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*Update -Traffic delays North of the Perrine Bridge

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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: 11/27/2017 6:50 PM Please direct questions to the District Office ***Update*** The Idaho Transportation Department has gotten the traffic signal functioning again. Traffic is expected to begin clearing up. 3761 **End Update*** Currently, the traffic light is flashing red at the intersection of Highway 93 and Golf Course Road/Shoshone Falls Road, north of the Perrine Bridge in Twin Falls. There is a heavy backup of traffic and motorists can expect delays. Drivers are encouraged to find an alternate route if possible. It is anticipated that the traffic signal will remain flashing into tommorow afternoon, (Tuesday, November 28) pending repairs. 3761 / -------------

"Congress poised to jam through reauthorization of mass surveillance"

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From The Hill, via the NACDL news scan: The Senate Select Committee on Intelligence has marked up the FISA Amendments Reauthorization Act, S. 2010. The bill, sponsored by Chairman Richard Burr (R-N.C.) is actually worse than existing law. It explicitly...

Record sex-trafficking sentence, 472 years of imprisonment, imposed in Colorado court

Congrats to new US District Judge (and former US Sentencing Commissioner) Dabney Friedrich

FourthAmendment.com named to ABA Journal’s Web 100 top law blogs for third year

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ABAJ: Welcome to the 2017 ABA Journal Web 100 by Andrew Lefkowitz, Sarah Mui and Stephen Rynkiewicz. For the last ten years, it was called the ABA Journal’s Blawg 100. The name was changed this year to include podcasts, twitter … Continue reading →

"Against the positive law model in the Carpenter cell-site case"

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Orin Kerr has this post at The Volokh Conspiracy. In part: Baude’s and Stern’s particularly severe version of the positive law model would create some startling results. For example, imagine a police officer sees a car driving at 70 miles...

"After 28 Years in Prison, a Rare Plea Deal Frees a Connecticut Man"

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From The New York Times, via the NACDL news scan: Earlier this year, after decades of fighting his appeals, the Connecticut state’s attorney’s office finally conceded that the evidence against him might be tainted. The prosecutors agreed to let him...

E.D.N.C.: Fact POs entered third party’s home to arrest him doesn’t make it unreasonable

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POs found defendant parolee at his girlfriend’s house that he was not approved to live in. It was arguable he didn’t have standing, and his reasonable expectation of privacy was reduced there [I think he would have standing as an … Continue reading →

U.S. Citizen Mistakenly Detained Sues Miami Authorities

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Detainer requests in which federal authorities ask local jurisdictions to hold inmates for longer terms while their immigration status is examined are controversial across the country. In Miami, Florida, an 18-year-old U.S. citizen who was held for an extra night in a jail based on an incorrect and illegal request from immigration authorities, is suing the authorities. The Miami-Herald reported Garland Creedle was arrested following an alleged domestic violence incident in Miami in March. He said he spent a night in a county jail. The teen posted bond. The lawsuit stated he was due to be released the next day on March 13. However, a detention request was sent by the Immigration and Customs Enforcement agency. It led to Creedle being detained for another day, according to the federal suit filed in Miami. Under the “detainer” request Creedle was declared to be a “removable alien.” It asked that he be jailed for another 48 hours. The report stated…

Is FOIA Actually Hurting Democracy?

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David Pozen, Freedom of Information Beyond the Freedom of Information Act, 165 U. Pa. L. Rev. 1097 (2017), available at SSRN. Margaret Kwoka The literature on the Freedom of Information Act is replete with familiar claims about FOIA’s shortcomings. It takes too long to get a response. Agencies over-withhold records. The exemptions to mandatory disclosure are too broad. Congress fails to adequately fund FOIA offices. Judicial remedies are difficult to pursue and often unavailing. And as I have argued, FOIA is overtaken by commercial and individual uses that do not promote democratic accountability. But rarely does scholarship in this area provide a compelling critique of the underlying premise of FOIA: that the Act, if functioning as envisioned, promotes the ideal of democratic accountability. David Pozen’s Freedom of Information Beyond the Freedom of Information Act has compellingly questioned this fundamental assumption, giving me more pause than anything else…

Market America Pyramid Scheme Lawsuit

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In May 2017, Market America was hit with a class action lawsuit in federal court in California by plaintiffs Chuanjie Yang and Ollie Lan. The lawsuit calls MarketAmerica a pyramid scheme that is taking advantage of Chinese American immigrants. MarketAmerica is a multi-level marketing company that has a number or product lines including Isotonix supplements, Motives cosmetics, and others. It also uses what it calls a “product brokerage concept,” which is essentially a massive affiliate program which pays a small amount of cash back to the the distributor when purchases are made at certain retailers while on the shop.com website. (This sounds just like Shop to Earn, a defunct MLM that screamed pyramid scheme.) Per the lawsuit, Market America requires a start-up fee of $399 and an ongoing monthly fee of $129. Distributors must also spend $100 to $300 per month on shop.com to continue to qualify as an enrollee, and other fees are incurred to attend training and events.…

The Arcane Notions of Privacy And Guilt

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The Supreme Court will hear oral argument in Carpenter v. United States, the latest opportunity to revisit the Third-Party Doctrine that served as a facile diversion when created, and has undermined any potential for digital privacy in the future. But it has certainly made life easier when it comes to collecting evidence. How hard should it be for the police to get hold of reams of data showing every place you’ve been for months? In 2013, Timothy Carpenter was convicted of being the ringleader behind a series of armed robberies of cellphone stores in and around Detroit, and was sentenced to almost 116 years in prison. His conviction was secured in part based on 127 days of location data that his cellphone service provider turned over to the police, showing that his phone had been in the vicinity of several of the robberies. Carpenter “shared” his cellphone data with his service provider in the sense that a cellphone won’t work otherwise. Whether he knew…

Las bases erróneas de la ideología de género [2011-05-28] SdeT » Foros de la Virgen María

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Las bases erróneas de la ideología de género [2011-05-28] SdeT » Foros de la Virgen María Cómo pueden observar este artículo data del año 2011, quien pueda demostrar que la opinión que van a leer es errónea u opinar porqué es buena en el Siglo XXI y no antes, me encantaría leerlas. Ruego a los que "aman la ideología de genero" debatan conmigo sólo tienen que tener el valor de enfrentarse y sustentar sus ideas. En pocas palabras, se puede hacer con el cuerpo lo que uno quiera, pues el fin de la sexualidad es el placer, evitando, eso sí, el embarazo y la natalidad. Pero si esto sucediera, el aborto es un derecho básico. Las leyes son la moral del Estado y esto está en las leyes. A esto llama el sacerdote Pedro Trevijano los disparates de la ideología de género. La primera vez que oí hablar de ideología de género debo…

The Probate Process for Small Estates in North Carolina

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North Carolina’s small estate laws provide for a simplified procedure of obtaining property for heirs when the total value of the estate is below a certain threshold. Heirs will not have to go before a judge in these cases, and they can get the property they are entitled to just by filing out an affidavit. This procedure can be used regardless of whether or not there is a valid will. The key factor used to determine whether an estate is a “small estate” is the estate’s valuation. Estates that Qualify for the Simplified Procedure Estates that are valued at under $20,000 qualify for the streamlined small estates procedure. If the surviving spouse is the sole heir of the estate, this threshold is increased to $30,000. However, only certain property of the decedent will be considered when valuing the estate. First, § 28A-25-1.1 refers only to the personal property of the decedent. This means any real property they owned will not be included in the…

Tuesday Talk*: Dragging the Line

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When you Gertrude too hard,** you end up with a bi-polar op-ed like Bari Weiss’. No longer. Now, suddenly, Mitch McConnell is saying, “I believe the women.” Now, suddenly, Chelsea Handler is saying to Juanita Broaddrick, “I believe you.” This — despite, or perhaps because of, the predator in the Oval Office — is a cultural watershed. So it’s a good thing? And hasn’t the hunt been exhilarating? There’s no small chance that by the time you finish this article, another mammoth beast of prey, maybe multiple, will be stalked and felled. The huntresses’ war cry — “believe all women” — has felt like a bracing corrective to a historic injustice. It has felt like a justifiable response to a system in which the crimes perpetrated against women — so intimate, so humiliating and so unlike any other — are so very difficult to prove. So it’s a good thing. Except when it isn’t a…

Daily Beast: Would the Founding Fathers Have Tracked Your Cell Phone?

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Daily Beast: Would the Founding Fathers Have Tracked Your Cell Phone? by Jay Michaelson: It’s a concept the Constitution’s framers couldn’t have imagined, and that shows why ‘originalism’ like Justice Gorsuch’s is bunk. Your cellphone company knows where you are … Continue reading →

Lawfare: The Fifth Amendment, Decryption and Biometric Passcodes

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Lawfare: The Fifth Amendment, Decryption and Biometric Passcodes by Kendall Howell: The spread of commercially available encryption products has made it harder for law enforcement officials to access to information that relates to criminal and national security investigations. In October, … Continue reading →

SCOTUSblog: Argument preview: The justices return to cellphones and the Fourth Amendment

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SCOTUSblog: Argument preview: The justices return to cellphones and the Fourth Amendment by Amy Howe: [D]oes the third-party doctrine apply the same way to cellphones, which only became commercially available a few years after the court’s decisions in Miller and Smith?… That question … Continue reading →

IZQUIERDISMO, REALIDAD Y LITERATURA

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Una distinguida y muy inteligente dama ha escrito con la solvencia que le caracteriza su pensamiento sobre el “izquierdismo” cholo en facebook, en la que comparto su amistad virtual. Comparto  con ustedes mi opinión, específicamente motivada por el párrafo que he subrayado, leamos juntos por favor: Flor Arcaya Vernal Elucubrando. Uno de mis libros favoritos es "Don Camilo en Moscu" de Giovanni Guareschi. En el, don Camilo chantajea a Pepon (El alcalde comunisa y secretario general de su partido) para que lo lleve en su anhelado viaje a Moscu donde participa en todas las actividades propias de un jefe de partido comunista de su pais incluida una maraton de vodka. Lo que me encanta del libro, ademas de lo gracioso es como don Camilo fundamenta cada una de sus ideas en los textos de los escritores comunistas mas famosos, que hacen sus exposiciones solidas y contundentes como cemento forjado, ganandose la admiracion de los…

Lyon et al. on Child Witnesses

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Thomas D. Lyon, Kelly McWilliams and Shanna Williams (University of Southern California - Gould School of Law, USC Gould School of Law and University of Southern California) have posted Child Witnesses (Forthcoming in N. Brewer & A.B. Douglass, eds., Psychology...
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