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Supreme Court Will Decide Scope of Protection for Pregnant Workers in Young v. UPS

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When she became pregnant in 2006, Peggy Young’s doctor told her not to lift more than 20 pounds during the early part of her pregnancy, and no more than 10 thereafter.  Upon hearing of this restriction, Young’s employer, UPS, refused to let her stay in her job, as she occasionally – albeit rarely – needed to lift packages more than 20 pounds.  Young responded that she could keep working: she could do her “regular job” with occasional assistance from willing coworkers or she could be assigned to “light duty” like other employees to whom UPS offered light duty when they faced similar work restrictions.  UPS refused to accommodate Young; a division manager told her she was “too much of a liability” while pregnant and instructed her not to return until she “was no longer pregnant.”  Young took an extended unpaid leave of absence and eventually lost her medical coverage. The Supreme Court…

After numerous local, state and federal reforms, crime hits new record lows in biggest US city

Takata Airbag Recall: What New Hampshire Vehicle Owners Need To Know

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Takata Airbag Recall: What New Hampshire Vehicle Owners Need To Know  Do you own a car that was made between the years of 2000-2008? Is it an Acura, BMW, Chrysler, Dodge/Ram, Ford, Honda, Infiniti, Lexus, Mazda, Mitsubishi, Nissan, Pontiac, Saab, Subaru, or Toyota? If so your model may be eligible for a recall.  Approximately 7.8 million vehicles are under the recall from 10 different automakers. This recall affects either the front driver’s air bag, passenger air bag or in some cases both front air bags. This is the case with a widely used Japanese made airbag, from a brand called Takata; who is coming under fire for releasing a faulty airbag. A few deaths and hundreds of injuries have been reported due to this air bag defect. If your vehicle has this type of air bag and you are involved in a car accident that is severe enough to deploy your cars air bag system and your vehicle has this type of system then you may suffer injury from the air bag itself, never…

Praise for Texas justice embracing "Right on Crime" from across the pond

Arrest For Possesion Of A Deadly Weapon In Okloosa County

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Florida Statute §790.01(13) defines a deadly weapon as any instrument that could potentially cause death or great bodily harm when used in its intended capacity. Any weapon whose sole purpose is to inflict great bodily harm is generally considered to be a deadly weapon. Possession Of A Deadly Weapon You may also be charged with Possession Of A Deadly Weapon you are found to have a dirk, knife, metallic knuckles, slungshot, billie club, tear gas gun, chemical weapon or device, or other deadly weapon. But according to Florida Law, this also includes any object that while not designed to be a weapon per se, it could be used to inflict bodily harm. (Electric weapons or devices, defined by Fla. Stat. 790.01(14) can also be considered illegal possession of a deadly weapons). The penalties for possession of a deadly weapon are severe and you should really focus on finding an attorney that has a boatload of experience with this defense. If you or a family member has been placed…

Do I request a DOL hearing now or later with a blood test DUI?

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Not unless you receive a letter from DOL. Unless, the officer or trooper face a notice

"Marijuana Dining Still on Shaky Legal Ground"

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The title of this post is the headline of this intriguing new AP article. Here is how it gets started: Acclaimed chef Chris Lanter is talking a crowd of eager foodies through a demo on cooking with marijuana. As he prepares steak au poivre, he describes how to deglaze the...<img src="//feeds.feedburner.com/~r/MarijuanaLaw/~4/OSnF0sG9YgY" height="1" width="1" alt=""/>

They punch horses, don’t they?

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Facts, once again, appear to be stranger than fiction. You might remember, or you might have heard about, the 1969 movie entitled “They Shoot Horses, Don’t They?” It was a pretty big hit, starring Jane Fonda and a number of additional Hollywood notables, including Michael Sarrazin, Gig Young, and others. It produced nine Academy Award […] The post They punch horses, don’t they? appeared first on David Black.

St. Paul Man To Be Compensated for Wrongful Imprisonment

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A St. Paul man will become the first to be compensated under a new Minnesota law that pays individuals who are freed after being wrongfully imprisoned. Koua Fong Lee will become the first person compensated under the state’s new Imprisonment and Exoneration Remedies Act. The law, which went into effect July 1, calls for compensation in the range of $50,000 to $100,000 for each year the person was wrongfully imprisoned. Individuals can also recoup court costs and related expenses. A three-member panel of attorneys and judges will examine all the necessary factors before determining how much compensation Lee will receive. Lee served more than two years in prison on charges of criminal vehicular homicide. According to court records, Lee was driving a 1996 Toyota Camry when he rear-ended a car stopped at a red light at an intersection off an Interstate 94 exit ramp. Three people died in the crash, and Lee was sentenced to eight years in prison, despite the court…

Thanksgiving DUI Arrests in California Down from Last Year

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Most of the news over the past couple of years regarding violent crimes has centered on the downward trend in major crimes. It’s not a perfect curve or straight line on a graph, but we have definitely been seeing declining numbers when it comes to murder, rape, robbery, and aggravated assault. DUI, on the other […] The post Thanksgiving DUI Arrests in California Down from Last Year appeared first on .

Take Care Health Matters

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We are very excited to share with you the launch of the Take Care Health Matters website. The website serves as a tool and resource to assist justice involved individuals access health care due to the new opportunities under the Affordable Care Act (ACA).  This website is part of CCJRC’s larger health care access campaign, which we have

Why Birth and Death are Simultaneous for Women in South Africa

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Poor infrastructure, lack of privacy and limited access to health services are only a few of the factors contributing to the devastating maternal mortality rate in South Africa. There is a rural area in Mpumalanga Province, South Africa where the maternal mortality rate more than doubled from 2011 to 2012. Why are women so at risk for dying during childbirth in this province? The reasons are complex and inter-related but many factors can be addressed by the provincial Minister of Health. And we are demanding that he does. Many issues revolve around access to care. Rural clinics are hard to reach because of infrastructure challenges and cost of transport, ambulance service is insufficient, and once expectant mothers reach a clinic, privacy concerns stop many women from returning. HIV positive patients are frequently easily identified by the way they are treated by health care workers. South Africa remains a fairly traditional society and teen mothers report they are often…

Robinson on The Rise and Fall and Resurrection of American Criminal Codes

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Paul H. Robinson (University of Pennsylvania Law School) has posted The Rise and Fall and Resurrection of American Criminal Codes on SSRN. Here is the abstract: This brief essay summarizes the virtues of the modern American codification movement of the...

How We Prepare For Your Administrative Hearing & 3 Basic Tips We Give Our Clients to Help Prepare for Hearings

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Administrative and Board hearings are similar to trials, but some differences exist in procedure and practice. There is no jury and the administrative law judges (ALJ) must follow statutes, regulations, administrative procedure act (APA), constitutional requirements of due process and consider guidelines from the regulating agency. We encourage our clients to understand the administrative rules and procedures that will govern the conduct of the hearing since this is not simply making your "case" to the judge as if it were a jury that decides "guilty" or "not guilty." There are very different standards.This is one of the reasons that individuals and businesses that represent themselves in pro per have a very difficult time and usually do not do well. Although the paperwork sent out by the agencies indicates that they can represent themselves it is almost universally a bad idea. At a minimum, if a client has financial restrictions and…

Incarcerations Rates in New York City

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Greg Berman wrote a piece for TalkPoverty that frames Bronx Community Solutions as part of a NYC-wide effort to provide expanded sentencing alternatives to judges for low level offenses. You can check it out here, and pasted below: Reducing Jail: A New York StoryReducing Jail: A New York Story by Greg Berman Posted on December 3, 2014 at 8:30 am We are living through a fascinating moment in terms of criminal justice policy in the United States.When I first started working in criminal justice in the early 1990s, it was almost impossible to have a conversation with an elected official or a high-ranking criminal justice policymaker of any political persuasion without talking about the need to be “tough on crime.” The backdrop for these conversations was a pervasive sense of fear (of lawlessness on the streets) and despair (about the prospects of successfully rehabilitating offenders).Today, I turned on my computer to discover that Newt Gingrich has endorsed…

ABA Task Force Proposes Significant Change to Fraud Guidelines

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When the U.S. Sentencing Commission adopted the original Sentencing Guidelines in 1987, it sought to ensure that white collar offenders faced “short but definite period[s] of confinement.” U.S. Sentencing Commission, Fifteen Years of Guidelines Sentencing: An Assessment of How Well the Criminal Justice System is Achieving the Goals of Sentencing Reform, at 56 (Nov. 2004). However, over the last twenty-five years the Commission has abandoned its original goal of ensuring short sentences and – without any empirical basis – steadily increased the prison terms for economic crimes. See United States v. Gupta, 904 F. Supp. 2d 349, 350 (S.D.N.Y. 2012) (recognizing that fraud Guidelines “appear to be more the product of speculation . . . than of any rigorous methodology”). As a result, first-time, non-violent offenders convicted of economic crimes will often face Guidelines’ ranges equivalent to those of serious violent offenders. Compare USSG…

Assembly Line Justice

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Have you ever been convicted of or pleaded nolo contendere (no contest) to any violation of the law other than minor traffic tickets? Millions of people, many of whom were convicted of petty crimes, must answer this question (a favorite of employers) in the affirmative. Indeed, the Wall Street Journal reported in a recent article […]

Delaware Court Provides Guidance on Acceptable Deal Protection Mechanisms and Scope of Third Party Aiding and Abetting Liability in a Sale-of-Control Situation

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On November 25, 2014, the Delaware Court of Chancery issued a decision in In Re Comverge, Inc. Shareholders Litigation, which: (1) dismissed claims that the Comverge board of directors conducted a flawed sales process and approved an inadequate merger price in connection with the directors’ approval of a sale of the company to H.I.G. Capital LLC; (2) permitted fiduciary duty claims against the directors to proceed based on allegations related to the deal protection mechanisms in the merger agreement, including termination fees potentially payable to HIG of up to 13% of the equity value of the transaction; and (3) dismissed a claim against HIG for aiding and abetting the board’s breach of fiduciary duty. The case provides important guidance to directors and their advisors in discharging fiduciary duties in a situation where Revlon applies and in negotiating acceptable deal protection mechanisms. The decision also is the latest in a series of recent opinions…

Car Thefts Increasing in the Twin Cities

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While national car thefts are decreasing, the Twin Cities are bucking the trend as they’ve seen an increase in cases of Grand Theft Auto. According to police documents there were 841 reported cases of car thefts in St. Paul between August and November of this year, meaning about 210 cars were stolen each month or seven cars a day. St. Paul police spokesman Paul Paulos said thieves are no longer interested in the allure of a bike. He says they’d rather steal a vehicle. “The numbers fit the times,” he said. “Why take a bike when you can break into a car, take it, drive it a couple blocks and dump it?” Crimes of Opportunity Despite what Hollywood shows us on the big screen, thieves don’t usually McGyver their way into the car and speed away by hotwiring the engine. Instead, most thieves strike because the victim left their doors unlocked and their keys in their car, or worse, they left their car running while making a quick pit stop.…

Colorado Gives Day

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Remember CCJRC on Colorado Gives Day!
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