On April 18, 2018, the Securities and Exchange Commission proposed a set of rules and interpretations regarding the standard of conduct that broker-dealers owe to their investing customers, and reaffirming and clarifying the standard of conduct owed to customers by investment advisers. The SEC’s proposal is the newest development in an ongoing effort to clearly define and determine the standards to which financial professionals are held. In 2010, the Dodd-Frank Act delegated authority to the SEC to propose a uniform fiduciary standard across all retail investment professionals. Rather than wait for the SEC to do so, however, in 2016 the Department of Labor (DOL) promulgated its own fiduciary rule. As previously discussed here, the U.S. Court of Appeals for the Fifth Circuit recently struck down the DOL rule. According to SEC Chairman Jay Clayton, the Commission’s recent proposal is the outcome of extensive consideration and is intended to enhance investor protection…
SEC Proposes a “Best Interest” Standard for Broker-Dealers
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Appealing Cases to the United States Supreme Court
The United States Supreme Court has been particularly influential in shaping public policy as well as deciding how various criminal laws are prosecuted. Given the Supreme Court’s significant power, people who appeal criminal cases commonly wonder about what cases can be pursued all the way to the United States Supreme Court. For people who are pursuing criminal appeals at these levels, it is important to obtain the assistance of a seasoned criminal defense attorney who understands how to navigate the various issues that can arise. It is also important to understand the scope of the Supreme Court. The Jurisdiction of the Supreme Court There are both federal and state courts in the United States. While state courts can hear many different types of state and federal cases, federal courts only hear cases over which they have jurisdiction. These cases almost always either involve a question of federal law or matters where the parties are from different states and the claims in…
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11 Unexpected Ways to Go to Jail for “Legal” Cannabis: The Absurdities within Bill-45 and Ontario’s Cannabis Act
11 Unexpected Ways to Go to Jail for "Legal" Cannabis: The Absurdities within Bill-45 and Ontario’s Cannabis Act Look into the future with me: It is some time in late 2018, Bill C-45 has become law. The federal “Cannabis Act” is in effect. In the interest of public health, reducing strain on police [...]
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New Florida “Red Flag” Law Allows Police to Seize Guns, Arrest Those Who Refuse
Following the mass shooting at a South Florida high school in February, Florida became the sixth state to pass a so-called “red flag law,” something numerous other states are also examining. Sometimes also referred to as a “risk warrant law,” this measure approved by state legislators last month give police officers the authority to temporarily remove guns and ammunition from individuals who display warning signs of violence to themselves or others. Floridian Sen. Marco Rubio has said he plans to introduce similar legislation at the federal level that would allow close family members and law enforcement the ability to obtain a court order to bar future gun sales to someone who might pose a threat. Backers of red flag laws say they can help drive down the number of gun-related injuries and deaths, including suicides. Opponents say they deprive citizens of their Second Amendment rights without due process. Before Florida, five other states…
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Calandrillo & Fulton on Risks of Marijuana Legalization
Steve Calandrillo and Katelyn J. Fulton (University of Washington - School of Law and University of Washington, School of Law, Students) have posted 'High' Standards: The Wave of Marijuana Legalization Sweeping America Conveniently Ignores the Hidden Risks (Ohio State Law...
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"Does medical marijuana decrease opioid use or boost it?"
The title of this post is the title of this effective new WonkBlog piece by Keith Humphreys, which makes these important points: Studies conducted at the state level show that expanding access to medical marijuana is correlated with lower rates of opioid misuse and overdose. Yet studies of individuals show...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/dv1QKEe6urY" height="1" width="1" alt=""/>
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PRISONER'S DILEMMA
Long time and careful readers of this blog know that Rumpole has a modest expertise in Game Theory, with a keen interest in the Nash Equilibrium and it's application to real life legal decision making. In Prisoner's Dilemma, we examine the situation of two individuals arrested and charged with a crime. Each prisoner is in solitary confinement and unable to communicate. The prosecution lacks the evidence to convict both on the main charge. Each prisoner wants to get a year in jail in a lesser charge. Two prosecutors are dispatched to meet with each prisoner (and their counsel of course, this isn't Miami-Dade) simultaneously. The prosecutors offer each prisoner a deal. Each prisoner must then decide whether to cooperate with the outcomes as follows: If P1 and P2 each agree to rat the other out, each will get two years. If P1 rats out P2 but P2 remains silent, P1 gets off and P2 gets 3 years in prison. If P1 and P2 each remain silent, they…
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THE TRUTH ABOUT MASSACHUSETTS JUDGES AND POWERS (part 2 of 3)
We have been talking about the tragic murder of Police Officer Sean Gannon and his reputed assassin, Thomas Latanowich (hereinafter, the “Defendant”). Yesterday I shared with you a petition which is online to answer the latest call to penalize judges for the actions certain defendants take. I think I made my position on that issue relatively clear. Now, let me explain why. Attorney Sam’s Take On Judges, Powers And Criminal Sentences First of all, let’s demystify how criminal cases end. There are three options. Either there is an agreement made between the parties, there is a trial or the case gets dismissed for a legal reason…such as there is no evidence that can be presented. I think you know what a trial is. However, whether the trial is before a judge or a jury, limited pieces of evidence are presented as a result of years and years of case law and statutes which legally regulate issues like Constitutional rights and what we, as a society have…
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"Alabama Executes Mail Bomber, 83, the Oldest Inmate Put to Death in Modern Era"
From The New York Times: Mr. Moody’s final efforts to avoid execution, which the United States Supreme Court rejected, were largely procedural, including whether the federal government could turn him over to Alabama — and its execution chamber — while...
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Week of April 16 - 20, 2018
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Colorado Driving After Revocation Prohibited (DARP) as a Habitual Traffic Offender (HTO) Criminal Penalties 2018
Driving after revocation prohibited in Colorado is a Class 1 Misdemeanor punishable by a minimum of 6 months in jail up to 18 months jail and a fine of $500 up to $5000. Clearly, driving after revocation prohibited in Colorado is a serious offense. A driving after revocation prohibited charge occurs when a person who has been found to be a habitual traffic offender at DMV drives a motor vehicle in Colorado. A separate provision of the statue provides that there is a mandatory minimum 30 days jail to be imposed for a conviction for driving after revocation prohibited (DARP), however the court may suspend the mandatory 30 days jail (or a portion of it) if the person completes at least 40 hours of community service up to a maximum of 300 hours of community service. A lot of courts and district attorneys seem to not like this provision of the statute. Many courts and district attorneys believe that jail should be served in all DARP cases and won’t…
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"A Louisiana Bill Would Give Public Defenders More Funding. Public Defenders Aren’t Happy."
From Mother Jones, via the NACDL news scan: But public defenders have been vocal in their opposition to the proposal. Why? It would likely fund the offices by slashing the budget of legal aid organizations like the Innocence Project New...
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Sisters Kidnap Neighbor and Beat Her with Cross During Exorcism
Two South Carolina sisters are facing charges after allegations that they abducted their neighbor in an effort to perform an exorcism on her based on the belief that she was the victim of a possession. Brittany and Tiara Jones, sisters who reside in Columbia, South Carolina, suspected that their 56-year-old neighbor was possessed and they allegedly decided to intervene in what police have called an exorcism attempt. On March 19 the Jones sisters reportedly snatched the woman from her home against her will and detained her. During the time the alleged victim was held by the Jones’ they were said to have used a cross to assault her in an attempt to purge the suspected evil from her body. The woman was also not given any nourishment during the lengthy period she was captive. Continue reading →
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WaPo: Opinion: ‘The Watch’ blog: Lunch links: Louisiana attorney general approves of arresting people who threaten to file police complaints
WaPo: Opinion: ‘The Watch’ blog: Lunch links: Louisiana attorney general approves of arresting people who threaten to file police complaints by Radley Balko: • Some police in Louisiana are arresting people who threaten to file complaints against them, under the … Continue reading →
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The Role of a Drug Recognition Expert in Impaired Driving Cases
Drugged driving is a growing public safety concern. According to the NHTSA, each year, as many as 16 percent of drivers pulled over during weekend nighttime—and 11 percent during weekend days—hours tested positive for drugs: illicit, over-the-counter, and prescription. Law enforcement officers are increasingly charged with being able to identify impaired drivers. A drug recognition […] The post The Role of a Drug Recognition Expert in Impaired Driving Cases appeared first on Minneapolis DWI Lawyer Douglas T. Kans.
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Crash Blocks Northbound and Southbound Lanes on I-15 in Idaho Falls
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 04/21/2018 at 3:43 a.m. Please direct questions to the District Office The Idaho State Police is investigating a crash northbound I-15 at milepost 119, in Idaho Falls. The northbound lanes of travel are currently blocked and one southbound lane of travel is blocked. More information will be released as it becomes available. 4031
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*Final Update Crash Blocks Northbound and Southbound Lanes on I-15 in Idaho Falls
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 04/21/2018 at 3:43 a.m. Please direct questions to the District Office On Saturday, April 21, 2018, at approximately 2:00 a.m., the Idaho State Police investigated a non-injury, two-vehicle crash northbound I-15 at milepost 119, in Idaho Falls. A 2011 Volkswagen Jetta was driving the wrong-way southbound in the northbound lanes at milepost 119 on I-15. Charles D. Sinclair was driving a 2015 Ram pickup hauling a loaded flatbed trailer. The Jetta struck the Ram head-on and the flatbed trailer along with the contents, flipped onto the roadway. The driver of the Jetta fled on foot. Both drivers were wearing seatbelts. Idaho Falls Police Department assisted. The northbound lanes and…
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Defending Speech From His Knees
A free speech event was held at Harvard the other day. It was given the title “Dissent From Minorities Within Minorities,” which provides about as much clarity of purpose as the title of an SJ post. It was about free speech, but the phrase was nowhere to be found in the title. Because we were warned not to have the phrase “free speech” in naming our event, lest the student union disapprove it. The rationale? “Free speech” is now a dog whistle to the far-right. — Melissa Chen (@MsMelChen) April 19, 2018 How was it possible that two words that captured a fundamental right protected by the First Amendment to the United States Constitution were so “toxic” that it couldn’t be used at a Harvard presentation? The notion that “free speech” is an alt-right “dog whistle” seems more an alt-left delusion, where the right didn’t so much steal it as the left abandoned it, or worse, used it to…
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The Narcissism Of The Platform Hijacker
What does actress Jenna Fischer from The Office have to do with racism? The initial responce would likely be, “nothing, as far as I’m aware,” but that’s likely because you’re not sufficiently woke to connect the invisible dots. Fischer, herself, may have nothing whatsoever to do with racism, but she draws people’s attention because of her celebrity. And that’s close enough. Several dozen students interrupted an event featuring actress Jenna Fischer at DePauw University Tuesday to protests recent racial incidents on and near campus. Many of them held signs with things claiming they are “afraid for their lives” after recent events. If you think cops these days are too afraid, it’s nothing compared with students, who function under the belief that a word will break their bones. University Spokesman Ken Owen, who was moderating the lecture with Fischer, said about 15 minutes into the program a group of students…
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Short Take: Implicit Starbucks
A racist thing happened at Starbucks, but since nobody wants to say it aloud, I will. It wasn’t implicit bias, the benign sounding word that makes you feel as if you may have been racist, but didn’t mean it. As fashionable as the phrase may be, I don’t buy it. There is no such thing as implicit bias. There’s bias. On May 29, Starbucks will close 8,000 locations to administer racial bias training for 175,000 of its employees. The move is a response to national outrage over the arrests of two black patrons while they were simply waiting for a meeting to begin at a Philadelphia coffee shop. But racial bias training for employees is not enough to address the epidemic of discrimination by American companies. This isn’t an epidemic of discrimination by American companies, but people being people, and they prejudge black guys as being a problem, just as cops prejudge them as being a threat. There’s nothing implicit about it. It’s as…
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