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METAPHSYICS

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Let’s get Metaphysical! (Apologies to Oliva Newton John). UBER- FRONT OR BACK?First, the burning question of the moment: Uber/Lyft- front seat or back?It’s creepy to get into the front seat with a stranger, especially drivers that don’t talk. But I always feel bad when I get in the back seat arnd the driver is cool and chatty. There doesn’t seem to be a solution to this dilemma. LOG ME IN PLEASEI was trying to log on to something yesterday and of course I forgot my info. So then I had to long on to my app that stores all my info. And then I logged on to the app I was trying to log on to. And I realized that I do that about three times a day. Five minutes per issue…fifteen minutes. TM says you should meditate twenty minutes a day twice a day. So what is my time better spent? Logging into apps so I can log into apps? Or meditating? And then I thought this: Logging is now something we do all the time. Every day. Multiple times a day. Until we log…

Pedro Pablo Kuczynski su trabajo PRIVADO que resulta NEGOCIO PÚBLICO

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http://www.expreso.com.pe/destacado-portada/la-cronologia-los-lobbies-ppk/ Las personas que desnudan su corazón  en defensa del nefasto personaje de la foto DEBEN leer este artículo y DEFENDERLO si piensan que es inocente con pruebas QUE REFUTEN toda la  porquería que leerán DEBIDAMENTE DOCUMENTADA, si se atreven obviamente y recuerden QUIÉN CALLA OTORGA. Este gringo, amante del dinero y que los cholos ignorantes a los que dirige   le besen las manos, no acepta que esos  indios se atrevan a cuestionarlo ¡¡son unos ignorantes, ustedes no saben nada!!, HE TRABAJADO PARA TODAS LAS EMPRESAS QUE CITAN ¡por qué eran asuntos privados!, que contrataran con el Estado posteriormente en base a MI  trabajo PRIVADO no me interesa porque es un NEGOCIO PÚBLICO. ¡¡Vamos, vamos, defensores del gringo quiero verlos argumentar!! háganlo antes que aterrice Nicolás…

Claus on An Independent Attorney General

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Laurence Claus (University of San Diego School of Law) has posted The Divided Executive on SSRN. Here is the abstract: Article II’s apparent provision for a unitary executive is at odds with a mature understanding of what makes the separation...

California Lawyer: Drone Searches: A New Frontier for the Fourth Amendment

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California Lawyer: Drone Searches: A New Frontier for the Fourth Amendment By Kevin Moon and Brandon Franklin: The use of drones spurs reassessment of time-honored privacy concerns. Recreational and commercial drone use has skyrocketed since the United States Congress’ mandate … Continue reading →

Making and Saving Money While On Workers Compensation

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If you weren’t aware, the amount of money you receive when you’re on workers compensation, is only 2/3 of your average wage. So, less money means a bit more budgeting. But, what can you do while injured to make sure that your financial goals are still met? And how can you earn a little more money to make sure you can still live comfortably? Well, we’ve got a few tips for saving money while on workers comp. Obviously everyone’s situation and injury is different, so you’ve got to find what works for you! Saving Money and Making More While on Workers Compensation First things first, plan ahead of time I know if you’re already injured this might not be particularly helpful, but, use it as your motivation for creating a deeper savings account just in case. It doesn’t have to be with anything in mind, but more as a means of ‘just in case’. Plus, if you never end up needing it— that extra money can be a great retirement…

Austin’s Nighttime Curfew May be Rescinded

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Young people under the age of 17 face a nighttime curfew if they go out in Austin. However, the city’s interim police chief Brian Manley is urging the city council to scrap it. Earlier in the year, Manley supported the curfew. The Statesman reported he told the Public Safety Commission he changed his mind in September. Manley said if the council agreed and there was a rise in crime, he would ask elected officials to reinstate it. Under Austin’s nighttime curfew, it’s a misdemeanor crime for anyone under the age of 17 to be out in the city in public or in a business between the hours of 11 p.m. and 6 a.m. In June, the City Council terminated the city’s daytime curfew, which required controls between 9 a.m. and 2:30 p.m. on school days. Under Texas law, any city curfew will expire unless it’s reviewed and readopted every three years. Austin has had a curfew law in place since 1990. The Public Safety Commission unanimously voted to recommend that the…

SEARCH INCIDENT TO ARREST: HOW FAR CAN IT GO?

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When police arrest you, they are permitted to make a search incident to the arrest. But the search must still be within certain limits. How far a search may go is fact specific, and different judges may see the circumstances differently. Generally, subject to certain exceptions, an officer may search for weapons in the area within a defendant’s reach to ensure the officer’s safety. The officer may also search the defendant’s person to prevent destruction of the evidence. A warrantless search incident to arrest may be performed even if the defendant is in handcuffs. Illinois cases have permitted a search under a bed or in a pile of clothes within the defendant’s immediate control. However, the Illinois Appellate Court struck down a search above a bathroom’s ceiling tiles where the defendant was arrested in a separate room and the bathroom was not within his immediate reach, even though it looked like there might have been tampering with the…

CAN THE STATE USE THE RESULTS OF A FORCED BLOOD OR URINE TEST? IT DEPENDS ON WHO’S DOING THE FORCING

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In most cases, the police cannot forcibly draw your blood or urine without a warrant. But what if it’s the doctor who’s forcing the tests as part of your treatment plan? According to a recent Illinois appellate case, the state can use forcibly drawn tests, provided the hospital is not acting as an agent of the police. In People v Sykes, the defendant was knocked unconscious after driving her car into a wall. The hospital believed defendant was in an altered mental state, and that the doctor would need to know what drugs were in her system in order to provide treatment. When the defendant refused to submit voluntarily to a urine test, the nurse asked for police help in restraining defendant so she could be catherized. The court held that the Fourth Amendment, which bars unreasonable searches and seizures, only applies to state action and not to private parties. Since the police had not asked the hospital to perform the tests, and the hospital would have forcbily…

The Risk and Reward of Night Driving for Tractor Trailers

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Many truck drivers make the conscious choice to drive at night. The road is inevitably less congested, they can finish quicker— and maybe even collect a bonus for finishing in a time crunch. But, night driving comes with its own set of risks. From the drivers side, to other motorists— there are a few more factors to consider when it comes to night driving and tractor trailers. So we’re going to break it down from you and help you understand the in’s and out’s of night driving for tractor trailers. The Risk and Reward of Night Driving for Tractor Trailers First things first, I want you to understand that there are plenty of positive reasons for truck drivers to operate at night. For one, there are less people out on the roadways. This makes for a less stressful drive, and more room for them to operate comfortably. There is also typically less of a wait for fueling up, and less weigh stations are open— so, less stops, and less time spent on the…

What Kinds of Rights Do Stepparents Have?

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When parents go their separate ways, they are free to see and date who they want to. The end result is sometimes marriage; and with kids, that means stepparents. In fact, one out of three Americans is now or has been a stepparent. But, does a stepmom or stepdad have any rights when it comes to your child or children? Let’s explain. A stepparents’ rights are very limited unless they have legal custody. Even when a child’s biological parents designate a stepparent to handle issues relating to health and education, medical personnel and school officials are not required to make information available to them. Stepparents also do not have the right to file for child custody when divorcing the biological or custodial parent, unless extreme circumstances occur (such as child abuse). However, there is sometimes a different type of precedent for stepparents’ rights in New Jersey. Known as third-party rights, custody can be awarded to a stepparent if it is found…

Innocence Project Back in Court to Defend Eric Kelleys Right to New Trial

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Last year, just days before Thanksgiving, Eric Kelley and his co-defendant Ralph Lee were freed from prison in New Jersey. A Superior Court judge released the men on bail after their 1993 murder and robbery convictions were vacated last September based on new evidence which points to their innocence. Sadly, despite the judge’s decision, the Passaic County prosecutors believe that the men shouldn’t have been released. And today, the Innocence Project—which is representing Kelley—was in court to argue that the state appeals court should not reverse the court’s ruling to grant new trials. Before Kelly and Lee were freed from prison, the two men had spent nearly a quarter of a century of their lives in prison for a murder that they’ve long maintained they did not commit. In September, a New Jersey judge determined that compelling evidence, including new DNA testing which excluded them from the crime scene, entitled them to new trials. The judge…

NY Times editorial laments "The Problem With Parole"

News Scan

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Quad Killer's Death Sentence Upheld:  The death sentence of a Kansas man who murdered his estranged wife, her grandmother and two daughters in 2009, was upheld by the state Supreme Court last Friday.  Morgan Chilson of the Topeka Capital-Journal reports that attorneys representing James Kahler claimed that misconduct at trial by the prosecutor and the judge voided his conviction.  The defendant also claimed that his death sentence was unconstitutional because he was suffering severe mental impairment at the time of the murders.  In a divided decision the Supreme Court rejected all ten of the defense claims. The facts presented in the decision described how at around 5:30 pm on November 28, 2009, Kahler, who was separated from his wife, walked into the kitchen of his wife's grandmother's house during a family gathering and shot the wife dead.  He then walked into the other rooms and shot the grandmother and two daughters aged 16 and…

38th District Court & 39th District Court: Back to Back Jurisdiction for Drunk Driving, Traffic Tickets and Criminal Matters in Eastpointe, Roseville and Fraser

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MAP OF MACOMB COUNTY DISTRICT COURTS Eastpointe and Roseville Courts: Bulging Criminal, Drunk Driving and Traffic Dockets The 38th District Court (known as the Eastpointe Court) and the 39th District Court (known as the Roseville Court), are neighboring district courts in the southeastern part of Macomb County. Districting is based upon several factors which include density and traffic. As the above map illustrates, these districts are relatively small in relation to other districts in Macomb County. They cover a combined geographic area of approximately 20 square miles compared to the 42-1 District in Romeo which encompasses an area of 180 square miles. Continue Reading

Perlin et al. on Civil and Criminal Mental Disability Law

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Michael L. Perlin, Deborah Dorfman and Naomi Weinstein (New York Law School, Center for Public Representation and New York State Unified Court System - Mental Hygiene Legal Service) have posted 'On Desolation Row': The Blurring of the Borders Between Civil...

Recent Developments in Bail Law in California

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Recent developments in Bail Law in California If you ask most lawyers about bail, they will tell you to call a bail bondsman. Many will even suggest you call one that they know and regularly do business with. This is probably not the answer you want to hear when you or someone you love is in custody and has questions about bail. What you want to hear is how your lawyer can help explain how bail works, what the options are for the client or the client’s family and how recent changes in the law may dramatically reduce the cost of bail. Bail Reduction First, when a client is in custody, consider calling the on-call magistrate and asking for a bail reduction. The magistrate may say “no” but there is certainly no harm in calling. Any lawyer in Los Angeles who doesn’t have the telephone number for the bail magistrate is likely someone you should consider not hiring on your case. Next, consider waiting a day or two until the defendant goes…

COLOMBIA??? WHO KNEW??

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Miami lawyer and frequent REGIB habituate Joaquin Perez has been barred from entering Colombia. That's the country, not the University on the upper west side of Manhattan (which is spelled Columbia btw). Perez is now abogado non grata in Colombia and the prisons in which narco-traffickers are being held pending extradition to the United States. The Herald in this article says that Miami lawyers are flying to Colombia, and making lots of money getting deals for people who are being held pending extradition to the United States!!!!Say is ain't so joe. We are shocked, shocked to find that there is gambling on these premises. Miami lawyers....flying to Colombia...cutting deals....for money??? Nah. From Occupied America, fight the power!!Site Feed

"The April 20 Cannabis Celebration and Fatal Traffic Crashes in the United States"

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The title of this post is the title of this notable new "Research Letter" authored by John Staples and Donald Redelmeier published in JAMA Internal Medicine. Here is how the publication starts and ends: On April 20 each year, thousands of Americans celebrate the intoxicating properties of marijuana on a...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/iu2yErPQO6s" height="1" width="1" alt=""/>

Resist Trump -- Play Ball!

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As the #shithole that lurks in the White House seeks to delegitimize truth, justice and the American Way, it is critical that we #resist by protesting, mobilizing and organizing.  We must insist on truth and push relentlessly for justice, but we also can't forget to celebrate the American Way -- by which I mean reveling in those profoundly American institutions that cannot be tainted by that malevolent shit-gibbon who is befouling just about everything else.  For me those sacred institutions include jazz, movies and, of course, baseball.  And so spring and Spring Training could not come too soon.  Cue the Ken Burns music and read the next paragraph in a deep baritone voiceover.Spring training, like spring itself, is a time of renewal and rebirth; a time when even the lowliest team has hope for the season ahead.  Critical trades and free agent signings over the winter have bolstered the team's…

Interesting tales of a local grand jury that decided some drug cases were not as criminal as a ham sandwich

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