Los gringos son democráticos, por lo menos es lo que sostienen tanto en lo interno como en su política exterior, en consecuencia, vale la pena preguntarse porqué siendo democráticos se oponen a las decisiones que los pueblos toman en las urnas cuando el resultado no les gusta y luego invaden y matan a los que piensan distinto, no tengo necesidad de recordar esos crímenes contra la libertad no sólo de elegir sino de pensamiento. En el caso de Venezuela han hecho uso conjuntamente con los pueblos que comparten su visión y misión en el Mundo, todo para que Nicolás Maduro deje el poder, no lo han conseguido. Debo recordar a la comunidad internacional que el daño no se lo hacen al Gobierno Revolucionario de la República Bolivariana de Venezuela sino al pueblo al que vienen utilizando para privarlo -por su poder económico- por ahora sólo de medicinas y alimentos, de…
VENEZUELA, ELECCIONES DEL 20 DE MAYO DEL 2018 Y EL DESCONTENTO DE USA.
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Van Loo on Regulatory Police
Rory Van Loo (Boston University School of Law) has posted Regulatory Police (Columbia Law Review, Forthcoming) on SSRN. Here is the abstract: The front line for business regulation — Environmental Protection Agency (EPA) engineers, Consumer Financial Protection Bureau (CFPB) examiners,...
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What is a Hung Jury?
Last year a jury could not agree about whether or not Bill Cosby was guilty of sexual assault. Earlier this year, a second jury had little trouble finding him guilty on all counts. How, though, could Cosby be tried a second time for the same crime? Doesn’t double jeopardy protect defendants from situations like this? […]
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Minnesota Closing DUI Loophole
Last week, lawmakers in Minnesota took tangible steps to close a loophole that allows individuals to operate an ATV or snowmobile even if they’ve already had their driver’s license revoked for driving under the influence. Unfortunately, it took the death of an 8-year-old boy to spark the change. This past winter, 8-year-old Alan Geisenkoetter Jr. was out ice fishing with his family when he and his father were struck by 45-year-old Eric Joseph Coleman. Alan’s father survived, while Alan later died of his injuries. Coleman had a BAC of more than twice the legal limit at the time, so while he was illegally operating the snowmobile, under Minnesota law, people can still soberly drive vehicles like a snowmobile or ATV even after their driver’s license has been suspended. Coleman had a number of previous DUIs on his record, including three revocations of his driving privileges, but assuming he was sober, he was legally allowed to pilot the snowmobile.…
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How to Enforce a Custody Order
Once a court approves your child custody order, it is legally binding on both parties. Neither parent can decide to disregard the custody order without taking the appropriate steps to request a modification to the order. But what if your ex is violating the custody order? You have the right to imitate proceedings for civil contempt against your child’s other parent. Contempt can be punishable by fines and even jail time. However, before you go to court, attempt to solve the problem amicably. Only seek to enforce the custody agreement by contempt proceedings after you’ve exhausted your other options. Document Violations If your ex doesn’t drop off your child when they’re supposed to or denies your visitation rights, document all of these violations. A single violation is usually not enough to file contempt charges, particularly if it is a minor violation. But a pattern of repeatedly ignoring the terms of your custody order could justify a contempt charge,…
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KOAT-Albuquerque: Border patrol agent stops two people after they spoke Spanish in Montana
KOAT-Albuquerque: Border patrol agent stops two people after they spoke Spanish in Montana by David Taube: HAVRE, Mont. — Two people were stopped by a border patrol agent for speaking Spanish. “Ma’am, the reason I asked you for your ID … Continue reading →
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What the Yanny-Laurel Debate Can Teach Us About Criminal Justice
For those of us still coming to terms with how a refulgent blue-and-black dress can appear yellow and gold, 2018’s great yanny vs. laurel debate has exposed that our ears, like our eyes, may also play tricks on us. The furor over this latest viral meme arises from a digital audio recording of the word “laurel” that, to a significant number of listeners, actually sounds like an entirely different word, “yanny.” According to sensory perception researchers, a confluence of physical and cognitive factors may be responsible for the disagreements. Bioengineering professor Jody Kreiman explained to the New York Times that the two words possess similar acoustic patterns based on the letters that comprise them. When broadcasted through a distorted recording, the overlap between those vocal patterns creates a sonic ambiguity. Why some of us interpret that uncertainty as gibberish may have as much to do with how our brains work as it does the quality of the…
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In shadow of Parkland, a notable discussion with victim families about capital prosecutions in Florida
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"Sex offender registry: More harm than good?"
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Verdier on The New Financial Extraterritoriality
Pierre-Hugues Verdier (University of Virginia School of Law) has posted The New Financial Extraterritoriality (The George Washington Law Review, Vol. 87 (forthcoming 2019)) on SSRN. Here is the abstract: In a series of recent cases, the Supreme Court has vigorously...
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Memorial Day: Watch Out for Injuries!
Memorial Day is quickly approaching, and that means a three-day weekend filled with grilling, alcohol, family, and friends for many across New Jersey. But, holidays aren’t always fun and games. An apparent risk for injury exists. Luckily, the Law Offices of Anthony Carbone cares about your wellbeing. In today’s blog, we will be talking about the dangers associated with Memorial Day and some safety tips you should keep in mind. Stats to Keep in Mind for Those Traveling 41.5 million Americans will be traveling this holiday weekend 36.6 million Americans will travel by road Expects travel delays on major roads to be up to three times longer than normal. Thursday and Friday (May 24 – 25) are projected to be busiest travel days INRIX, in collaboration with AAA, predicts the busiest time to travel in the New Jersey/New York region will be Friday, May 25 between 3:30 and 6:30 PM AAA expects to rescue more than 340,000 motorists Causes of Injury on Memorial Day For…
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On eve of planned House vote on FIRST STEP Act, NY Times editorial misguidedly asserts a "partial bill could end up being worse than nothing"
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Foot Clinic in St. Louis Settles Medicare Fraud Charges
A chain of podiatry clinics in St. Louis settled with the federal government for $125,000 for Medicare fraud on false claims from 2010 to 2016. The clinics apparently knowingly billed Medicare for medically necessary toenail removals, when the services provided were routine nail clippings that are not covered by the government insurance program for people older than 65 and others with disabilities, according to the U.S. Department of Justice. The president of the company issued the following statement: After becoming aware almost five years ago of some billing errors, we successfully worked with the government to correct this. At all times we have been, and remain in good standing with Medicare. We appreciate that the government worked constructively and cooperatively with us to resolve this matter. The podiatry clinic has six locations in the St. Louis area: Brentwood/Clayton, Chesterfield, Creve Coeur, Shrewsbury, St. Peters and Ballwin/Valley Park. Under the settlement,…
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Avoid a DUI this Memorial Day Weekend
During the Memorial Day holiday, people come to Florida from all over the country to enjoy three days of relaxation and fun.Whatever your plans, there is a risk of being pulled over for a DUI. Drunk driving rates are high during this holiday weekend, and make no mistake, police are on the lookout. With an estimated 34,800,000 people traveling on May 29th, Memorial Day is one of the most dangerous times to drive all year. That large number of people on the road presents many hazards, including road rage and traffic jams. When you add drunk drivers in the mix it is easy to see why this weekend ranks number one in traffic accidents and fatalities. With the increased amount of drunk driving that occurs on Memorial Day, police have gone to drastic measures to this dangerous activity. During Memorial Day weekend, police set up DUI checkpoints to make roads safer. These checkpoints use a pattern for stopping drivers. Police might choose to stop every fifth car that drives by. During…
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A GREAT QUESTION
An alert reader asked a question which we will paraphrase: Assume two candidates are vying for a seat on the bench. Both candidates apply for multiple open seats and the governor appoints both of them. What happens to the election? Does the seat open up for special qualifying and a special election, or does the governor get to make an appointment to that seat as well?Truth is stranger than fiction. Just look at our president. E FILING JUST GOT EASIER When e-filing a document through the State of Florida portal you no longer need to list how many pages the document is. This makes life easier. Of course you still can't go on there and obtain copies of documents previously filed in PDF format. But then, that's asking a lot- asking the State to provide the same services as every other e-filing entity. This is Florida after all. Site Feed
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The Prior Misconduct of an Arresting Officer Can Help You Avoid Criminal Liability
If you’ve been arrested and charged with a crime in Florida, there are a number of defenses that may be available to you (depending on what crimes you have been charged with) — for example, if you have been charged with simple drug possession, then you could potentially avoid criminal liability by showing that the arresting officer did not establish reasonable suspicion before stopping you, or by showing that the arresting officer did not establish probable cause before conducting a search of your person (or vehicle).
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TWO NEW COUNTY COURT JUDGES NAMED .......
THE CAPTAIN REPORTS:AND YOUR TWO NEW COUNTY COURT JUDGES ARE ....... As I reported last week, the Governor was scheduled this week to name two new County Court Judges, to replace Judges Multack and Kravitz. Today, the Governor chose: Ramiro C. Areces, age 35, a nine year member of The Florida Bar to replace Judge Shelley Kravitz. Arces worked for the firm of Jorden Burt before becoming a solo practitioner. Elijah A. Levitt, age 39, a 14 year member of The Florida Bar to replace Judge Spencer Multack. He served both as an ASA in Miami-Dade County and an AUSA for the Southern District of Florida before becoming a solo practitioner. Following up on Rumpole’s post from earlier today: 1:34 PM asks a great theoretical question: Captain, what would happen if the candidates in one group had also applied through the JNC process and the governor appointed them to fill vacancies after qualifying day but before the election? Would qualifying be reopened to get candidates for the…
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Outcry as ICE Arrests Immigrants in New York City Courts
The issue of ICE agents picking up undocumented immigrants in unrelated court proceedings has proved to be a contentious flashpoint under the Trump administration. In December, a court building in Brooklyn became the latest flashpoint in the immigration tussle. A report in The Nation noted Genaro Rojas-Hernandez was attending a criminal court for an unrelated assault charge. He is an undocumented immigrant. He was arrested by Immigration and Customs Enforcement (ICE) agents at the court. The Nation article claimed the incident highlighted a new constitutional crisis unfolding in New York’s criminal-justice system. ICE Arrests in the Big Apple are Under Fire Since the inauguration of Donald Trump as president in January 2017, courts in New York City saw a massive 900 percent spike in the number of immigrants who were targeted by ICE immigration agents. While the immigrants would usually be taken into local custody, they are instead being picked up by the feds.…
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Katyal’s Not-Too-Practical Indictment
There have been a great many arguments made about why Trump can and cannot be indicted, most of which reflect the writers’ wild dreams with whatever rationalizations are necessary to get there. Former Obama administration Acting Solicitor General, Neal Katyal, has taken a very different path in a New York Times op-ed, that it would be in Trump’s best interest for a president to be susceptible to indictment. First, some constitutional scholars believe a sitting president cannot be indicted. And second, two Department of Justice opinions, dating back to the Nixon and Clinton administrations, side with this view. Ken Starr thought otherwise, but the question isn’t resolved because of the position taken by any of these well-meaning folks. It’s neither left to OLC nor Starr, nor constitutional law profs, nor pundits, whether qualified to opine or not, to decide. That decision rests with the Supreme Court, and they have never ruled on the specific question.…
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An Argument for the Coherence of Privacy Law
William McGeveran, Privacy and Data Protection Law (2016). Paul Ohm William McGeveran’s new casebook on Privacy and Data Protection Law announces the death of the “death march” that anyone who has ever taught or taken a course in Information Privacy Law has encountered. The death march is the slog in the second half of the semester through a series of similar-but-not-identical federal sectoral statutory regimes, each given just one day of instruction, such as the Privacy Act, FCRA, HIPAA, Gramm Leach Bliley, and FERPA. Professors asked to cover so much substantive law beyond their area of scholarly focus (nobody can focus on all of these) usually resort to choosing only two or three. Even then, the coverage tends to be cursory and unsatisfying. The death march points to a larger problem: information privacy law doesn’t really exist. At best, privacy law is an assemblage of barely related bits and pieces. The typical privacy course covers…
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