Reviewing Iris M. Barsan, Legal Challenges of Initial Coin Offerings (ICO), 3 Revue Trimestrielle de Droit Financier (RTDF) (2017), available at SSRN. Verity Winship Cryptocurrencies and Initial Coin Offerings (ICOs) present an extreme challenge to law organized by national boundaries. Legal Challenges of Initial Coin Offerings by Iris M. Barsan—a modestly titled (for US standards) and concise article—provides a comparative account of the regulation of cryptocurrencies. Fundamental questions are at stake: What are cryptocurrencies? Are they money? Securities? Something completely new? One of the article’s strengths is its recognition that we should care deeply about who gets to provide the answer. The article contributes to a growing literature about a hot topic by being explicit about the jurisdictional and choice-of-law issues inherent in transactions carried out in what the author describes as “completely virtual spaces without any…
Cryptocurrencies, Le Bitcoin, and Regulatory Reach
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A Paean To Judicial Bias?
Brooklyn Supreme Court Justice Thaddeus Owens used to do a shtick from the bench. He would put on his best Amos ‘n Andy voice and lecture black defendants about their irresponsible conduct. When I was a baby lawyer and had my case called before my client showed, a judge (who shall remain nameless) explained to me that it wasn’t my fault, as my client was on “CP time.” Both of these judges had one thing in common. They were black. My good friend, Mark Herrmann, offers a post to suggest that judges bring their life experiences to the bench, and so we should anticipate that movements like #MeToo will be reflected in their approach to cases and their rulings. Bear with me for a minute: In 1983, the federal appellate judge for whom I clerked had a photograph on her chambers’ wall: She had been one-third of the first-ever, all-female federal appellate panel, and the Los Angeles Times had covered the event. (Here’s a link to…
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Don’t Be Fooled by DWI Lawyers Who Lack Sex Crime Expertise
Did you know that ride-sharing services like Uber and Lyft have dramatically helped reduce drunk driving in some cities? One year after Uber entered the market, for instance, drunk-driving arrests in Houston dropped by 16.5 percent. And this reduced rate increased the next year too. That’s a good thing. A great thing. Unless you’re a criminal defense attorney who focuses on DWI cases. Because they’re seeing less business, many DWI lawyers are beginning to claim expertise in alternative areas to drum up more business in other practice areas, including legal defense for sex crimes and other serious felonies. Yes, the very same lawyers who advertise the importance of hiring only a specialized DWI lawyer now present themselves as sex crime experts, despite having no special background in this area. If you face a sex crime charge in Houston, you don’t need a DWI lawyer with time on his hands who pretends to be a sex crime expert. You need a lawyer with the…
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IDEL VEXLER Y TRES MIL MILLONES DE INVERSIÓN
El Ministro de Educación, pintoresco funcionario del este gobierno de ladrones ha declarado en RPP, hace apenas unos minutos, son las 7.30 de la mañana de hoy, 05 de marzo de 2018, que su sector está invirtiendo Tres mil millones de Soles para poner a punto todos los colegios de la República. APUESTO DOBLE contra SENCILLO que en marzo del año 2019 el inicio del año escolar encontrará al sector educación IGUAL o PEOR que este año SI LA COBARDÍA Y LA PODREDUMBRE no es eliminada VACANDO al funesto administrador del País. NO OLVIDEN ESTA DECLARACIÓN PERUANAS Y PERUANOS.
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Post-Divorce Modifications in New Hampshire
Your divorce is final; you’ve begun moving on with and rebuilding your life. To your chagrin, you come across some aspect of the newfound divorce settlement – financial, custodial, contractual, or what have you – that is not what you expected or is otherwise unsatisfactory. The conclusion of a divorce is not always the end of your legal entanglements with your ex-spouse. New issues can arise over time that was not immediately evident at the time you signed off on the divorce settlement. The divorce decree is not etched in stone. It can and often will be altered in some way after the divorce. A significant life change usually prompts some type of post-divorce modification. A post-divorce modification may not necessarily be the result of a dispute, rather there may be a change of circumstances that requires you to adjust some aspect of your divorce settlement. Perhaps a new job forces you to change the official time-sharing schedule with your spouse. Perhaps…
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Short Take: NYPD’s 319 Secrets
It’s “secret” in the sense that it’s not public, but it’s hardly a secret in the sense that everybody involved in criminal law didn’t know about it. Section 50-a of the New York Civil Rights Law expressly says so. All personnel records used to evaluate performance toward continued employment or promotion, under the control of any police agency…shall be considered confidential and not subject to inspection or review without the express written consent of such police officer, firefighter, firefighter/paramedic, correction officer or peace officer within the department of corrections and community supervision or probation department except as may be mandated by lawful court order. There are ways to get a specific officer’s personnel records, but there is no means by which to get the personnel records of all cops who have been subject to discipline. Unless, of course, someone leaks them to you. Secret files obtained by BuzzFeed…
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***Final Update ****** Crash on I84 Causing Blockage Near Caldwell
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 3/6/2018 6:14 a.m. Please direct questions to the District Office ****Final Update**** All lanes of travel are now open. 3560 ***End of Update*** ****Update************* On March 5, 2018, at approximately 10:50 p.m., the Idaho State Police investigated a commercial vehicle crash westbound I84 at milepost 29, near the Franklin exit in Caldwell. Robert Pickering, 59, of Pleasant Grove, UT, driving a 2008 Volvo tractor, went off the right shoulder, overturned. The semi caught on fire and was fully engulfed. Pickering was transported by ground ambulance to St. Luke's Nampa Medical Center. Unknown if he was wearing a seatbelt. Westbound lanes are still completely…
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How Does Domestic Violence Impact a Divorce?
Domestic violence can happen to anyone. You may be ready to escape a violent marriage, but you can’t deal with the thought of legal battles or testifying in divorce court. You just want to get out. First and foremost, you need to protect yourself. Your safety is more important than your legal issues. Once you are safe from harm, you can begin to figure out your legal situation. Get Out or Get Help If you are under the threat of domestic violence, call the police or get out of the house. Don’t worry about how this will impact your divorce yet. If you don’t feel threatened, then you should consult with a divorce attorney. This gives you a chance to understand the legal consequences of moving out, separating, and getting protective orders. Consult a Family Law Attorney If you abandon your spouse by moving out, this may influence your ability to receive alimony under North Carolina law. It’s best to talk to a divorce attorney first, so that you don’t…
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Lee & Choi on Professional Managers and Corporate Crime
Changmin Lee and Hansoo Choi (Hanyang University - Seoul Campus and KIPF (Korea Institute of Public Finance)) have posted Why Do Professional Managers Collude in Corporate Crimes? New Evidence from the Dark Side of Family Controlled Firms on SSRN. Here...
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Five Things to Do if You Are in a Georgia Auto Wreck
Most of us don’t think we’ll be involved in a Georgia auto wreck. However, according to Forbes, an average driver will be in a collision involving an insurance claim once every 17.9 years. Even though most of us will be in a car wreck at some time, few of us are prepared. If we end up in a collision, we may panic or fail to do things that will safeguard us. Here are five things you should do if you are in a car crash in Georgia. Tips after a Georgia auto wreck 1 Ensure You Have Adequate Insurance In Georgia, drivers must choose an insurance policy that, at a minimum, protects them from costs associated with a death in a car crash, or injuries and destruction of personal property totaling under $25,000. For accidents involving two deaths, an insurance policy has to cover up to $50,000 in costs at a minimum, according to a SafeAuto Insurance article. Ideally, you should have more insurance coverage. If you are hurt by a hit-and-run driver or another driver…
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[Infographic] Virginia’s Most Shocking DUI Statistics
Virginia is known for having tough laws against drunk driving and has made efforts to reduce the rates of drunk driving and alcohol-involved crashes. Despite everything that is done to discourage drivers from drinking and driving, drivers continue to get behind the wheel after consuming alcohol. The infographic below highlights several of the most shocking statistics related to drunk driving in Virginia. [ Download the full size PDF] Virginia DUI Statistics 1.4% of Virginians have reported that they drove while drunk in the past 30 days. Not only is driving a vehicle while impaired a serious crime, it puts your life and the lives of others in danger. Drunk Driving in Virginia Alcohol-related crashes account for about 30% of all traffic fatalities in the state of Virginia. The US Centers for Disease Control and Prevention (CDC) reports that from 2003-2012, 2,613 people were killed in crashes involving a drunk driver in Virginia. Although driving becomes illegal when a person is…
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Driving After Suspension, Revocation or Cancellation in Minnesota
If you end up committing a serious driving infraction, or you’ve been found guilty of a number of lesser traffic offenses, the state of Minnesota can step in and suspend, revoke or cancel your driver’s license. We know how important it is that your keep your driver’s license, so don’t just ignore citations or letters from the state and continue driving like there is nothing wrong. Be proactive and take care of the problem before it gets worse. The best way to do this is with a traffic ticket lawyer. Loss of Driver’s License Your driver’s license can be revoked or suspended for a variety of reasons, and many people end up losing their license due to an accumulation of offenses within a short period of time. For example, your license will be revoked for 30 days if you receive three misdemeanor traffic offense convictions within a 12-month period, 90 days for four convictions in a 12-month period, or 1-year for five or more convictions within 12…
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BOSTON POLICE OFFICERS ARE CAUGHT ON TAPE BEING ASSAULTIVE (Part Two of Three)
As we continue our voyage through the seasons, at the rate of a season a day, let’s continue with our discussion begun last week. A recent article in the Boston Herald, , discussed the recent run of videos which reveal the underside of law enforcement officers which most people would rather ignore. Generally speaking, if anyone else acted in this way, the result would most likely be Assault charges. We discussed one such case last week. There are many more. In fact, cellphone videos capturing intense interactions between law enforcement and residents have caused repeated headaches for the Boston Police Department in recent years. The origin of some of the videos, however, might surprise you. For example, back in June, A movie trailer-style video described a local cop and a “dog with a limp” as partners “in the fight between good and evil.” The video ends with text that reads: “This summer, black people have met their…
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The Crime Report: Does Police Immunity for Wrongful Arrests Really Deter Crime?
The Crime Report: Does Police Immunity for Wrongful Arrests Really Deter Crime? In the wake of ongoing attention to police misconduct, a new economic study considers the cost of granting full immunity to officers for wrongful arrests and detention of … Continue reading →
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Common OUI Defenses in Massachusetts
In MA – and all states – a blood alcohol content (BAC) of .08 percent or higher will likely result in an OUI or DWI conviction. If you happen to be under 21 at the time of your arrest, you can be convicted if your BAC is .01 percent. And the penalties for even a first-offense OUI can wreak havoc on a person’s life. Do Any of these Scenarios Sound Familiar? Fortunately, there are multiple defenses against drunk driving charges. Maybe the breath test readings were inaccurate, or maybe you were never read the Miranda warning. Although an above-limit breath test reading is difficult to challenge, it is not impossible. If any of the scenarios below sound familiar, an experienced MA OUI defense attorney may be able to get your charges reduced, or dismissed entirely. No probable cause: If police stopped your vehicle and arrested you for OUI without probable cause, any evidence may be inadmissible in court. There are some exceptions to the probable cause rule,…
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Soo on Right to Counsel in the EU
Anneli Soo (Maastricht University - Faculty of Law) has posted (Effective) Remedies for a Violation of the Right to Counsel During Criminal Proceedings in the European Union: An Empirical Study (Utrecht Law Review, Vol. 14, No. 1, p. 18-60, 2018)...
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Understanding Nursing Home Neglect and Abuse
As the “baby boomer” generation ages, more and more elderly or disabled individuals will need care in a nursing home. A new study estimates that over half of all Americans will require some sort of nursing home stay in the future. This estimate is much higher than experts had previously thought. Unfortunately, this increased need for nursing home facilities and staff has left some nursing homes understaffed and grossly mismanaged. Widespread Problems Elderly individuals deserve to be treated with compassion and respect and to feel safe in their home, but unfortunately, many nursing homes are not as safe as they should be. A congressional report showed that almost a third of all nursing homes had committed violations which could cause harm to residents. In a survey of nursing home residents, 44 percent reported that they had been abused while staying in a nursing home. Even more shockingly, 95 percent of nursing home residents reported that they had seen nursing…
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New Jersey “Dry Towns” Have Higher Rates of Arrests
A DWI conviction has the potential to derail your life. If you have been arrested or charged with a DWI, you need an experienced New Jersey DWI attorney without delay. With years of experience, we understand the nuances of this area of law and how to challenge a DWI arrest. We are dedicated to protecting the rights of each and every one of our clients throughout the entire legal process. A study of municipalities around New Jersey written by NJ.com found that some local police departments are much more assertive than others in enforcing these laws. You may be surprised to know that some New Jersey cities prohibit the sale of alcohol within city limits. In fact, more than 30 municipalities still forbid the sale of alcohol. Nationwide, approximately 18 million people live in dry areas, which make up about 10 percent of the land area in the U.S. Some of these people even live in “dry counties” but still see higher rates of deadly crashes and arrests. Similarly, the…
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No Hayek In Higher Ed
Despite all evidence to the contrary, getting admitted to Yale remains the goal of students who want to grasp the gold ring. And assuming they’re reasonably intelligent, they would be expected to pick up on the message Yale is sending to students about what it will be looking for. Walter Olson explains. “For those students who come to Yale, we expect them to be versed in issues of social justice,” Ms. Mendlowitz writes. “I have the pleasure of reading applications from San Francisco, where activism is very much a part of the culture. Essays ring of social justice issues.” Even if applicants from less-fortunate areas of the country cannot be expected to meet the Bay Area standard, the message is clear. The post is titled “In Support of Student Protests.” This endorsement of activism raises a few questions. Would Yale really turn away a brilliant young flutist, chemist or poet who, while solidly educated in history, religion and…
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Income Included in Spousal Support Calculations
What sources of income are commonly included when calculating spousal support in a divorce case? While the specifics vary by jurisdiction, in general the courts will commonly consider: wages, investment income, business income, rental income, and royalties. Tracy talks in this video about why it is important to have a forensic accountant evaluate these items and how they should be factored into the spousal support calculations.
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