for new business in Sudan, any U.S. person considering business relating to Sudan should be aware of the legal restrictions that remain in place and the risks associated with such an undertaking. Background For almost two decades, Executive Orders (EOs) by Presidents Bill Clinton (EO 13067) and George W. Bush (EO 13412), along with the Sudanese Sanctions Regulations (SSR), have generally prevented U.S. persons from conducting transactions involving the Government of Sudan or certain sanctioned Sudanese persons, importing goods or services…

Courts Feud Over Constitutional, Harmless Error

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There appears to be an increasing judicial feud underway between the Texas Court of Criminal Appeals (TCCA) and the lower appellate courts throughout the state. The lower appeal courts are finding constitutional errors in criminal trials, attaching harm to them, and reversing the convictions. The State then applies for, and secures, discretionary review before the TCCA, the highest appellate court in Texas for criminal cases, which rather summarily reinstates the criminal conviction and sentencing, finding that while there was a constitutional error, no harm resulted.   Failure to Elect of Particular Act   Take, for example, the case of Richard Charles Owings, Jr., whose was convicted of aggravated sexual assault of a child and sentenced to 30 years in prison. The law in Texas in clear on the following point: when one particular act of sexual assault is alleged in an indictment, and the State proffers evidence during the trial showing more than one incident of sexual…

Nebraska Gives Execution Notice, New Protocol

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Paul Hammel and Joe Duggan report for the Omaha World-Herald:LINCOLN -- The State of Nebraska took a big step Thursday toward executing its first death-row inmate in 20 years, using an untried combination of lethal-injection drugs.Attorney General Doug Peterson said Thursday that he is prepared to request a death warrant for Jose Sandoval after at least 60 days, which is the minimum notice period for condemned inmates under the state's execution protocol. The Nebraska Supreme Court issues death warrants if an inmate has no pending appeals.*      *      *The Nebraska Department of Correctional Services notified Sandoval that it will inject four drugs in the following order: diazepam, fentanyl citrate, cisatracurium besylate and potassium chloride. Diazepam (brand names include Valium) is a benzodiazepine that is used to produce a calming effect. Fentanyl citrate is a general anesthetic that has been used since the 1960s.…

DUI on a Horse

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Over the years, I’ve written about DUI’s on a variety of transportation methods, from a Zamboni to a Power Wheels to a canoe. Although I’ve written about a DUI on a horse before, it has been quite a while and is definitely due. Is there any surprise that this story comes from never-dull state of Florida? A Florida woman rode her horse on a highway drunk, police say. She was charged with a DUI November 4, 2017, Washington Post — Nothing’s unusual in Florida, a sheriff department spokesman said Friday. But some things — like a woman arrested this week for allegedly riding a horse while drunk down a busy highway — are still surprising. Around 3 p.m. Thursday, a passer-by saw Donna Byrne, 53, on the horse looking confused and possibly in danger and notified officers, according to her arrest affidavit. Sheriff’s officers found Byrne on Combee Road near North Crystal Road in Lakeland, about 35 miles east of Tampa. She smelled of…

Anniversary of Abrams v. United States: Criminalizing Unpopular Opinion

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Today marks the 98th anniversary of the controversial case of Abrams v. United States[1]. In Abrams[2], the Supreme Court upheld the convictions of five defendants under the Espionage Act of 1917. The Court expressly rejected the defendant’s argument that their first amendment rights had been violated by the Espionage Act. This case is particularly noteworthy because revered Justice Oliver Wendell Homes[3]; the author of the opinions which had originally upheld the Constitutionality of criminalizing free speech against the war effort in three prior Court cases, dissented against the majority. The Case The case behind Abrams was a product of a different time in American culture and history. On August 12, 1918, just three months before the end of fighting in WWI, Hyman Rosansky was arrested for throwing flyers out of the 4th floor of a hat factory. The flyers, one in English and one in Yiddish called for a general strike by workers, a reduction in the production of…

3 Counts of Violation of an Abuse Prevention Order Dismissed Prior To Trial

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Introduction to this case summary and a personal note from Attorney Robert Lewin: Attorney Robert Lewin became a lawyer in 1971. Forty years earlier in 1931 Attorney Robert Lewin’s father, Henry Lewin, became a lawyer. Henry Lewin practiced law until his death in 1987. One of the many lessons that father imparted to son was that a case well prepared was ninety percent won. Attorney Robert Lewin has made it his mission to ALWAYS be prepared when he walks into the courtroom. In addition, Attorney Robert Lewin always makes sure that the client is fully prepared for what lies ahead with their case. The case of DL which follows is an example of a case being won before trial by thorough preparation and by a lawyer and a client working closely together to get a desired result. DL, a 37 year old male acupuncturist from Methuen, was in a relationship with a 41 year old male accountant from Waltham. The relationship turned stormy and a torrent of emails and texts were exchanged…

New TJJD sex-abuse allegations recall similar, but different '07 scandals

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For anyone paying attention a decade ago, news of sex-assault allegations against staff at a Texas youth prison in Gainesville brings on a deja vu feeling regarding the Texas Youth Commission scandals in Pyote, an episode which ultimately brought down the agency and sent its successor down a tumultuous path toward reducing incarceration levels by 75 percent.Now, "At least four former staff members at the Gainesville State School, including a woman allegedly pregnant with a youthful offender's child, are facing prison time amid allegations of sexual misconduct at the state lockup for troubled youths," reported Brandi Grissom-Swicegood and Sue Ambrose at the Dallas News.And everyone who was around in 2007 drops their heads and thinks, "Oh no, not again."These troubles mirror problems witnessed at the adult system, where sexual misconduct by staff at the Texas Department of Criminal Justice (TDCJ) is a big source of federal Prison Rape…

Sarvankar on Self-Incrimination in India

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Suyash Sarvankar (SVKM's Narsee Monjee Institute of Management Studies (NMIMS)) has posted Key Disclosure Laws and the Right Against Self-Incrimination in India on SSRN. Here is the abstract: In an era when documents are increasingly electronic, almost always often encrypted...

The importance of workers' compensation laws

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Before we had worker's compensation laws in Kentucky, it was much more difficult for injured workers to receive any disability payments. Many times employees were forced to sue their employer to recover lost wages and medical expenses. It was difficult for the employee because the employer would claim that the risk of injury was part of the job or that the employee was somehow to blame for his or her injury. In the rare case that an employee won the employer was often unable to pay what was owed. This caused some businesses to file bankruptcy or close their doors. This had negative ramifications for other employees who relied on their paychecks to support their families. The purpose of Kentucky Workers' Compensation In 1914 Kentucky enacted the Workers' Compensation Act. In 1916 it was modified to include voluntary acceptance. Today the law has voluntary rejection. The Kentucky Workers' Compensation Act puts the responsibility of workplace injuries and…

Week of November 6 - 10, 2017

FRIDAY, 10 NOVEMBER 2017 The UK’s Leading Independent Distributor of Genuine IVECO Parts

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‘Our mission is to combine service excellence with a people friendly approach, setting the standard for quick, cheap and easy access to all Iveco parts anywhere in the world.’Zeppelin Trading Co. has been leading the market in the supply of Genuine Iveco parts for the last 17 years. Creating simple, fast and effective connections worldwide, between the Government, privately owned businesses, Fleet owners and the public sector alike.As an independently owned family company, Zeppelin Trading Co. has the ability to offer a face to the service with flexibility and expertise that cannot be matched. We feel our success is  a direct result of the personal relationship we develop with every customer and our ability to provide the fastest turnaround time for Iveco parts you can find. iveco stralisWith 2 million GBP invested in stock of genuine Iveco parts, sourced from Italy, Germany, France and the United Kingdom, we are the largest independent Iveco…

"If It Turns Out To Be True" Is Meaningless In The Republican World Of Alternative Facts

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If it turns out to be true that Roy Moore preyed on young girls, Republicans would demand he withdraw from the Alabama Senate race.If it turns out to be true that Donald Trump groped, grabbed and assaulted women, Republicans would oppose him.If it turns out to be true that Trump stocked his administration with white supremacists and neo-Nazis, Republicans would condemn him.If it turns out to be true that Trump was involved with Russia's efforts to interfere with the presidential election and obstructed the Russian investigation, Republicans would impeach him.If it turns out to be true that Trump, his family and his cabinet are getting rich off the presidency, they would investigate them.If it turns out to be true that human activity causes climate change, Republicans would take steps to mitigate it.If it turns out to be true that massive tax cuts to corporations and the top 1% create greater inequality while failing to spur the economy, Republicans would not support…

KEIKO FUJIMORI Y SUS AMENAZAS, jajajajaj!!!!!

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http://www.expreso.com.pe/politica/keiko-fujimori-iniciara-acciones-legales-comercio-difamacion/ NIEGA APOYO DE ODEBRECHET Keiko Fujimori iniciará acciones legales contra ‘El Comercio’ por difamación “…..y a su vez solicitaremos por conducto regular, al fiscal de Brasil, Dr. Martelo, que nos exonere a nosotros, y a la propia fiscalía peruana del acuerdo de reserva de información, de manera tal que todos podamos conocer públicamente todo lo que el señor Marcelo Odebrechet dijo en Curitiba-Brasil el día de ayer”. QUE PIENSO Aprendí en la universidad que, mientras más grande sea el “Bul” más oportunidades tendrá el arquero de acertar. Con la presente declaración lo que persigue la japonesa es agrandar hasta donde sea posible el “bul” de suerte que, mientras mayor sea la información  se darán infinitas…

The Irresponsible Pedagogy of “Hard Work”

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Admission to a university like Cambridge is no small feat. It reflects innate intelligence and accomplishment. And isn’t that good enough? Please be careful how you handle yourselves here in these early weeks: remember that you are NOT at any other uni, where students do drink a lot and do have what they regard as a “good time” – and you are NOT on a course, as some Cambridge courses sadly are, where such a behaviour pattern in possible or acceptable. Physical Sciences is a VERY hard subject, which will require ALL of your attention and your FULL brain capacity (and for a large fraction of you, even that will not be quite enough). You can ONLY do well (i.e. achieve your potential, which rightly or wrongly several people here assumed you have) I you are completely focused, and learn to enjoy the course. People who just TAKE the course, but enjoy their social life, can easily survive in many subjects — but not in this one. This came in an email from…

Did Passionate Advocates Do It?

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As everybody except Jeff Sessions and a handful of the guys at PoliceOne know, crime has fallen dramatically. This would be a good thing, but for the fact that it means all the things we absolutely must do to prevent crime can’t be excused under the circumstances, which is why Sessions is desperately trying to thread the needle between fact and fear. But I digress. Crime is down. Way down. And there is a brand new explanation for why. Most theories for the great crime decline that swept across nearly every major American city over the last 25 years have focused on the would-be criminals. Their lives changed in many ways starting in the 1990s: Strict new policing tactics kept closer watch on them. Mass incarceration locked them up in growing numbers. The crack epidemic that ensnared many began to recede. Even the more unorthodox theories — around the rise of abortion, the reduction in lead or the spread of A.D.H.D. medication— have argued that larger shifts in…

What Can Prevent an Adoption from Being Approved in North Carolina?

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The adoption process in North Carolina can be long and difficult, but adoptive parents who are able to successfully fulfill the legal requirements are rewarded with the priceless gift of a new child in their home. However, failing to carefully follow all North Carolina adoption laws can prevent your adoption from being completed. The following are some common reasons that adoptions are denied in North Carolina. Criminal History Can Prevent an Adoption North Carolina law requires criminal background checks for prospective adoptive parents and any individual age 18 or over who lives in the home where the adoptive child is to be placed. If you have a criminal history, you may receive an unfavorable pre-placement assessment that prevents you from adopting a child. Some criminal convictions for any member of the household result in a mandatory unfavorable assessment under § 48-3-309. These convictions include: a prior conviction or pending indictment of spousal abuse, child…

Short Take: To Watch Or To Be Watched

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Amidst the avalanche of male sexual deviancy is a surprising trend. Harvey Weinstein did it. Louis CK did it. They masturbated in front of women. I rarely agree with the New Republic’s Jeet Heer, but I’m totally with him on this. I was also so young & naive that I thought the whole point of masturbation is that it’s an act you do privately. https://t.co/xvghbg0dLQ — Jeet Heer (@HeerJeet) November 9, 2017 And I’m so old and naive that I thought the same thing. If anything, the idea of being in proximity of another person, especially one for whom a sexual desire exists, would evoke thoughts of anything but masturbation. There is much us old dinosaurs don’t get about sex these days. Why buxom anime women are a substitute for actual women, for example. Or what one is supposed to do with anal beads.* But we’re not entirely without cultural references. Then again, Chauncey Gardner was misunderstood, mistakenly assumed to be the master…

Vehicle Fire on US20 Near Ucon

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 11/11/2017 at 7:47 a.m. Please direct questions to the District Office The Idaho State Police is currently investigating a vehicle fire westbound US20 at 315, near Ucon. The right lane of travel is currently blocked. More information will be released as it becomes available. 3725 / 3643 -------------

Veterans Day 2017

As DRT-boxes track Texans from planes, considering options for restricting government cell-phone surveillance

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The Texas National Guard is using so-called IMSI catchers, aka "Stingrays" or "DRT-boxes (read: Dirt Boxes), which are fake cell towers used to trick your phone into routing its call through government surveillance technology. See an excellent article by Melissa del Bosque, with one caveat. She quoted Austin attorney Scott McCollough declaring:“These DRT boxes are far more capable than the old Stingrays,” McCollough said, “The old-style Stingrays were not able to capture content. Guess what? The DRT box is. … These newer ones get everything.”McCollough knows more than most about the law surrounding cell phone surveillance (some of his clients are small cell-phone companies which must comply with law enforcement requests for customer data). But he's wrong about the tech. The old Stingrays also gathered content, by definition, since the entire call including content is routed through the Stingray, bypassing commercial cell phone…
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