Quantcast
Channel: Recent Criminal Law posts - Justia BlawgSearch.com
Viewing all 71805 articles
Browse latest View live

What Happens When You’re Injured While Working from Home?

0
0
As a salaried employee, you handle customer service complaints remotely. In fact, consumers might be surprised to learn that you’re not working from a cubicle in a big office building. Unfortunately, just like any other employee, you are at risk for injury while working from home. So, what happens? Are you entitled to workers’ compensation benefits? If your job requires you to perform some duties from home, you are not alone. According to the latest numbers from the Bureau of Labor Statistics, 24 percent of employees did at least some of their work from home in 2015. Companies such as Amazon, American Express, and Dell all offer remote positions. The concept of working from home is often referred to as telecommuting or teleworking. Some examples of professions that offer this type of work arrangement include the following: Inside and outside salespeople Customer service representatives Travel agents Technical help desks Website designers and creative personnel…

Actress and Comedian Yvonne Orji Joins Innocence Ambassadors!

0
0
The Innocence Project is pleased to announce that actress, comedian and writer Yvonne Orji is now an Innocence Ambassador! Orji co-stars in HBO’s hit comedy-series Insecure, in which she plays a high-powered attorney who routinely confronts issues related to the intersectionality of race and gender dynamics in the corporate law setting. Born in Nigeria, Orji grew up in Maryland and received a master’s degree from George Washington University. While her parents had hoped she’d become a doctor, Orji eventually became interested in comedy and headed to New York City to pursue a career in it, before later moving to Los Angeles. “I’m looking forward to partnering with the Innocence Project to give a voice to so many who feel voiceless,” said Orji. “A lot of our young men and women are falsely incarcerated and we have a duty to use our platforms and voice to help those who can’t help themselves.”  Orji’s other…

News Scan

0
0
Washington Killer Challenges Death Penalty:   A convicted murderer on Washington's death row is asking the State Supreme Court to overturn his death sentence and find the state's death penalty unconstitutional.  Austin Jenkins of the Northwest News Network reports that, armed with a 2014 report from the University of Washington, attorneys for Allen Gregory argue that Washington jurors are more that 4 times more likely to sentence a black murderer to death than a white murderer. The validity of the report has been the subject of vigorous debate since it was released.  Matt Driscoll of Seattle Weekly reports on the reason Gregory is on death row.  On July 27, 1996, a friend found  47--year-old bartender Genie Harshfield's nude body lying face down,  with her hands tied behind her back.  She had been raped, beaten and stabbed three times in the back and her throat was slit.  DNA evidence tied Gregory to the murder.  In…

Testimony Begins in Bill Cosby Retrial

0
0
Bill Cosby, 80 and legally blind, is being retried for drugging and assaulting Andrea Constand. The defense, led by Tom Mesereau, presented its opening argument today, calling Constand a con artist who was out for money. “Andrea Constand... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

UNSCRUPULOUS DRUG REHABILITATION CENTERS CONTRIBUTING TO SOUTHERN CALIFORNIA’S HOMELESS POPULATION

0
0
For those of us who live in Southern California, the increasing sight of homeless encampments has been cause for both compassion and alarm. The ever-increasing number of homeless people in our area is often attributed to spiking rental rates and the increasing costs of living here. But there may be an additional explanation that we don’t often hear about or read in the news: out-of-state addicts are being lured into Southern California by unscrupulous drug and alcohol rehab operations. Driving this trend is the California law that allows a person to sign up for an Affordable Health Care Act (Obamacare) health insurance plan the day that person arrives in California. Not all states have the easy signup that is allowed through the program known as Covered California. Because anyone can be covered under this plan in California, recruiters fan out across the country looking for addicts they can lure to a California rehab facility. There are approximately 10,000 patient beds…

The CLOUD Act: Arguments For and Against  

0
0
The DOJ and Microsoft have both filed motions to dismiss as moot the seminal data privacy case before the Supreme Court this term, United States v. Microsoft Corp. At issue in the case is whether the warrant provisions of the Stored Communications Act (SCA) apply extraterritorially, such that they compel Microsoft, an electronic service provider to produce private electronic communications stored on servers in Ireland for the United States government. In their respective motions, the two parties agree that there was no longer a “live case or controversy” with respect to the question presented, due to a piece of recently-enacted legislation called the Clarifying Lawful Overseas Use of Data Act (CLOUD Act). Congress attached the bipartisan legislation to an omnibus spending bill, and it was signed into law on March 23, 2018. The act states as follows: “A provider of electronic communication service or remote computing service shall comply with the obligations of…

Professional Who Changes His Career Focus Receives Minimal Spousal Support Relief

0
0
In my view the heaviest family litigation traffic amongst aging boomers will be in reviews, variations, and applications to terminate spousal support, based on section 17 of the Divorce Act. The Hepburn case is illustrative of this prediction. (Hepburn v. Hepburn 2013 BCCA 383) Dr. Hepburn, age 55, was a family physician that had a modest sideline writing a syndicated medical column for local newspapers from which he earned about $30,000.00 per annum. After 26 years of marriage the Hepburn’s separated in 2006. Mrs. Hepburn, age 65, had raised their four children and occasionally performed bookkeeping and administrative duties for her husband’s medical practice. The parties negotiated a settlement, agreeing that Dr. Hepburn’s income for the purpose of a Spousal Support Advisory Guideline calculation was $220,000 while his wife’s was nil. He agreed to pay his wife $8,000.00 a month indefinitely with no review. In 2008 Dr. Hepburn decided to amp up his…

MARIJUANA ADDICTION AND DRIVING IN CALIFORNIA

0
0
Alcohol addiction afflicts many individuals and no doubt, is one of the main factors in many DUIs. But what about marijuana? Is marijuana also addictive? Now that recreational marijuana is legal in California, will we start seeing an increasing number of multiple driving under the influence of marijuana offenders and an increasing number of crashes caused by marijuana-influenced drivers? According to the National Institute on Drug Abuse (NIH), a person with “marijuana use disorder” uses marijuana frequently and often experiences withdrawal symptoms if he or she stops using the drug. This disorder, according to NIH, afflicts approximately 30 percent of those who are marijuana users. Some individuals with Marijuana Use Disorder cannot stop using the drug; these individuals become addicted to marijuana. The NIH reports that approximately 9 percent of marijuana users will become addicted. In 2015, approximately 40 million people in the United States have marijuana use…

Kramer et al. on The Death Penalty in Pennsylvania

0
0
John H. Kramer, Jeffery Todd Ulmer and Gary Zajac (Pennsylvania State University - Department of Sociology and Criminology, Penn State University and Pennsylvania State University - Justice Center for Research) have posted Capital Punishment Decisions in Pennsylvania: 2000-2010: Implications for...

Deeks on Predicting Enemies

0
0
Ashley Deeks (University of Virginia - School of Law) has posted Predicting Enemies (104 VA. L. REV. __ (2018, Forthcoming)) on SSRN. Here is the abstract: Actors in our criminal justice system increasingly rely on computer algorithms to help them...

Case involving alleged violations of federal environmental laws dismissed

0
0
Violating federal environmental laws can result in serious criminal penalties. Here’s how we helped our client avoid being charged. Last week, our firm successfully resolved a criminal investigation initiated by the Environmental Protection Agency focusing one of our corporate clients – an energy corporation engaged in selling used oil. After three years of representing the… The post Case involving alleged violations of federal environmental laws dismissed appeared first on Pate & Johnson Law Firm.

Berry on Magnifying Miranda

0
0
William W. Berry ( University of Mississippi School of Law) has posted Magnifying Miranda (50 Texas Tech L. Rev. 97 (2017) (symposium)) on SSRN. Here is the abstract: This article is part of a symposium held at Texas Tech Law...

Erlich Bachman's Bad Day

0
0
          T.J. Miller has a temper, but we knew that. Fans of “Silicon Valley” heard the rumors. The 36-year-old comedian was not invited back after four seasons on the hit show. Entertainment reporters said he was erratic on set, often coming late to table reads, and then, well, sometimes appeared to work drunk and/or high.          But last month, Mr. Miller, who played the character Erlich Bachman, got into a squabble with a fellow passenger on an Amtrak train passing through Connecticut. He appeared to have had a few too many to drink; the woman was not amused by his advances; he thought he’d teach her a thing or two. So he called in a bomb threat, stating that a woman more or less matching the appearance of his antagonist was behaving in a suspicious manner.          Amtrak and law enforcement responded. There was no bomb. But what there was…

On indigent defense and 'unfunded mandates'

0
0
Grits is broadly sympathetic to the much-ballyhooed claim (championed most prominently by the Texas Association of Counties) that Texas state government unfairly cost shifts to county and municipal governments via "unfunded mandates." But critics of unfunded mandates are wrong to include indigent defense in the "unfunded mandate" critique and are only doing so by ignoring the real and much more costly "unfunded mandates" running in the other direction.In the Waco Tribune Herald, McLennan County Precinct 4 Commissioner Ben Perry articulated the oft-heard complaint:Indigent defenses expenses are a good example of an unfunded mandate forced on counties, Perry said. The state once covered the costs of providing legal representation for people accused of crimes who cannot afford adequate defense, as required by the U.S. Constitution. But the state has been reducing its contribution for years. The county has almost $4.7 million budgeted for…

Federal district judge finds Michigan's elimination of good-time credit in Miller fix unconstitutional


Autistic Child Charged with Battery for Hitting Teacher

0
0
A second-grade special education teacher was allegedly hit in the face by a student with autism in her class when she removed his iPad from his possession and he became upset. The teacher has filed battery charges against the child in response to the incident. DJ, an 8-year-old boy who suffers from autism, is a student in the second grade at the Martin Luther King Jr. Elementary School located in Rio Rancho, New Mexico. Autism is defined as a condition which can present itself in a multitude of ways affecting social skills, communication, and behavior. The varying symptoms and manifestations of those with autism have been linked to “different combinations of genetic and environmental influences.” The Centers for Disease Control and Prevention report that as many as 1 out of every 68 children in America are diagnosed with autism. Continue reading →

Michael Cohen's Attorney Speaks - No Need For a Search

0
0
Playing the press has become an important component in handling a white collar case. In the past, one might remain silent and let the case be resolved prior to making any statements, especially press-related statements. With the speed of the...

Neoliberalism and the Lost Promise of Title VII

0
0
Deborah Dinner, Beyond “Best Practices”: Employment-Discrimination Law in the Neoliberal Era, 92 Ind. L.J. 1059 (2017). Henry L. Chambers, Jr. In Beyond “Best Practices”: Employment-Discrimination Law in the Neoliberal Era, Professor Deborah Dinner explores how neoliberalism of the late twentieth century has influenced Title VII’s interpretation and destroyed Title VII’s ability to transform the American workplace into one where employees are properly treated, fairly valued, and fully compensated. She suggests that neoliberalism’s focus on a minimal role for state intervention and on the individual worker as a completely realized market actor capable of protecting her interests through negotiation with an employer is problematic. It has led to an interpretation of Title VII that functionally expands employer prerogatives regarding terms of employment, limits employee power, and legitimates the economic inequality and class…

Attorney/Client Privilege And A Broken Taillight (ACLU Update)

0
0
Donald Trump twitted “Attorney-client privilege is dead.” It was no less inane than any other Trump twit, but buried within the typically ignorant grasp of law is a matter of grave concern for lawyers and clients. The search of his lawyer’s office fell within the long-recognized crime/fraud exception, but the cheering and jeering of the groundlings should be disturbing. Never before has the sanctity of the attorney/client privilege been so thrillingly dismissed. Even if, as is almost assuredly the case, there was exceptionally good cause to breach the privilege, it should never be taken lightly. It should never be treated as a facile resort, founded on mere probable cause. Does Michael Cohen have other clients? What of their privilege? Does Cohen have privileged communications of his prime client that have no bearing on the evidence for which the warrants were issued? These privileged communications may well be seen as the feds parse Cohen’s papers,…

Short Take: Zuck in a Suit

0
0
Mark Zuckerberg sat alone at a table in one of the most massive Senate joint committee hearings ever, with 44 senators, nearly half the Senate, in attendance so as not to miss the opportunity to speechify for the cameras. The senators understood one thing: the internet is bigger and more powerful than they are, and there was no way they were going to pass up the opportunity to create a record about how they’re going to protect the children. My first joke was that Zuck’s entrance into the chamber brought the average age of the room down by 58 years. Cute, if hyperbolic, right? But what wasn’t an exaggeration was that Zuck showed up wearing a blue suit, a white shirt, a lavender tie, like a normie. He dressed respectfully, which means he didn’t have the guts to wear a Def Leppard tee. What a coward. Even worse, he behaved himself. He listened to the 44 speechify, threaten, ask insipid questions (how many Nevadans had their data breached? Are you kidding?),…
Viewing all 71805 articles
Browse latest View live




Latest Images