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ALFREDO BULLARD Y LOS ESCLAVOS

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"Las leyes no crean derecho" sentencia Alfredo Bullard, Se necesita una "base material que lo hagan posible", "prima facie" el razonamiento es correcto, sin embargo el colega apunta a la eliminación de los beneficios laborales que él, en su defensa alegue que mi conclusión es apresurada y poco coherente con los principios antes expuestos que se aplican a cualquier actividad humana es una falacia ¿Por qué?, veamos: QUE PIENSO Pensemos invirtiendo sus principios, esto es, "Los derechos necesitan de una ley cuando, por ejemplo, las relaciones laborales son tan injustas que, mantener la base material en la que se desenvuelven sólo beneficia a una parte de ellas que si no se modifica terminará por enfrentarlas, de suerte que, deben dictarse leyes garantizando que el patrón gane lo justo y el trabajador lo que corresponde a su trabajo. ¿Por qué?, la base material…

Is The OIG and Michael Horowitz Our Best Hope?

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Our constitutional republic is predicated upon the rule of law.  We stand to lose the republic and our freedoms when those who have been entrusted with power utilize that power, not for the public good, but rather for personal political gain.  As we learn from the Declaration of Independence,  “Governments are instituted among Men” to secure […]

Newsflash: "Touch DNA" doesn't necessarily require touching

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Grits has discussed problems with DNA mixture evidence - particularly regarding so-called "touch DNA" - at some length. But conversations in Texas about the math have ignored an even bigger problem raised in this Wired magazine article: Touch DNA from an individual can be transferred to places to which the suspect has never been. The featured case involved an innocent man whose DNA wound up under the fingernails of a murder victim. But the crime was committed while he was hospitalized and could not have committed the offense. It turned out, the same paramedics treated the suspect and responded to the murder scene, somehow transferring his DNA in the process.This may be more common than anyone - even innocence advocates - have understood. It turns out, for example, about one in five people "walk around with traces of other people's DNA on our fingernails," a study found. Or consider: Scientists have determined that a man who shakes hands with…

'Firepower to the People!,' and More: Justice Issues Reading List

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Using this post to record links to several notable academic papers I've seen recently, saving them for perusal later. Perhaps some of them will also interest Grits readers:Firepower to the People! Gun Rights and the Law of Self-Defense to Curb Police MisconductThe Scale of Misdemeanor JusticePolice Disciplinary AppealsThe Myth of a Reliability TestThe Anti-BlackstoniansThe Exclusionary Rule in the Age of Big DataTerry Stops-and-Frisks: The Troubling Use of Common Sense in a World of Empirical DataEvidence Without RulesStrange Bedfellows: Can Insurers Play a Role in Advancing Gideon's Promise?The Excessive Fines Clause: Challenging the Modern Debtors' PrisonPredictive Policing and Reasonable SuspicionRisk, Race, & Recidivism: Predictive Bias and Disparate ImpactThe News Media's Influence on Criminal Justice Policy: How Market-Driven News Promotes PunitivenessRacial Critiques of Mass Incarceration: Beyond the New Jim CrowWhy Prison? An Economic Critique

"Most people will flip if the Government lets them out of trouble, even if.... ....it means lying or making up stories"

India government moving forward with the death penalty for child rape

"Techno-Policing"

Should You Announce Your Divorce on Facebook?

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Telling people about your decision to divorce can quickly become an emotionally exhausting task. First, you have to figure out an appropriate way to bring up the subject and how much information you want to share. Then, you brace yourself for the awkward responses and follow-up questions. Each conversation is rehashing a painful part of your life. Some people have decided to announce their divorce on social media so that dozens of conversations are consolidated into one. Facebook is the most popular medium for these announcements because it is ubiquitous and does not have character limitations. However, you should take your time to craft your message and consider whether this type of announcement is appropriate for you. Timing Facebook is not the first place you should go once you have decided to divorce. There are people who deserve to know about your divorce before you make the news public. You obviously need to have personal conversations with your children…

Injury Crash Blocks US26 Near Swan Valley

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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 3:10 p.m. Please direct questions to the District Office The Idaho State Police is investigating a single vehicle injury crash westbound US26 at milepost 371, west of Swan Valley. The westbound and eastbound lanes of US26 are blocked at this time. More information will be released as it becomes available. 3725 / 3761 -------------

Update - Injury Crash Blocks US26 Near Swan Valley

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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 3:10 p.m. Please direct questions to the District Office *****Update***** The crash is eastbound on US26, not westbound as originally reported. 3725 / 3761 ****End of Update**** The Idaho State Police is investigating a single vehicle injury crash eastbound US26 at milepost 371, west of Swan Valley. The westbound and eastbound lanes of US26 are blocked at this time. More information will be released as it becomes available. 3725 / 3761 -------------

Against My Better Judgment

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“Enjoy the lawsuit I’m in the process of filing against you, psycho, arrogant, inferiority complex-ridden moron.” -Matthew, then. “I was just trying to make a living. I didn’t intend to defraud anyone. I was desperate, and desperation knows no boundaries.” -Matthew, now.   I have now removed Matthew’s last name from my posts about him and their URLs. I cannot conveniently remove it from his demand letter, and I will not remove it from my commenters’ comments. Whether Greenfield or Tannebaum or anyone else who wrote about Matthew’s attempts to enlist me in a scheme to defraud Fidelity Investments is not my business. I have gone as far as empathy requires me to go, and I have done so against my better judgment. Here I explain. At the time, two and a half years ago, I held Matthew up as an example of why it is a waste of time to counsel lawyers privately about their ethical lapses: I had warned Matthew privately that…

Final Update - Injury Crash Blocks US26 Near Swan Valley

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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 4:55 p.m. Please direct questions to the District Office *****Final Update***** On April 21, 2018, at approximately 2:30 p.m., Idaho State Police investigated a single vehicle injury crash eastbound US-26 at mile post 371, west of Swan Valley. Ginger Colby, 43, of Idaho Falls was driving eastbound on a 2003 Yamaha Motorcycle when she failed to negotiate a curve in the road and hit the guardrail. Colby was separated from the bike and came to rest in the eastbound lane of travel and the bike came to rest on the westbound shoulder. Colby was wearing a helmet. Colby was transported to Eastern Idaho Regional Medical Center by ground ambulance. Both lanes of travel were…

Defendant Seeks to Represent Himself in Court

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People v. S New York Slip Op. 02286 April 3, 2018 Continue reading

Overbreadth: It’s Simpler than You Think

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From 1791 to the present … the First Amendment has permitted restrictions upon the content of speech in a few limited areas, and has never included a freedom to disregard these traditional limitations. These historic and traditional categories long familiar to the bar—including obscenity, defamation, fraud, incitement, and speech integral to criminal conduct—are well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any Constitutional problem. U.S. v. Stevens. Although the First Amendment stands against any freewheeling authority to declare new categories of speech outside the scope of the First Amendment, the Court has acknowledged that perhaps there exist some categories of speech that have been historically unprotected but have not yet been specifically identified or discussed in our case law. Before exempting a category of speech from the…

IN: Recording a recording off a Facebook account doesn’t violate the federal wiretap law

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Defendant was accused of breaking into his ex-girlfriend’s apartment and stealing her work iPad and other personal things. She signed on to his Facebook account with a password he’d previously given her. She found a recording there which admitted he … Continue reading →

Intoxicated Man Punched Cars in Publix Parking Lot While Pantless

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A 46-year-old man was arrested for allegedly dropping his pants in a supermarket parking lot while he proceeded to kick trashcans and punch cars. When Indian River County Sheriff’s Department deputies entered the parking lot of a Publix supermarket in a Vero Beach, Florida, on the evening of Thursday, April 19 they discovered a man, later identified as Wisconsin native Jonathan Boettcher, sweating heavily and acting erratically. Boettcher was allegedly screaming while his pants and underpants were pulled down, and he was reportedly waving his arms wildly. Boettcher was approached and questioned by a deputy regarding the behavior he was allegedly displaying. He disclosed that he had only consumed one beer and smoked a portion of a marijuana cigarette in a homeless camp located in the back of the market. He further stated that he removed his pants because one of his friends had driven by and mooned him causing him to drop his drawers and respond in kind, and his…

Injury Crash Old Highway 91

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5255 S. 5th Avenue, Suite 2 Pocatello, Idaho 83204 (208) 239-9800 FAX: (208) 239-9885 For Immediate Release: 04/22/18 12:53 am Please direct questions to the District Office On Saturday, April 21, 2018, at approximately 7:57 PM, Idaho State Police investigated a one vehicle injury crash on Old Highway 91 near Robbers Roost Road, south of Inkom. Gregory Dewall, 54, of Pocatello, was driving northbound on a 2012 Honda motorcycle when a herd of deer entered the roadway. Dewall struck a deer and the rear passenger, Charlene Dewall, 58, of Pocatello, was ejected off of the bike. Neither Gregory nor Charlene were wearing helmets. Charlene was transported by air ambulance to Portneuf Medical Center. The lanes were blocked for approximately 2.5 hours. 3989 / 3642 -------------

When “Welfare Check” Costs a Teenager’s Life

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When a tragic suicide, as if there’s any other kind, makes the rounds on social media, there’s an outpouring of sympathy, “thoughts and prayers” and a push to try to do something to help. Someone did just that for 17-year-old John Albers in Overland Park, Kansas. When 17-year-old John Albers threatened suicide on FaceTime, his friends called police. Albers, a junior varsity soccer player and wrestler, was home alone on Jan. 20, 2018, in Overland Park, a suburb of Kansas City, when police were called to the two-story house to check on him. Was he a young man in distress? Maybe, though it’s a hard call to decide whether to act upon one’s concern, one’s fear. After all, what if, this time, he did it and you did nothing to stop it? Didn’t that make you complicit?  “He took pills, and (was) drinking heavily,” the dispatcher said. “He (the 911 caller) saw this on FaceTime. He (Albers) also told (the 911…

Gay* Advice

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It’s hard. It’s a burden. Your life is so full, so busy, and then Darth Cheeto goes and farts again. You’re literally shaking, but can’t muster the energy to lift your finger in protest. Does that make you a bad person? Where can you turn for a tummy rub that the utter pointlessness of your existence doesn’t make you a traitor to the cause? Dear Roxane, Yes, *Roxane Gay. Who better to turn to when you need serious life advice?  I’ve slowly realized, with considerable shame, that I am no better. I’ve been harboring equal measures of apathy since November 2016. I have what seem like good excuses: having a baby, illness and death in my family, a challenging job, etc., but the truth is, these mask my underlying condition of paralysis. I have made some weak attempts to engage (joining a call, buying a book, following the play-by-play of the Alabama special election) but nothing approximating real action. I have considered that I’m…

D.Mass.: Def made his Franks at the suppression hearing; statement was reckless and completely undermined nexus to house

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Defendant showed enough to get a Franks hearing. United States v. Roman, 2017 U.S. Dist. LEXIS 167167, 2017 WL 4517963 (D. Mass. Oct. 10, 2017). “Following the Franks hearing—which occurred on multiple days spread out between November of 2017 and … Continue reading →
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