"Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry - A Guide to Best Practices"
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Garrison Keiler Gets the Ax From Minn. Public Radio
Garrison Keiler and his radio program have been terminated from Minnesota's Public Radio station today after an allegation was made he inappropriately touched a woman's back. He gives this account of what happened: [More...] I put my hand on... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Duncan on Amanda Knox and Strangeness
Martha Grace Duncan (Emory University School of Law) has posted What Not to Do When Your Roommate Is Murdered in Italy: Amanda Knox, Her 'Strange' Behavior, and the Italian Legal System on SSRN. Here is the abstract: One of the...
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Short Seller Marc Cohodes About Face on Overstock
BFFs Marc Cohodes and Patrick Byrne Former hedge fund manager Marc Cohodes has been a long-time critic of Overstock.com and its wacky CEO, Patrick Byrne. The criticism dates back to the days when Cohodes was at Rocker Partners, a company that was sued by Overstock along with research firm Gradient Analytics. In 2005, Cohodes was fingered by Byrne as being part of a “miscreants ball” under the direction of a “Sith Lord.” Yet after more than a decade with a negative opinion of the company and its management, Cohodes recently did an about face. Is money fueling the change of heart? Sam Antar, another long-time critic of Overstock, details the Cohodes/Overstock situation nicely on his blog. The crux of the issue is that Cohodes (who has been focused on short selling) took a long position in Overstock in May 2017. A month later, Cohodes met personally with Byrne. In October, Cohodes hyped the company during a presentation at a Grant’s Interest Rate…
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Moral Market Suasion And Made-Up Law
Elizabeth Nolan Brown makes a point about how the market worked in the firing of Matt Lauer. The obvious take here is that the chairman of NBC News, Andrew Lack, made a cold economic calculation: Mr. Lauer might have been a rainmaker for the network, but keeping him on was no longer worth it in the face of potential lawsuits, damage to the brand and lower ratings. Or as the title of her op-ed explains, NBC didn’t fire Lauer. “We did.” The “moral suasion” of public outrage made Lack act. It’s not that NBC wasn’t well aware of Lauer’s actions before, but that it did nothing about it until it went viral. This is a good argument in favor of market forces, and one terrible argument against law. But that doesn’t mean women won’t tap the extant outrage for the purpose of pushing change into the law, shaming lawmakers (who are certainly as exposed to shame for their own sexual improprieties as the dreaded homosexuals in the…
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Is Title VII To Blame?
Could the headline possibly be true? Boss Grab Your Breasts? That’s Not (Legally) Harassment The op-ed was written by two lawprofs, Sandra Sperino and Suja Thomas, so one would certainly expect it to be accurate, but since the authors don’t write the headlines, it’s hard to say whether they endorse it. Then again, the headline writer didn’t pull it out of nowhere. In fact, courts routinely dismiss cases brought by workers who claim their supervisors propositioned them, kissed them or grabbed their breasts. The judges declare that the conduct does not constitute harassment in a legal sense, and refuse to let the cases go to trial. No cite for the proposition, of course, but it could be true, right? Except it’s not.* So what’s the deal? In the 1986 case Meritor Savings Bank v. Vinson, the Supreme Court held that Title VII of the Civil Rights Act prohibits harassment in the workplace based on sex, race, color, religion or national…
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Carpenter argument now online and Kerr’s comments
Transcript here. Orin Kerr’s video comments here. Kerr’s twitter post with link added: Summary of Carpenter argument using the “four models” framework: Carpenter may win based on several Justices relying on the policy model and one Justice relying on the … Continue reading →
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The Difference Between Trusts and Custodial Accounts
Trusts and custodial accounts are two methods of bequeathing property for the benefits of minors. Individuals under age 18 cannot legally own title to property in North Carolina, so these methods allow for an adult to care for the property and manage it on behalf of the minor. While both types of arrangements can be used to benefit minors, there are several differences between trusts and custodial accounts. Your estate planning attorney can give you more information about these and other ways of structuring your estate plan. Creation of the Property Arrangement Trusts are typically more complex than custodial accounts. Trust law can be very complex and can be used to achieve a number of different goals—including providing financial support for minors or disabled individuals, minimizing estate taxes, and keeping assets out of probate. You may even create multiple different trusts with different beneficiaries or purposes. Custodial accounts can be created much more easily.…
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The Hill: It’s too easy for the government to invade privacy in name of security
The Hill: It’s too easy for the government to invade privacy in name of security by Jonathan Turley: The cellphone is rapidly becoming the most universal accessory among human beings anywhere in the world. The expansion of its use and … Continue reading →
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Officer placed on leave following arrest for domestic violence
Many domestic disputes may involve little more than a heated argument. However, in some cases, the situation can grow out of hand and become physical, potentially leaving one party with injuries and another facing criminal charges. A police sergeant has recently been arrested and is currently facing domestic violence charges following an incident that is said to have taken place in Georgia. According to reports, authorities were called out to investigate reports of a domestic dispute that allegedly took place on a recent Thursday morning. The exact nature of the incident in question is unclear, but a man was taken into custody soon thereafter and charged with battery. Authorities also claim that his kids were present at the time, and although they were not physically harmed in the process, he is also facing additional charges for third-degree cruelty to children. Domestic violence charges are serious in nature, and a conviction can carry severe consequences that could have…
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DUI consequences for healthcare workers
In Arizona, licensed Health Care workers have a duty to report a misdemeanor DUI arrest within ten days of the date of arrest. This presents some difficult problems for health care workers. First, it not only applies to doctors and nurses, but in Arizona this law applies to dental hygienists, veterinary technicians, athletic trainers, massage therapists, pharmacy technicians, respiratory therapists and dozens of others. Even if the arrest does not result in a conviction, most Arizona health care licensing boards will start an investigation while the DUI is still pending in court. The health care worker is usually asked to send the Board the police reports, and meet with them. The Boards have the power to take an individual's medical license away, although it rarely happens for first offense misdemeanor DUI. They can take force an individual to get a substance abuse evaluation. Additionally, they can place an individual on probation. Some of the factors the board will…
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Wishing LaToya Well as She Leaves the SOG
[Editor’s note: This post first appeared on the SOG’s civil law blog, On the Civil Side. It is cross-posted here because of the connection between juvenile delinquency and criminal law, and because many of our readers know LaToya Powell as our faculty expert on juvenile delinquency.] This is a bittersweet post as it is a goodbye to my friend and colleague, LaToya Powell, who has decided to leave the School of Government (SOG). [Today] is her last day, and I hope you will join me in wishing her well. LaToya joined the SOG in the spring of 2013, as part of what I affectionately refer to as the “Class of 2013.” That spring, four new faculty members joined the SOG: LaToya and myself along with Trey Allen (who works with municipal and county clerks) and Meredith Smith (who works with clerks of superior court). LaToya and I were originally referred to as the two halves of retired faculty member, Janet Mason, since together we covered the field of juvenile…
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Does Atlantic City Have Open Carry Gun Laws?
In recent years, gun laws have become more and more hotly debated. Understanding the gun laws in your area is important, whether you want to own or use a gun or not. New Jersey has restrictive gun laws compared to many other states, and bans particular types of weapons from regular ownership. One area where New Jersey’s laws differ from many other states is on the issue of open carry and gun licensing. If you or a loved one was charged with a gun possession crime in South Jersey, talk to the Atlantic City gun crime lawyers at The Law Offices of John J. Zarych today. Otherwise, the following information on New Jersey’s open carry policies may help you understand some of New Jersey’s firearms rules. Can You Open or Conceal Carry a Gun in New Jersey? New Jersey requires gun owners to get a permit before they can purchase or own a gun in the state. This means you can certainly get in trouble for owning a gun without a permit, such as a gun bought out of state or…
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DOJ Issues New Guidelines on FCPA
Rod Rosenstein announced new guidelines for FCPA cases. (here) In his remarks he stated: I want to highlight a few of the policy’s enhancements. First, the FCPA Corporate Enforcement Policy states that when a company satisfies the standards of voluntary...
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Police unions, the media, and me ... and other stories
Grits fell ill at the end of the holiday weekend, am only now really back on my feet, and find myself in a desperate need to clear my browser tabs. So, y'all get a roundup of all the stuff I don't have time to blog about right now.Police officers indicted more often, but seldom convicted after shootingsMore police officers in Texas are being charged after questionable shootings, but prosecutors who were able to convince grand juries to indict have been less successful at securing convictions at trial, reported Tasha Tsiaperas the Dallas Morning News (who has a really cool, bond-villain-type name!). In related news, Grits contributing writer Eva Ruth Moravec had a feature in the Houston Chronicle about a Freeport police officer acquitted by a Brazoria County jury for shooting his unarmed neighbor in the next apartment. It was as negligent a situation as one could imagine, so maybe civil court is still an option: The cop apparently slept with a loaded gun in his bed…
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Emporia, VA Traffic Ticket Reduced to Minor Non-Moving Violation
Emporia, VA – Traffic Ticket Reduced to Minor Non-Moving Violation Last month, Samantha Upton of Weiland Upton, PLC, Attorneys at ... The post Emporia, VA Traffic Ticket Reduced to Minor Non-Moving Violation appeared first on Weiland Upton.
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Greensville, VA – 90 mph Reckless Driving Reduced to 79 mph Minor Speeding Ticket
Greensville, VA – 90 mph Reckless Driving Reduced to 79 mph Minor Speeding Ticket Earlier this month, Samantha Upton of ... The post Greensville, VA – 90 mph Reckless Driving Reduced to 79 mph Minor Speeding Ticket appeared first on Weiland Upton.
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"Finality and the Capital/Non-Capital Punishment Divide"
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Extra DUI Enforcement On Minnesota Roads Through Christmas
On the heels of a big increase in DUI arrests over the Thanksgiving holiday weekend, the Minnesota State Patrol announced that they will be conducting extra DUI enforcement through December 30. According to the numbers from Thanksgiving, this was the highest weekend DUI arrest total since 2014. Here’s a closer look at the breakdown of drunk driving arrests over the Thanksgiving holiday weekend. Courtesy MNDPS_OTS on TwitterExtra Enforcement Planned The holiday season is often one of the most deadly times on Minnesota roads for a number of reasons. Road conditions worsen as snow and ice are added to the mix, more people hit the road as they travel for holidays, and if you add alcohol to the mix, you have a deadly combination. The Minnesota Department of Public Safety’s Office of Traffic Safety knows this, and they want to help spread the word that police will be out in full force looking for inhebriated drivers, so Minnesotans should make good decisions when it comes…
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Fine Only No jail or license suspension for 103 MPH in Greensville, Virginia
Fine Only No jail or license suspension for 103 MPH in Greensville, Virginia Just a few weeks ago, Samantha Upton ... The post Fine Only No jail or license suspension for 103 MPH in Greensville, Virginia appeared first on Weiland Upton.
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