Today, many—if not most—of us celebrate the 13 original colonies’ Declaration of Independence, and some celebrate the dream of freedom. Many of us, though, only know that today is a day off from work, a day of food, friends, and fireworks. And just as many—if not most—of us do not know about the 13 original colonies, or the Declaration of Independence, or have any inkling of the real reason to celebrate this day, more than a few also do not get this day as one which is off from work, or anything else, nor will we get to share it with our friends, nor will we enjoy fireworks. Abraham Lincoln—and this name represents yet something, or in this case someone, about whom most of us know little-to-nothing—is alleged to have once said, in a debate with Senator Stephen Douglas, who was running against him for President of these United States, that he hated slavery. Not just because it was monstrously unjust, but because it deprives our…
The Dream of Freedom
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Trump Wanted to Invade Venezuela
Donald Trump pressed his aides on why the U.S. couldn't just invade Venezuela. He also floated the idea to leaders of Latin and South American countries, like Juan Manuel Santos, the President of Colombia. He raised it again at a dinner, and... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Happy July 4th! – Can We Make the Nazi Comparison Yet?
I was born in 1955, ten years after the end of the Holocaust. Growing up, I was fascinated and terrified by thoughts of it. What would it have been like to have lived through that period? What would it have felt like? I am Jewish. Would I have survived? Would I have ended in a death camp, as a slave laborer, hiding in a cellar, or fought in the Resistance? How would other people who were not Jewish have treated me or my family? How could normal people let such a thing happen? Could it happen anywhere else? Were Germans different than other people or is any group of people capable of perpetrating such horrors? “Never again!” proclaimed the survivors. In recent posts on Facebook, I have coined the term my “Never again radar.” It is going off now. The usual response to comparisons with Nazism and Hitler is that such comparisons are basically an admission of the weakness of the…
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Carpenter vs. United States – Law Enforcement Must Obtain Warrant for Cell Phone Records Maintained by Service Provider
The United States Supreme Court decided Carpenter vs. United States on June 22, 2018. This is a major Fourth Amendment decision which requires law enforcement to obtain a warrant to get cell phone service provider records that can show a user’s movements. The broad facts of the case are not complicated. The police arrested four men in connection with a series of armed robberies in April, 2011. One of the men confessed and gave his cell phone number and the numbers of the other actors to law enforcement. This information was used to apply for court orders to obtain “transactional records” for each phone number. The applications were granted under the Stored Communications Act, which provides that the government may require the disclosure of certain telecommunications records when “specific and articulable facts show[] that there are reasonable grounds to believe that the contents of a wire or electronic communication, or the records or…
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What is workers' compensation fraud in Ohio?
In Ohio, you have the right to collect workers' compensation if you are injured on the job and have associated medical expenses. This system is set up to protect you and your employer. However, some people try to defraud the system and collect benefits when they are not rightfully due to them. The Ohio Revised Code clearly outlines what constitutes workers' compensation fraud. Obviously, collecting benefits when you are not hurt or when your injury was not caused by something while at work is illegal. This system is designed only for those who are injured on the job. In addition, if you receive benefits in error, either getting benefits when they are not due to you or getting an overpayment of benefits, this is also considered fraud if you do not report the error and return the overpayment. Also, if you make false statements when filing a claim, even if the claim is legitimate, then you are committing fraud. This includes submitting fraudulent documents. It also…
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* Final Update* Fatality Crash With Blockage Westbound Interstate 84 Near Burley
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 7/4/2018 3:00 p.m. Please direct questions to the District Office ***Final Update*** On Wednesday, July 4, 2018, at 5:07 a.m., the Idaho State Police investigated a three-vehicle fatality crash westbound Interstate 84, at 204.4, near Burley, in Minidoka County. Laura L. Smith, 53, of Kempner, TX, was driving a 2007 Dodge pickup, towing a 2003 Cadillac Seville on a 2012 U-Haul trailer, eastbound on Interstate 84. Her passengers were Richard D. Johnson, 81, of Deer Park, WA, and Robert P. Smith, 59, of Kempner, TX. James J. Petrik, 51, of Leavenworth, KS, was driving a FedEx commercial vehicle with double trailers westbound on Interstate 84. His passenger was Carlomagno…
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EL DICTADOR - LA HISTORIA DE UNA GALLINA y LA IGUALDAD DE GÉNERO
"TODO DEPENDE DEL CRISTAL CON QUE SE MIREN LAS COSAS" La "petit historia" que leerán, ignoro si será cierta, demanda de quién la lea su capacidad de entendimiento, que la compartan o no es una acción fuera de mi control, me atrevería a pensar que hay muy pocos humanos que lo harían, mucho menos si son peruanos, salvo que no sean el animal de la historia. Les recuerdo finalmente que el personaje principal es el actor en ejercicio del poder en representación del pueblo que lo eligió en la mayoría de gobiernos "democráticos". La he tomado sin permiso de la página de la señora Irene Palacios Miroquesada: `🇵🇵🇪🇪 `` En una de sus reuniones, Stalin (dictador soviético, 1878-1953) solicitó que le trajeran una gallina. La agarró fuerte con una mano y con la otra empezó a desplumarla. La…
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Prior Consistent Statements: Admissible as Narrative
As a general rule, prior consistent statements of a witness are inadmissible. There are two primary justifications for the exclusion of such statements: first, they lack probative value (they are self-serving, easily fabricated, and redundant) and second, they constitute hearsay when adduced for the truth of their contents. R. v. Dinardo, 2008 SCC 24 (CanLII) at para. 36. Further, their repetition before the trier of fact is capable of working significant prejudice. See R. v. M.P., 2018 ONCA 608 , at para. 77. Exceptions to the rule Like other admissibility rules which are primarily exclusionary in their effect, the general rule enjoining introduction of prior consistent statements of a witness brooks exception. These exceptions permit introduction of prior consistent statements for restricted purposes which differ depending on the exception, for instance: 1. To rebut a claim of…
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Immigrant Workers Plentiful in Healthcare, Education Fields
With all of the recent focus on U.S. immigration in recent months, statistics show that immigrants make up significant portions of workers in both the healthcare and education fields. From educated professionals to relatively unskilled workers, immigrants fill many roles in these sectors that Americans may be unwilling or unable to fill. The Pew Research Center found that following the retail sector, educational services was the biggest employer of lawful immigrants (8%). The positions occupied by immigrants include service positions, such as dining hall workers and janitors, as well as more skilled positions, such as professors. Similarly, in 2015, almost 17%, or 2.1 million, of the 12.4 million people working in the U.S. healthcare field were immigrants. The market for healthcare workers is steadily growing, due in large part to the overall aging of our country. As a result, the U.S. Bureau of Labor Statistics predicts that the healthcare sector will add 2.3 million jobs by…
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Injury Motorcycle crash US12 MP169.8, Powell
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 2 Patrol 2700 North and South Highway Lewiston, ID 83501-1732 (208) 799-5151 Fax (208) 799-5146 For Immediate Release: <07/04/18 6:30pm> Please direct questions to the District Office On July 4, 2018 the Idaho State Police investigated a one vehicle, injury motorcycle crash. Mark L. Armstrong, 55 years old, of Alberton, Montana was traveling west on US12 at milepost 169.8 on his 2013 Harley-Davidson motorcycle when he failed to negotiate a left curve, went on the right shoulder and hit gravel. Mr. Armstrong lost control of his motorcycle, struck a concrete barrier and was ejected. Mr. Armstrong was not wearing a helmet at the time of the crash and was transported to St. Patrick's Hospital in Missoula, MT. The roadway was blocked for approximately 30 minutes while…
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Massive Corporate Crimes Get Free Pass
History will teach that the Donald Trump presidency was the most corrupt of the nation’s first 45. Eighteen months into Trump’s presidency more than three dozen appointed government officials have resigned or been fired under suspicious clouds of corruption at one level or another. Trump assembled one of the wealthiest cabinets in the nation’s history, and each member has been accused of using their appointed position for personal gain. President Trump, his sons, his daughter, his son-in-law, and his wife have all used the Trump presidency for personal or family financial gain. 44 percent of the people in this country now believe that the Office of the Presidency is the most corrupt of all official offices in Washington, D.C. States Also Embroiled in Corruption Corruption is endemic at every level of official power in this nation. Two of America’s United States, Louisiana and Mississippi, are the butt of late night jokes concerning…
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NZ Appeals Court Rules Kim Dotcom Can Be Extradited
Kim Dotcom lost a big case today in the New Zealand Court of Appeals. The court ruled that "all pathways" of the U.S. for his extradition are open. Here is the court's press release, the summary of the judgment and the 120 page decision is here.... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Teacher Accused of Driving Drunk near School Campus
Wildwood, Florida, resident Carolyn Roach Doggett, a woman who works as a first-grade elementary school teacher, was accused of driving under the influence of alcohol on Monday while she was in the vicinity of a local charter school. On the afternoon of July 2, after the Sumter County Sheriff’s Office was notified with information about a possible reckless driver they dispatched to the reported area that the vehicle was seen, which was within half a mile of The Villages Charter School. Officers encountered the sports utility vehicle that they suspected was the motorist they received the call about and they reported that the turn signal remained in the on position the entire time they were in pursuit and that the SUV was allegedly weaving erratically enough that several accidents were narrowly avoided. Continue reading →
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Is Your Workers’ Compensation Settlement Actually Final?
It’s not something you ever expected to happen. When you were hurt at work, your employer’s insurance company agreed to pay a settlement amount. At the time, your attorney suggested that the number was acceptable. In fact, you even had to go before a judge to get the “deal” finalized. Meanwhile, your original condition has worsened. What happens now? Is you workers’ compensation settlement actually final? The good news is that it depends. Under New Jersey workers’ compensation laws, there is a chance that you could reopen your claim. A few things will matter. Among them, is the way your case concluded in the first place. When you seek legal counsel, your attorney will need to look at the original court documents that ended your case. (Don’t panic if you can’t locate them. The Division of Workers’ Compensation will have them on record and available for retrieval.} Some Workers’ Comp Cases are Final Think…
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Aida Leisenring featured on ABC’s ‘Nightline’, discussing her television show, ‘The Last Defense.’
Barket Epstein partner Aida Leisenring recently appeared on ABC’s ‘Nightline’ to discuss the Darlie Routier case featured on ABC’s “The Last Defense” where she serves as an Executive Producer along with Vanessa Potkin of the Innocence Project. Click here to watch the episode The post Aida Leisenring featured on ABC’s ‘Nightline’, discussing her television show, ‘The Last Defense.’ appeared first on Barket Epstein & Kearon, LLP.
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Rappaport on The Institutional Design of Punishment
Aaron J. Rappaport (University of California Hastings College of the Law) has posted The Institutional Design of Punishment (Arizona Law Review, Forthcoming) on SSRN. Here is the abstract: For the past 40 years, policymakers have engaged in a debate over...
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Federal Judge Rules Tennessee Must Stop Revoking Licenses If You Can’t Pay Your Fines
According to statistics provided by The Tennessean, more than 146,200 drivers have lost their license simply because they couldn’t afford to pay court costs. A ruling from U.S. District Judge Aleta Trauger changes that. The criminal justice system relies heavily on court costs and administrative fees, but for many people those costs are a significant burden. Someone accused of even a petty crime may still face thousands of dollars of court costs, which only increase over time due to the inability to pay those costs. In Tennessee, a failure to pay fines and costs has meant that the state can revoke your driver’s license. Obviously, this threw people into a vicious cycle: a person who couldn’t pay costs lost their license, which meant they couldn’t get to work, which meant more costs were incurred, and so on – a cycle of debt that sent many people who were already hurting financially into even more dire straits. Continue reading
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How Long does it take for a Record to be Sealed in Illinois?
If you were convicted of a crime in Illinois, you may be able to seal the criminal record. The procedure around having a criminal record sealed is complicated and having the right attorney on your side can make all the difference in your case. With extensive experience, Attorney John D. Ioakimidis understands the nuances of this area of law. Recognized as one of the “10 Best Attorney for Client Satisfaction” by the American Institute of Criminal Law Attorneys, you can trust you are in good hands at his firm. In the state of Illinois, having your criminal record expunged is different from having it sealed. To have your record expunged means that the record is physically destroyed by the agencies and government bodies holding it or the hard copies of the record get returned to the petitioner. When a criminal record is expunged, it does not show up in any public record. To have your record sealed, on the other hand, means that the records will not be…
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"Why Alcohol Is Still the Most Dangerous Drug"
The title of this post is the headline of this lengthy new article in Governing magazine. Interestingly, the article does not once mention marijuana, but it is still a sobering read against the backdrop of the often-stated refrain of marijuana reformers that they want marijuana regulated like alcohol. I recommend...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/lsMNO_wRV_c" height="1" width="1" alt=""/>
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Ferzan on Defending Honor and Beyond
Kimberly Kessler Ferzan (University of Virginia, School of Law) has posted Defending Honor and Beyond: Reconsidering the Relationship between Seemingly Futile Defense and Permissible Harming (forthcoming Journal of Moral Philosophy (accepted March 3, 2017)) on SSRN. Here is the abstract:...
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